Paulson v. Paulson
801 N.W.2d 746
| N.D. | 2011Background
- Mark and Cheryl Paulson married in 1994, separated in 2006, and Mark filed for divorce in 2008.
- The district court granted the divorce, divided property, and denied spousal support in the first judgment.
- On Cheryl’s appeal, this Court affirmed the property division but reversed and remanded for proper Ruff-Fischer analysis on spousal support.
- On remand, the district court issued amended findings and awarded Cheryl $1,500 per month permanent spousal support.
- The court analyzed the Ruff-Fischer factors, noting long marriage, significant income disparity (Mark ~$53k vs Cheryl ~$23k), and Mark’s dissipation of assets.
- Mark challenged remand procedures; the court allowed fuller findings and accepted the income figures, with issues not raised on remand not to be raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the spousal support findings were clearly erroneous | Paulson contends the findings misstate income and needs | Paulson argues the district court correctly applied Ruff-Fischer factors | Findings not clearly erroneous; support awarded |
| Whether issues raised for the first time on appeal were properly preserved | Paulson did not present certain income issues in remand | Issues not raised below cannot be raised on appeal | Preservation requirement respected; new arguments not considered |
| Whether Cheryl’s request for attorney fees and sanctions should be granted | Paulson’s appeal is frivolous; fees justified | No sanction or fees warranted; appendix rules not violated grossly | Requests denied |
Key Cases Cited
- Duff v. Kearns-Duff, 2010 ND 247 (N.D. 2010) (Ruff-Fischer factors and income/needs analysis in spousal support)
- Peterson v. Peterson, 2010 ND 165 (N.D. 2010) (guidance on spousal support considerations)
- Beeter v. Sawyer Disposal LLC, 2009 ND 153 (N.D. 2009) (issues not raised below cannot be raised on appeal)
- Spratt v. MDU Resources Group, Inc., 2011 ND 94 (N.D. 2011) (principles on presenting arguments at oral argument)
- Paulson v. Paulson, 2010 ND 100 (N.D. 2010) (remand directive to apply Ruff-Fischer guidelines)