Rathbun v. Rathbun
2017 ND 24
| N.D. | 2017Background
- Two minor children from a 2014 divorce; divorce judgment required Samuel to pay $3,543 monthly child support and rehabilitative spousal support of $3,500 for 60 months then $2,500 for 24 months.
- Samuel earned about $250,000 annually as an oil-field consultant before losing his job in August 2015; he failed to secure new employment and filed a motion to amend to reduce child support and terminate spousal support.
- The district court suspended spousal support for 12 months but kept child support at $3,543 per month; Samuel appealed.
- North Dakota child support determinations are reviewed de novo for law and clearly erroneous for facts; court must show how income and support were calculated per guidelines.
- The district court imputed Samuel’s income using 90% of his greatest average gross earnings (from prior years), reduced by 10%, and did not apply the §75-02-04.1-07(6) unemployment exception; court failed to apply guidelines correctly.
- This Court reverses and remands to recalculate child support under the guidelines and consistent with this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly applied the child support guidelines. | Rathbun contends imputation and amount were incorrect. | Rathbun argues guidelines and income imputation should reflect unemployment opportunities. | The district court erred by not applying the 07(6) exception and must recalculate. |
| Whether unemployment opportunities within 100 miles justify applying the exception to imputation. | Evidence shows limited local opportunities; guidelines require applying the exception. | District court did not consider the exception or available opportunities. | Apply §75-02-04.1-07(6) to impute income given unavailable opportunities. |
Key Cases Cited
- Bye v. Robinette, 871 N.W.2d 432 (N.D. 2015) (legal standards for child support guidelines and income calculation)
- Krueger v. Krueger, 800 N.W.2d 296 (N.D. 2011) (guideline compliance required in support determinations)
- Minar v. Minar, 625 N.W.2d 518 (N.D. 2001) (apply guidelines with common-sense consideration of circumstances)
- Richter v. Houser, 598 N.W.2d 193 (N.D. 1999) (context for applying child support guidelines)