17 N.W.3d 577
N.D.2025Background
- Bryan Carrier and Elizabeth Allmendinger had a child in 2017 and were never married.
- In 2018, the court set Carrier’s child support at $3,500 per month.
- The State and Carrier sought in 2023 to lower Carrier’s obligation based on updated income, but Allmendinger contested, seeking more discovery and a hearing.
- After evidentiary hearings, the district court found Carrier’s financial information unreliable and denied the State’s motion to reduce child support.
- The court ultimately recalculated and set Carrier’s obligation at $3,278 per month based on corrected figures, starting June 2024.
- Carrier appealed, arguing the denial of the modification was error; Allmendinger requested attorney’s fees for the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reliability of financial information | Info is unreliable and unverified | Opposed modification denial | Court found info unreliable |
| Burden to support modification | Carrier did not meet burden | State/Carrier provided enough | Burden not met by Carrier/State |
| Compliance with child support guidelines | No argument made | Court erred on the guidelines | Not reviewed; not briefed |
| Attorney’s fees for appeal | Appeal frivolous, warrants fees | (no clear stance) | Fees denied; appeal not frivolous |
Key Cases Cited
- Anderson v. Foss, 10 N.W.3d 570 (N.D. 2024) (sets the standards for review of child support determinations)
- Wolt v. Wolt, 930 N.W.2d 589 (N.D. 2019) (emphasizes need for compliance with child support guidelines)
- Minar v. Minar, 625 N.W.2d 518 (N.D. 2001) (explains clearly erroneous standard for findings of fact)
- Wilson v. Wilson, 855 N.W.2d 105 (N.D. 2014) (review of interpretation/application of child support guidelines)