State v. Gonzalez
2011 ND 143
| N.D. | 2011Background
- Krueger and Bentz (Deborah Bentz) were married in 1992 and divorced in 1999, child L.K. born 1994.
- Custody awarded to Bentz with Krueger’s visitation restricted; further visitation disputes followed.
- 2003 amended judgment again restricted Krueger’s visitation; earlier liberal visitation replaced with supervised/neutral arrangements.
- 2007 visitation incident allegedly involved L.K. and Krueger; thereafter visitation ceased.
- 2009 order directed joint counseling with Dr. Shelly Hall, Ph.D., to determine future visitation, possibly resuming unrestricted visitation if advised by Dr. Hall.
- Krueger sought reinstatement of visitation; Southwest Area Child Support Enforcement Unit sought to increase Krueger’s child support based on new income.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether L.K.’s wishes support denial of Krueger’s visitation motion | Krueger argues court should enforce visitation despite L.K.'s wishes. | Bentz argues visitation should remain restricted due to L.K.’s best interests and lack of progress in counseling. | Visitation denial affirmed; March 2009 order remains in effect. |
| Whether the 2009 order’s visitation framework was properly applied | Krueger contends order should resume visitation; therapy could reinstate prior schedule. | Court properly weighed Dr. Hall’s recommendations and L.K.’s stance. | Court did not err; order remains in effect and did not improperly delegate decisions. |
| Whether the district court clearly and independently set Krueger’s net income for child support | Unit’s motion should increase support based on Krueger’s reported income; district court should use guidelines. | Unit argues Krueger’s higher income warrants higher support; court should calculate per guidelines. | Remanded for explicit findings on net income and calculation; current order reversed. |
Key Cases Cited
- Schmidt v. Schmidt, 660 N.W.2d 196 (2003 ND 55) (visitation best interests standard; not solely child’s wishes)
- Dufner v. Trottier, 778 N.W.2d 586 (2010 ND 31) (courts may consider children's preferences in best interests)
- Wolt v. Wolt, 778 N.W.2d 786 (2010 ND 26) (courts retain authority; cannot delegate custody decisions)
- Entzie v. Entzie, 789 N.W.2d 550 (2010 ND 194) (net income must be stated and how determined under guidelines)
- Sonnenberg v. Sonnenberg, 782 N.W.2d 654 (2010 ND 94) (district court must state net income calculation per guidelines)