Steen v. State
2013 ND 67
| N.D. | 2013Background
- Shannon and Angela Dieterle married on February 20, 2009; they had a daughter and purchased a ranch.
- Angela had three minor children from prior relationships; one is now an adult.
- There was a July 2011 domestic altercation; Angela was convicted of simple assault.
- A trial led to Shannon receiving primary residential responsibility and child support; Angela was granted parenting time and a parenting plan via a parenting coordinator.
- Marital estate consisted mainly of the ranch; the court ordered sale and equal split of net proceeds due to short marriage.
- Angela received rehabilitative spousal support of $750/month for 12 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Primary residential responsibility appropriate? | Dieterle contends Shannon should have the child. | Dieterle argues factors favor different arrangement. | upheld; Shannon awarded primary residential responsibility |
| Use of parenting coordinator to develop plan improper delegation? | Dieterle faults delegation as improper. | Dieterle defends coordinator role to craft plan. | not improper delegation; remand to finalize plan under statute |
| Marital property and debt distribution proper? | Shannon’s contributions justify equal division of ranch net proceeds. | Angela argues Ruff-Fischer factors require different allocation. | not clearly erroneous; short-term marriage supported equal split of asset |
| Spousal support award appropriate? | Becker/Duff considerations support premised rehabilitative support. | Amount/duration insufficient under Ruff-Fischer guidelines. | not clearly erroneous |
Key Cases Cited
- Hammeren v. Hammeren, 2012 ND 225 (N.D. 2012) (broad discretion on best-interest factors for custody)
- Deyle v. Deyle, 2012 ND 248 (N.D. 2012) (best-interest factors governing custody)
- Fonder v. Fonder, 2012 ND 228 (N.D. 2012) (sufficiency of factual findings for custody)
- Martiré v. Martiré, 2012 ND 197 (N.D. 2012) (credibility assessment on appeal)
- Crandall v. Crandall, 2011 ND 136 (N.D. 2011) (Ruff-Fischer factors for property division)
- Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (N.D. 1952) (allocation guidance for property division)
- Keita v. Keita, 2012 ND 234 (N.D. 2012) (equitable distribution framework)