23 N.W.3d 751
N.D.2025Background
- In 2021, Zach Toppenberg was ordered to pay $1,814/month in child support based on annual income of $103,200.
- In 2023, Zach moved to Arizona to assist his ailing parents and began work at a construction company earning $21/hour.
- Zach filed a motion in 2024 to reduce his child support, presenting evidence of lower earnings and a back injury affecting his work capacity.
- The district court reduced the support to $875/month, finding Zach’s annual income to be $43,680, but did not include substantial gifts from his parents or unreported income in that calculation.
- Kristina Toppenberg appealed, arguing both the propriety of the modification and errors in the income calculation for child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was modification of child support appropriate? | Zach failed to prove current support deviates from guidelines. | Circumstances changed (less income, new location, health). | Modification appropriate if guidelines not met; district court affirmed. |
| Did the district court properly calculate income? | Court ignored gifts and unreported income, undercounting gross income. | Provided tax return, paystubs; gifts not income. | Erred in not including gifts/unreported income; remanded for recalculation. |
| Should income be imputed under earning capacity? | Zach is underemployed and can earn more; court should impute higher income. | Limited by back injury, local job market, and education. | Discretion not abused; court not required to impute higher prior income. |
| Inclusion of rent-free living/sale of truck? | Gifts, non-payment of rent, truck sale also income. | No money from truck; rent paid to parents. | Court not required to include, found no error with remaining calculations. |
Key Cases Cited
- Schwalk v. Schwalk, 841 N.W.2d 767 (N.D. 2014) (clarifies evidentiary burdens and standards for imputing income upon voluntary employment change)
- Bickel v. Bickel, 949 N.W.2d 832 (N.D. 2020) (sets review standards for child support findings and modifications)
- Devine v. Hennessee, 848 N.W.2d 679 (N.D. 2014) (underscores necessity for accurate and complete income findings in child support modifications)
- Knudson v. Knudson, 916 N.W.2d 793 (N.D. 2018) (prescribes compliance with support guidelines as legal requirement)
- Pomarleau v. Pomarleau, 969 N.W.2d 430 (N.D. 2022) (upholds judicial discretion in choosing income for child support calculations)