Yanjun Zuo v. Yuanyuan Wang
2019 ND 211
| N.D. | 2019Background
- Zuo and Wang married in 1994 (one child). Zuo is a UND professor (~$143,400/yr); Wang previously worked in Hong Kong but more recently earned hourly wages in Grand Forks.
- Zuo filed for divorce in December 2016; court entered an interim stipulated order in March 2017 providing Zuo would pay daycare in lieu of child support and that child support would not be retroactive but would commence the month after final judgment.
- Four-day bench trial held April–May 2018. The court admitted Chinese audio recordings Zuo made of communications with Wang but excluded Zuo’s late-provided English translations.
- The district court found Zuo committed domestic violence on multiple occasions, awarded Wang primary residential responsibility of the child, $1,750/month rehabilitative spousal support for ten years, and distributed marital property (including treating an $85,000 transfer by Zuo as marital).
- The court ordered child support of $1,335/month effective February 1, 2017. On appeal, the Supreme Court affirmed most rulings but reversed the retroactive child support and remanded to start support the month following entry of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of English translations of audio recordings | Translations show Wang was abusive; translations should have been admitted | Translations were untimely, uncertified as reduced from recordings, and parentheticals raised reliability concerns | Court did not abuse discretion excluding untimely/unreliably documented translations; exclusion affirmed |
| Primary residential responsibility (domestic violence findings) | Court erred: relied on hearsay and inconsistent testimony; award to Wang was improper | Evidence (911 call, officer observations, arrests, witness testimony) supported findings of domestic violence and best-interest analysis | Findings of domestic violence and award to Wang not clearly erroneous; custody award affirmed |
| Rehabilitative spousal support under Ruff–Fischer | Award unsupported or excessive given factors | Court considered Ruff–Fischer factors, found Wang needs time to reestablish career and Zuo can pay | Spousal support award for ten years was supported by the record and not clearly erroneous |
| Retroactive child support contrary to interim order | Child support should begin month after final judgment as interim order provided; retroactive order conflicts with that stipulation | Court awarded support back to Feb 1, 2017 despite interim order language; court retained discretion over past support | Supreme Court held the district court abused its discretion by backdating support; reversed and remanded to begin support the month after entry of judgment |
| Marital estate valuation (2014 $85,000 gift) | Gift to Zuo’s family was separate and should not be included; similar gifts by Wang should be considered if present | Court found Zuo’s transfers were attempts to conceal assets and included them in marital estate | Court’s finding that transfers were concealment was not clearly erroneous; distribution affirmed |
Key Cases Cited
- Vandal v. Leno, 843 N.W.2d 313 (N.D. 2014) (district court has broad discretion on evidentiary matters)
- Zundel v. Zundel, 901 N.W.2d 731 (N.D. 2017) (standard for abuse of discretion)
- Grasser v. Grasser, 909 N.W.2d 99 (N.D. 2018) (standard of review for primary residential responsibility)
- Schmuck v. Schmuck, 882 N.W.2d 918 (N.D. 2016) (Ruff–Fischer guidelines remain controlling for spousal support)
- Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966) (origin of Ruff–Fischer consideration)
- Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952) (factors for spousal support)
- Sargent Cty. Bank v. Wentworth, 547 N.W.2d 753 (N.D. 1996) (unchallenged hearsay may be considered)
- Rhodenbaugh v. Rhodenbaugh, 925 N.W.2d 742 (N.D. 2019) (standard for awarding past child support)