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Overlie v. StateOverlie v. State

North Dakota Supreme Court
Sep 15, 2011
20110091
Reporters:

Per Curiam.

[¶1] Duane Landrus Jr. appealed from a district court order denying his motion for reconsideration, which is treated on this appeal as a motion for relief from a final judgment under N.D.R.Civ.P. 60(b). Landrus argues the district court miscalculated his child support obligation by failing to use his prior W-2 form and by imputing wages to him as an incarcerated individual with no gross annual income.

[¶2] We conclude the district court did not abuse its discretion in denying Landrus‘s motion. The district court properly applied the child support guidelines in determining the child support Landrus owes to two obligees. Wages were properly imputed to Landrus as an incarcerated individual. See A.M.S. ex rel. Farthing v. Stoppleworth, 2005 ND 64, 694 N.W.2d 8 (holding incarceration does not excuse support obligation and wages may be imputed to an incarcerated individual). We summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶3] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

Daniel J. Crothers

Mary Muehlen Maring

Carol Ronning Kapsner

Case Details

Case Name: Overlie v. State
Court Name: North Dakota Supreme Court
Date Published: Sep 15, 2011
Citations: 2011 ND 191; 20110091
Docket Number: 20110091
Court Abbreviation: N.D.
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