Burris v. Burris

Citations

• 972 N.W.2d 103
• 2022 ND 67

Syllabus

An order denying the elimination or modification of a spousal support obligation affects a substantial right and can be appealed to this Court. A voluntary payment of an award of attorney's fees renders the issue moot and waives the party's right to appeal that issue. Whether there has been a material change in circumstances warranting modification or elimination of the spousal support obligation is subject to the clearly erroneous standard of review. Section 14-05.24.1, N.D.C.C., dealing with spousal support awards, does not provide for retroactive effect. Where there was no change to a 2006 judgment, the statute cannot be applied retroactively.