Dimmler v. Dimmler

Citations

• 2024 ND 20

Syllabus

Complete valuation of a remainder interest includes consideration of the debt secured by a mortgage on the real estate. A court can value personal property within the range of evidence supplied. If parties fail to value, or give little value, to marital property, the district court may award no value to the property. A district court must weigh the evidence to determine which parent will receive primary residential responsibility. This Court will not retry the district court's findings on best interest factors. A district court can impute wages under N.D. Admin. Code § 75-02-04.1-07(3) when a party is underemployed. If a party is employed, the court can impute wages if the party does not meet an exception under N.D. Admin. Code § 75-02-04.1-07(5). A district court does not abuse its discretion by reserving the issue of interim child support, and later denying a retroactive award of child support, when the parties made equalizing payments for overall expenses. Recovery of attorney's fees is addressed to the district court's discretion.