Klebe v. Klebe

Citations

• 2026 ND 49

Syllabus

A district court may determine a child support obligation based on earning capacity rather than earnings history. The presiding judge of the judicial district, not the judge sought to be disqualified, determines the validity and timeliness of a demand for change of judge under N.D.C.C. § 29-15-21. However, when a demand for change of judge is untimely filed under N.D.C.C. § 29-15-21(2), the error in having the wrong judge rule on the demand is harmless under N.D.R.Civ.P. 61.