Ritter v. Ritter

Citations

• 2024 ND 147

Syllabus

A trial court's property valuations and division of the parties' assets and debts, and refinancing of debts are findings of fact subject to the clearly erroneous standard of review. A trial court may weigh spouses' competing testimony on the value of marital property. A trial court's valuation of marital property is not clearly erroneous if the findings are within the range of evidence provided. Whether a trial court includes an indemnity provision in a divorce judgment is dependent upon the facts of the case, subject to the clearly erroneous standard. When determining whether to award spousal support, the trial court must consider the Ruff-Fischer guidelines, the needs of the spouse seeking support, and the ability of the other spouse to pay. Under the child support guidelines, a district court may average an obligor's income when calculating his or her income for child support purposes if the obligor has a fluctuating income. The guidelines specifically provide where gross income is subject to fluctuation, information reflecting and covering a period of time sufficient to reveal the likely extent of fluctuations must be provided.