Machart v. Machart

Summary

The North Dakota Supreme Court affirmed the modification awarding Patrick Machart primary residential responsibility for the parties’ children, concluding the referee’s best-interests determination was not clearly erroneous. The court held that the referee improperly calculated Tracy Bunkowske’s child support obligation by failing to explain how her net income was determined and by failing to account for her support obligation to a child living with her. The child support portion of the judgment was reversed and remanded for recalculation.

Holdings

1. The award of primary residential responsibility to Machart was not clearly erroneous because the record supported the finding of a material change in circumstances and the determination that the change served the children's best interests.
2. The referee erred as a matter of law by failing to state how Bunkowske's net income was determined and by failing to perform the additional guideline calculations required because she owed a duty of support to a child living with her who was not Machart's child.

Questions Presented

1. Whether the referee's award of primary residential responsibility to Machart was clearly erroneous and contrary to the children's best interests.
2. Whether the referee improperly calculated Bunkowske's child support obligation by failing to explain the determination of her net income and by failing to account for her duty to support a child living in her household who was not Machart's child.

Disposition

reversed_and_remanded