Hammeren v. Hammeren

Summary

The document is a North Dakota Supreme Court opinion affirming a divorce judgment that awarded Kelli Hammeren primary residential responsibility and ordered Allen Hammeren to pay child support. The court held that the trial court did not clearly err in evaluating the best-interest factors or adopting a parenting schedule, and did not abuse its discretion in setting the child-support obligation effective October 1, 2010. The opinion also addresses the consideration of a child’s preference and post-judgment motions under the North Dakota Rules of Civil Procedure.

Holdings

1. The district court did not clearly err in awarding Kelli Hammeren primary residential responsibility because its findings under the statutory best-interest factors were supported by evidence, including evidence that Allen's proposed alternating-week school-year schedule would be disruptive and that his work schedule was not sufficiently stable for a long-term plan.
2. The district court did not abuse its discretion in declining to have the ten-year-old child testify or be interviewed because the record contained evidence concerning the child's maturity, Allen did not call the child or request an in-chambers interview, and he made no offer of proof showing prejudice from the purported exclusion.
3. The district court did not abuse its discretion by commencing Allen Hammeren's $1,014 monthly child-support obligation on October 1, 2010, and by granting him a $4,728 credit for prior payments while denying further relief.

Questions Presented

1. Whether the district court clearly erred in awarding Kelli Hammeren primary residential responsibility and rejecting Allen Hammeren's alternating-week parenting plan.
2. Whether the district court erred or abused its discretion by declining to hear the ten-year-old child's preference and by rejecting the challenge to the parenting-plan determination.
3. Whether the district court abused its discretion by making Allen's child-support obligation effective October 1, 2010, and by granting only a partial credit for prior payments.

Disposition

affirmed