Hoverson v. Hoverson

Summary

The North Dakota Supreme Court affirmed a divorce judgment distributing the parties’ approximately $14.5 million marital estate, awarding temporary spousal support and child support, and ordering attorney’s fees. The court held that the property division and spousal-support award were not clearly erroneous, the child-support award was supported by the record, and the attorney’s-fee award was not an abuse of discretion.

Holdings

1. The district court's unequal distribution of the marital estate was not clearly erroneous because the court considered the Ruff-Fischer factors and adequately explained the disparity.
2. The award of $3,000 per month in spousal support for two years was not clearly erroneous.
3. The district court did not clearly err in ordering $3,002 per month in child support, including a $900 upward deviation from the presumptive guideline amount.
4. The district court did not abuse its discretion by ordering Carl to pay Sandra's attorney's fees.
5. Sandra was not entitled to attorney's fees on appeal because the request was raised for the first time in her reply brief.

Questions Presented

1. Whether the district court clearly erred in distributing the parties' marital property.
2. Whether the district court clearly erred in awarding Sandra Hoverson $3,000 per month in spousal support for two years rather than permanent support or a different amount.
3. Whether the district court clearly erred in determining the amount of child support and the extent of the upward deviation from the presumptive guideline amount.
4. Whether the district court abused its discretion by awarding Sandra Hoverson attorney's fees.
5. Whether Sandra Hoverson was entitled to attorney's fees on appeal when the request was made for the first time in her reply brief.

Disposition

affirmed