Shaw v. Shaw

Summary

The North Dakota Supreme Court reviewed a divorce judgment involving child custody, property distribution, and child support. The court affirmed the custody determination and property distribution, but reversed the child support award because the trial court failed to apply the extended-visitation adjustment under the child support guidelines. The case was remanded for recalculation using the correct gross annual income and applicable guideline adjustment.

Holdings

1. The district court's custody determination was not clearly erroneous. The court could rely on the child's established home, school, and custodial environment and on the relative stability and permanence of the proposed custodial homes; it was not required to make a separate finding on every best-interest factor.
2. The district court's property distribution was not clearly erroneous, including its treatment of the 1986 Isuzu Trooper as marital property.
3. The child support award had to be recalculated under N.D. Admin. Code § 75-02-04.1-08.1 because the judgment awarded Nathan physical custody of the child for approximately three summer months, exceeding sixty of ninety consecutive nights. The guideline applies whether the decree characterizes the arrangement as custody or visitation.

Questions Presented

1. Whether the district court's initial custody determination was clearly erroneous based on the best-interest factors, including stability, permanence of the custodial home, moral fitness, and alleged frustration of visitation.
2. Whether the district court's property distribution was clearly erroneous because it included a vehicle that Nathan claimed was owned by his mother.
3. Whether the child support award had to be adjusted under N.D. Admin. Code § 75-02-04.1-08.1 when the obligor parent was awarded custody, rather than visitation, for more than sixty of ninety consecutive nights.

Disposition

reversed_and_remanded