Diane R. Waldie v. Scott T. Waldie

Summary

The Supreme Court of North Dakota held that the district court abused its discretion by denying a postjudgment motion to redistribute marital property after the husband failed to comply with mortgage-payment obligations under an interim order. The court reversed and remanded for redistribution of property, but upheld the denial of attorney's fees and did not reach the Rule 60(b) issue.

Holdings

1. A district court's decision whether to redistribute property under N.D.C.C. § 14-05-24(2) is reviewed for abuse of discretion.
2. The district court abused its discretion by denying Diane Waldie's motion and amended motion to redistribute property after Scott Waldie's material noncompliance with the interim order contributed to foreclosure and caused a significant shift in equity.
3. The district court did not abuse its discretion by denying Diane Waldie's request for attorney's fees.

Questions Presented

1. What standard of review applies to a district court's decision on a motion to redistribute property under N.D.C.C. § 14-05-24(2)?
2. Whether the district court abused its discretion by denying redistribution of marital property after Scott Waldie failed to comply with court-ordered mortgage payments and that noncompliance resulted in a significant shift in equity.
3. Whether the district court abused its discretion by denying Diane Waldie's request for attorney's fees incurred in bringing the redistribution motion.

Disposition

reversed_and_remanded