Serr v. Serr

Summary

The Supreme Court of North Dakota held that the parties' custody arrangement did not provide equal physical custody exactly fifty percent of the time under the child support guidelines. The court reversed the child support decision and remanded for entry of judgment establishing Amanda Serr's child support obligation at $168 per month effective March 1, 2007.

Holdings

1. The equal-physical-custody offset provision applies only when the actual judgment awards each parent physical custody exactly fifty percent of the time. The judgment here did not do so, and the district court erred by applying that provision.
2. The extended-visitation adjustment under N.D. Admin. Code § 75-02-04.1-08.1 did not apply because Amanda's custody did not exceed 60 of 90 consecutive nights or an annual total of 164 nights.

Questions Presented

1. Whether the custody judgment awarded each parent equal physical custody exactly fifty percent of the time for purposes of N.D. Admin. Code § 75-02-04.1-08.2.
2. Whether the extended-visitation adjustment under N.D. Admin. Code § 75-02-04.1-08.1 applied to Amanda Serr's custody schedule.

Disposition

reversed_and_remanded