Hoverson v. Hoverson

Summary

The document is a North Dakota Supreme Court opinion affirming a divorce judgment involving distribution of a substantial marital estate, spousal support, child support, and attorney’s fees. The court held that the district court’s property distribution and support determinations were not clearly erroneous and that the attorney’s-fee award was not an abuse of discretion. The supplied document title and opening header reference State v. Bentz and 2013 ND 43, but the opinion text identifies the case as Hoverson v. Hoverson, 2013 ND 48.

Holdings

1. The district court's distribution of the marital estate was not clearly erroneous and was affirmed.
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 awarding $3,002 per month in child support, including a $900 upward deviation.
4. The district court did not abuse its discretion in awarding Sandra Hoverson attorney's fees.
5. Sandra Hoverson was not entitled to attorney's fees on appeal because her request was raised for the first time in her reply brief.

Questions Presented

1. Whether the district court clearly erred in distributing the marital estate under the Ruff-Fischer guidelines.
2. Whether the district court clearly erred in awarding Sandra Hoverson $3,000 per month in rehabilitative spousal support for two years rather than permanent support or no support.
3. Whether the district court clearly erred in determining the amount of child support and limiting 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 and costs on appeal when the request was raised for the first time in her reply brief.

Disposition

affirmed