Summary
The North Dakota Supreme Court affirmed a divorce judgment awarding Kimberly Eggers primary residential responsibility, child support, and rehabilitative spousal support, and permitting relocation of the parties’ children. The court held that under N.D.C.C. § 14-09-07(3)(b), a court order was not required because the noncustodial parent had moved to another state more than 50 miles from the children’s residence, regardless of his intent to establish a permanent residence there. The court also upheld the $600-per-month, seven-year rehabilitative spousal support award.
Topics
Practice areas
Questions Presented
- Whether North Dakota Century Code section 14-09-07(3)(b) required a court order for Kimberly to relocate the children when Timothy had moved to another state and was more than fifty miles from the children's residence.
- Whether the district court was required to apply the Stout-Hawkinson relocation factors.
- Whether the district court erred in awarding Kimberly rehabilitative spousal support.
Holdings
- A court order was not required because Timothy had moved to another state and was more than fifty miles from Kimberly's residence. The statute requires an actual move outside the state, not a change in the parent's legal residence or domicile accompanied by an intent to remain permanently.
- The award of $600 per month in rehabilitative spousal support for seven years was not clearly erroneous.
Key quotations
“The statute does not require a parent change his or her legal residence to eliminate the need for a court order, only that a parent move outside the state to a location more than fifty miles from the parent with primary residential responsibility.” (¶ 10)
“As Timothy Eggers had moved outside of North Dakota, regardless of intent, he has moved within the meaning of N.D.C.C. § 14-09-07(3)(b).” (¶ 11)
Factual background
Timothy and Kimberly Eggers married in 2002 and have three minor children. By agreement, Kimberly became a stay-at-home parent and moved with the children between North Dakota and Ohio, where her parents could provide child-care assistance. During the divorce proceedings, Kimberly sought to move the children from Ohio to North Carolina, while Timothy opposed the move and lived in an apartment in Minnesota. The district court awarded Kimberly primary residential responsibility, child support, and $600 per month in rehabilitative spousal support for seven years to pursue a college degree.
Procedural history
Kimberly Eggers filed for divorce in 2012. Following trial, the District Court of Stutsman County awarded her primary residential responsibility, ordered child support and rehabilitative spousal support, and determined that no court order was required for relocation because Timothy had moved to Minnesota and was more than fifty miles from the children's residence. Timothy appealed, and the North Dakota Supreme Court affirmed.