Klebe v. Klebe

Summary

The North Dakota Supreme Court affirmed an amended judgment modifying child support. The court held that the district court could determine child support based on earning capacity rather than earnings history and summarily affirmed that issue. Although the court concluded that the wrong judge ruled on the appellant’s demand for a change of judge, it found the procedural error harmless because the demand was untimely as a matter of law.

Holdings

1. A district court may determine a child-support obligation on the basis of earning capacity rather than earnings history.
2. The presiding judge of the judicial district, rather than the judge sought to be disqualified, must determine the validity and timeliness of a demand for a change of judge.
3. The procedural error was harmless because the demand was untimely as a matter of law and therefore did not affect substantial rights.

Questions Presented

1. Whether the district court could determine the child-support obligation based on earning capacity rather than earnings history.
2. Whether the district court erred by ruling on a demand for a change of judge when the demand should have been decided by the presiding judge of the judicial district.
3. Whether the error in having the wrong judge rule on the demand for a change of judge affected the appellant's substantial rights.

Disposition

affirmed