Cline v. Cline

2007 ND 85, 732 N.W.2d 385, 2007 N.D. LEXIS 87, 2007 WL 1633273
CourtNorth Dakota Supreme Court
DecidedJune 7, 2007
Docket20060249
StatusPublished
Cited by5 cases

This text of 2007 ND 85 (Cline v. Cline) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cline v. Cline, 2007 ND 85, 732 N.W.2d 385, 2007 N.D. LEXIS 87, 2007 WL 1633273 (N.D. 2007).

Opinion

KAPSNER, Justice.

[¶ 1] The Minot Regional Child Support Enforcement Unit (“Unit”) appealed from the July 28, 2006 Second Amended Judgment of the district court setting David Cline’s child support. We hold the district court erred as a matter of law in failing to compute the child support obligation in accordance with the child support guidelines. We reverse and remand for redetermination of child support in accordance with the guidelines.

I

[¶ 2] David and Sharon Cline were divorced in 1997. Sharon Cline received custody of the parties’ two minor children, and David Cline was ordered to pay child support. The court calculated the presumptively correct amount of child support under the child support guidelines and adjusted the obligation, taking into consideration David Cline’s extended visitation with the children and his travel costs. The court deviated from the calculated guideline amount by giving David Cline a two-month credit against his annual support obligation and prorating the amount over twelve months, resulting in a $534 monthly support payment.

[¶ 3] In 2002, Sharon Cline requested permission to relocate with the children to Iowa. Upon stipulation of the parties, Sharon Cline was allowed to move with the children to Iowa, David Cline’s child support obligation was increased to $602 per month due to an increase in his net month *387 ly income, and David Cline continued to receive a two-month credit annually on his child support, in consideration of his extended visitation and travel expenditures. An amended judgment was entered incorporating the provisions of the parties’ stipulation.

[¶ 4] In 2006, Sharon Cline requested the Unit to conduct a review of David Cline’s child support obligation. After conducting a review, the Unit filed a motion for an increase in child support based upon changes in David Cline’s income. Sharon Cline was given notice of the motion but did not file an appearance. The Unit and David Cline stipulated that David Cline’s net income is $3,234 per month and the presumptively correct child support amount under the guidelines, without deviation for extended visitation or travel expenses, would be $920 per month for the two children. The Unit asserted that any deviation from this guideline amount for extended visitation and travel expenses must be calculated under the relevant guideline provisions. David Cline asserted that he should be allowed to continue to receive a two-month credit against his obligation in accordance with the parties’ prior stipulation.

[¶ 5] The district court concluded David Cline should continue to receive a two-month credit against his support obligation and, at the hearing, explained its reasoning:

[I]n terms of paragraph four of the stipulation, it says: In calculating David’s child support obligation, a downward deviation from the North Dakota child support guidelines is warranted. David shall be given credit of two months during the year to take into consideration the transportation expenses he will bear and the time that he will have the children with him.
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I’m going to treat this as the law of the case in terms of what went on. I think that it was based upon a stipulation by the parties in 2002.
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[T]he two-month credit was arrived at for those increased expenses that would have been incurred upon [David Cline] for [Sharon Cline’s] ability to move to Iowa....
With that, taking that into account, I’m going to agree that the two-month credit should continue.

Continuing David Cline’s two-month credit against his annual support obligation and prorating the amount over 12 months, the district court awarded child support of $766 per month for two children and, upon the elder child’s graduation from high school, $503 per month for one child.

II

[¶ 6] On appeal, the Unit asserts the district court erred in failing to comply with the child support guidelines, N.D. Admin. Code ch. 75-02-04.1, in computing David Cline’s support obligation. Child support determinations involve questions of law which are subject to a de novo standard of review, findings of fact which are subject to a clearly erroneous standard of review, and may, in some limited areas, be matters of discretion subject to an abuse-of-discretion standard of review. Berge v. Berge, 2006 ND 46, ¶ 7, 710 N.W.2d 417. A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining an obligor’s child support obligation. Heinz v. Heinz, 2001 ND 147, ¶ 16, 632 N.W.2d 443.

[¶ 7] The child support guidelines were adopted in response to the legislature’s desire for greater specificity and uniformity in the determination and en *388 forcement of child support obligations. Logan v. Bush, 2000 ND 203, ¶ 31, 621 N.W.2d 314. Based upon an overriding need for adequate support and maintenance of minor children, a stipulation by the parents prohibiting or limiting the power of the court to modify future child support is deemed contrary to public policy and is invalid. See Zarrett v. Zarrett, 1998 ND 49, ¶ 10, 574 N.W.2d 855. Likewise, a stipulation which results in a child support obligation less than that required by the child support guidelines violates public policy and will not be enforced. Olson v. Olson, 2002 ND 30, ¶ 12, 639 N.W.2d 701.

[¶ 8] The district court has continuing power to modify an earlier child support order, and the court cannot apply principles of the law of the case or res judicata to order a reduced support obligation which does not comply with the child support guidelines. Zarrett, 1998 ND 49, ¶¶ 6-8, 574 N.W.2d 855. We conclude the district court erred as a matter of law in failing to compute David Cline’s support obligation in accordance with the guidelines.

Ill

[¶ 9] The child support guidelines include specific provisions governing calculation of child support deviations for extended visitation and travel expenses related to exercise of visitation. The 1999 Legislative Assembly amended the statutory authority for the child support guidelines to require that the guidelines “[i]n-clude consideration of extended periods of time a minor child spends with the child’s obligor parent.” N.D.C.C. § 14-09-09.7(l)(e); Logan v. Bush, 2000 ND 203, ¶ 24, 621 N.W.2d 314. Under N.D. Admin. Code § 75-02-04.1-08.1, the district court must adjust child support if the obli-gor is awarded “extended visitation” which is defined as “visitation between an obligor and a child living with an obligee scheduled by court order to exceed sixty of ninety consecutive nights or an annual total of one hundred sixty-four nights.” This guideline includes a complex formula for determining the amount of deviation from the presumptive child support, dependent upon the length of visitation scheduled in the court order. N.D. Admin. Code § 75-02-04.1-08.1(2). When an obligor has been awarded extended visitation, as defined under the guidelines, the district court must adjust the amount of child support to reflect that visitation in accordance with the guideline formula. Shaw v.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 ND 85, 732 N.W.2d 385, 2007 N.D. LEXIS 87, 2007 WL 1633273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-cline-nd-2007.