Larson v. Larson

2005 ND 67, 694 N.W.2d 13, 2005 N.D. LEXIS 66, 2005 WL 668394
CourtNorth Dakota Supreme Court
DecidedMarch 23, 2005
Docket20040248
StatusPublished
Cited by12 cases

This text of 2005 ND 67 (Larson v. Larson) 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
Larson v. Larson, 2005 ND 67, 694 N.W.2d 13, 2005 N.D. LEXIS 66, 2005 WL 668394 (N.D. 2005).

Opinions

SANDSTROM, Justice.

[¶ 1] Glenda Larson appeals a district court order denying her motion to amend a divorce judgment between her and Jerry Larson to include college tuition expenses for the couple’s eighteen-year-old daughter. Concluding the district court did not err in holding it may not order post-minority child support for college expenses, we affirm.

I

[¶ 2] Glenda and Jerry Larson were married on May 6, 1978, and divorced on October 29, 1997. The parties had one child, a daughter, from their marriage, who was twelve years old at the time of the divorce. The district court approved the parties’ property settlement agreement and awarded joint legal custody of the child to both parents. Glenda Larson was awarded primary physical care of the child, and Jerry Larson was granted reasonable and liberal visitation. The district court ordered Jerry Larson to pay child support in the amount of $1,297 per month until the child graduated from high school or attained the age of nineteen years, whichever occurred first. The district court stated that either party could request a review of the child support payments.

[¶ 3] On March 8, 2004, Glenda Larson sought a modification of the divorce judgment to require Jerry Larson to pay post-minority child support for as long as their child attends college and graduate school. Their daughter graduated from high school in May 2004. She excelled in both academic and extracurricular activities in high school and wants to continue her edu[15]*15cation at one of eight prestigious colleges. Glenda Larson argues that she cannot pay the high tuition at these colleges and that Jerry Larson should help pay for their daughter’s education. Glenda Larson states that her and her husband’s current combined adjusted gross income for a year is roughly the same as tuition at one of the colleges her daughter wants to attend. Glenda Larson claims Jerry Larson has the financial means to contribute to their daughter’s college expenses. Glenda Larson argues it is a detriment to their daughter that Jerry Larson will not pay for any college expenses, because colleges consider the income of both parents, regardless of marital status, in determining the amount of student aid available to a child attending college. The daughter’s top collegiate choice states in its application material that it expects both natural parents, even when divorced or separated, to provide funds for educational expenses on the basis of each parent’s ability to contribute from income and assets. The college also states that both “natural parents will be expected to submit financial information and to provide assistance for the student’s college expenses commensurate with their ability rather than their willingness to contribute.”

[¶ 4] The district court denied Glenda Larson’s motion to award post-minority child support for her daughter, stating it did not have the authority to amend the 1997 divorce judgment.

[¶ 5] Glenda Larson appeals the district court order, arguing the district court erred in finding it did not have authority to amend the original divorce judgment to require Jerry Larson to pay post-minority child support to their daughter for college expenses.

[¶ 6] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. This Court has jurisdiction under N.D. Const. art. VI, § 6, and N.D.C.C. §§ 28-27-01, 28-27-02. The appeal was timely under N.D.R.App.P. 4(a).

II

[¶ 7] Glenda Larson argues the district court had authority under N.D.C.C. § 14-09-08.2 to award post-minority child support for her daughter’s college education.

[¶ 8] This Court uses the following review for child support determinations:

Child support determinations involve questions of law which are subject to the de novo standard of review, findings of fact which are subject to the clearly erroneous standard of review, and may, in some limited areas, be matters of discretion subject to the abuse of discretion standard of review. A court errs as a matter of law when it fails to comply with the requirements of the Guidelines. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or if, on the entire record, we are left with a definite and firm conviction that a mistake has been made.

Buchholz v. Buchholz, 1999 ND 36, ¶ 11, 590 N.W.2d 215 (citations omitted). “Interpretation of a statute is a question of law, fully reviewable on appeal.” Berg v. Berg, 2000 ND 36, ¶24, 606 N.W.2d 895. “In construing a statute, our duty is to ascertain the Legislature’s intent, which initially must be sought from the statutory language itself, giving it its plain, ordinary, and commonly understood meaning. We construe statutes as a whole and harmonize them to give meaning to related provisions.” Boumont v. Boumont, 2005 ND 20, ¶ 8, 691 N.W.2d 278 (citations omitted).

[16]*16[¶ 9] The North Dakota statute regarding support for children after majority states, in part:

1. A judgment or order requiring the payment of child support until the child attains majority continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first, if:
a. The child is enrolled and attending high school and is eighteen years of age prior to the date the child is expected to be graduated; and
b. The child resides with the person to whom the duty of support is owed.
2. A judgment or order may require payment of child support after majority under substantially the circumstances described in subsection 1.
6. This section does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate.

N.D.C.C. § 14-09-08.2

[¶ 10] Jerry Larson argues the district court cannot award post-minority child support, because the parties waived their right to raise the issue by not including it in their divorce agreement. He argues the issue regarding college expenses was raised by Glenda Larson during the divorce negotiations. He argues that because she raised the issue during negotiations and he rejected it, and because the divorce judgment has no language reserving the issue for future review by the district court, she waived her right to later request child support for college expenses.

[¶ 11] This Court has consistently held that parties may not preclude a child from receiving child support, because the right to the support belongs to the child. Sprynczynatyk v. Celley, 486 N.W.2d 230, 232 (N.D.1992). We have said, “Despite an agreement between the divorcing parents, the best interests of children necessitate that a trial court exercise continuing jurisdiction to modify child support.” Sullivan v. Quist, 506 N.W.2d 394, 397 (N.D.1993) (citations omitted). A strong public policy exists that prohibits parental agreements that prohibit or limit the power of a court to modify future child support. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Willprecht v. Willprecht
2020 ND 77 (North Dakota Supreme Court, 2020)
Warnke v. Warnke
2011 ND 212 (North Dakota Supreme Court, 2011)
Coffman v. State
2011 ND 209 (North Dakota Supreme Court, 2011)
City of Minot v. Boger
2008 ND 7 (North Dakota Supreme Court, 2008)
State v. St. Claire
2008 ND 1 (North Dakota Supreme Court, 2008)
Hentz v. Elma Township Board of Supervisors
2007 ND 19 (North Dakota Supreme Court, 2007)
Corder v. Corder
231 S.W.3d 346 (Court of Appeals of Tennessee, 2006)
Frisk v. Frisk
2006 ND 165 (North Dakota Supreme Court, 2006)
GO Committee Ex Rel. Hale v. City of Minot
2005 ND 136 (North Dakota Supreme Court, 2005)
In Re Estate of Kimbrell
2005 ND 107 (North Dakota Supreme Court, 2005)
Larson v. Larson
2005 ND 67 (North Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2005 ND 67, 694 N.W.2d 13, 2005 N.D. LEXIS 66, 2005 WL 668394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larson-v-larson-nd-2005.