16 North Dakota opinions name it 1 courts 2000–2023 3 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gooss v. Goossgreen2 sentences2023“The failure to properly apply the child support guidelines to the facts involves an error of law.” Id. (quoting Gooss v. Gooss, 2020 ND 233, ¶ 15 , 951 N.W.2d 247 ). [¶9] The district court must clearly explain how it arrived at the amount of income and level of child support ordered. 2023“The failure to properly apply the child support guidelines to the facts involves an error of law.” Id. (quoting Gooss v. Gooss, 2020 ND 233, ¶ 15 , 951 N.W.2d 247 ). [¶9] The district court must clearly explain how it arrived at the amount of income and level of child support ordered. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re NCC
green
2 sentences2010“The failure to properly apply the child support guidelines to the facts involves an error of law.” Korynta v. Korynta , 2006 ND 17, ¶ 18 , 708 N.W.2d 895 (quoting In re N.C.C. , 2000 ND 129, ¶ 12 , 612 N.W.2d 561 ). [¶37] The child support guidelines provide scheduled amounts of support based upon an obligor’s net income. 2010“The failure to properly apply the child support guidelines to the facts involves an error of law.” Korynta v. Korynta , 2006 ND 17, ¶ 18 , 708 N.W.2d 895 (quoting In re N.C.C. , 2000 ND 129, ¶ 12 , 612 N.W.2d 561 ). [¶37] The child support guidelines provide scheduled amounts of support based upon an obligor’s net income. | 5 | 2006–2010 |
Korynta v. Korynta
green
2 sentences2015“The failure to properly apply the child support guidelines to the facts involves an error of law.” Korynta v. Korynta, 2006 ND 17, ¶ 18 , 708 N.W.2d 895 . 2015“The failure to properly apply the child support guidelines to the facts involves an error of law.” Korynta v. Korynta, 2006 ND 17, ¶ 18 , 708 N.W.2d 895 . | 4 | 2009–2015 |
State Ex Rel. K.B. v. Bauer
neutral
2 sentences2011K.B. v. Bauer, 2009 ND 45, ¶ 8 , 763 N.W.2d 462 ). “ ‘The failure to properly apply the child support guidelines to the facts involves an error of law.’ ” Heinle, at ¶ 36 (quoting Bauer , at ¶ 8). [¶ 13] The child support guidelines require the support order “include a statement of the net income of the obligor used to determine the child support obligation, and how that net income was determined.” N.D. 2011K.B. v. Bauer, 2009 ND 45, ¶ 8 , 763 N.W.2d 462 ). “ ‘The failure to properly apply the child support guidelines to the facts involves an error of law.’ ” Heinle, at ¶ 36 (quoting Bauer , at ¶ 8). [¶ 13] The child support guidelines require the support order “include a statement of the net income of the obligor used to determine the child support obligation, and how that net income was determined.” N.D. | 3 | 2011–2022 |
Nelson v. State
green
2 sentences2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac 2012“The failure to properly apply the child support guidelines to the facts involves an error of law.” Id. (quotations omitted). | 3 | 2012–2016 |
Hagel v. Hagel
green
2 sentences2015When a matter lies within the district court’s discretion, “[a] court abuses its discretion when it acts in an arbitrary, unreasonable, or unconscionable manner, its decision is not the product of a rational mental process leading to a reasoned decision, or it misinterprets or misapplies the law.” Hagel v. Hagel, 2006 ND 181, ¶ 9 , 721 N.W.2d 1 . [IT 27] The district court awarded the parties equal residential responsibility of their two children. 2015When a matter lies within the district court’s discretion, “[a] court abuses its discretion when it acts in an arbitrary, unreasonable, or unconscionable manner, its decision is not the product of a rational mental process leading to a reasoned decision, or it misinterprets or misapplies the law.” Hagel v. Hagel, 2006 ND 181, ¶ 9 , 721 N.W.2d 1 . [IT 27] The district court awarded the parties equal residential responsibility of their two children. | 2 | 2009–2015 |
Richter v. Houser
green
2 sentences2000Richter v. Houser, 1999 ND 147, ¶ 3 , 598 N.W.2d 193 . 2000Richter v. Houser, 1999 ND 147, ¶ 3 , 598 N.W.2d 193 . | 2 | 2000–2000 |
Richter v. Houser
green
2 sentences2000Richter v. Houser, 1999 ND 147, ¶ 3 , 598 N.W.2d 193 . 2000Richter v. Houser, 1999 ND 147, ¶ 3 , 598 N.W.2d 193 . | 2 | 2000–2000 |
Quamme v. Quamme
green
1 sentence2023Quamme I, 2021 ND 208, ¶ 5 . | 1 | 2023–2023 |
Gerving v. Gerving
green
1 sentence2023“The failure to properly apply the child support guidelines to the facts involves an error of law.” Id. (quoting Gooss v. Gooss, 2020 ND 233, ¶ 15 , 951 N.W.2d 247 ). [¶9] The district court must clearly explain how it arrived at the amount of income and level of child support ordered. | 1 | 2023–2023 |
Heinle v. Heinle
green
1 sentence2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Buchholz v. Buchholz
green
2 sentences2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac 2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Keita v. Keita
green
1 sentence2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Heinle v. Heinle
green
1 sentence2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Becker v. Becker
green
1 sentence2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Keita v. Keita
green
1 sentence2016V [¶ 16] The State and Strating argue the district court erred in its child support calculation. “‘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.’ ” Keita v. Keita, 2012 ND 234, ¶ 15 , 823 N.W.2d 726 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶ 11 , 590 N.W.2d 215 ). [¶ 17] “ ‘The failure to properly -apply the child support guidelines to the fac | 1 | 2016–2016 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.