September 15, 2011
STATE OF NORTH DAKOTA EX REL. I.R.S., MINOR CHILD, BY AND THROUGH MARKITA SCHAFER,
PLAINTIFFS AND APPELLEES
DUANE LANDRUS, JR., DEFENDANT AND APPELLANT
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
N.D. Supreme CourtState ex rel. I.R.S. v. Landrus,
This opinion is subject to petition for rehearing. [Go to Documents]
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2011 ND 173
[¶1] Duane Landrus Jr. appealed from a district court order denying his motion for reconsideration, which is treated on this appeal as a motion for relief from a final judgment under N.D.R.Civ.P. 60(b). Landrus argues the district court miscalculated his child support obligation by failing to use his prior W-2 form and by imputing wages to him as an incarcerated individual with no gross annual income. [¶2] We conclude the district court did not abuse its discretion in denying Landrus's motion. The district court properly applied the child support guidelines in determining the child support Landrus owes to two obligees. Wages were properly imputed to Landrus as an incarcerated individual. See A.M.S. ex rel. Farthing v. Stoppleworth, 2005 ND 64, 694 N.W.2d 8 (holding incarceration does not excuse support obligation and wages may be imputed to an incarcerated individual). We summarily affirm under N.D.R.App.P. 35.1(a)(4).
[¶3] Gerald W. VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner
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