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Lind v. Lind

Supreme Court of North Dakota

April 8, 2014

Christopher Herbert Lind, Plaintiff and Appellant
v.
Karla Lynette Lind, Defendant and Appellee

Page 908

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Lisa Fair McEvers, Judge.

Christopher H. Lind, self-represented, Horace, ND, plaintiff and appellant.

Anna Krystine Schultz (argued) and Robert J. Schultz (on brief), Fargo, ND, for defendant and appellee.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Carol Ronning Kapsner, William A. Herauf, D.J. The Honorable William A. Herauf, D.J., sitting in place of McEvers, J., disqualified.

OPINION

Page 909

VandeWalle, Chief Justice.

[¶1] Christopher Lind appealed from an amended judgment granting his motion to modify child support, denying his motion to modify spousal support, and denying his motion to find Karla Lind, his former wife, in contempt. We conclude the district court did not err in denying Christopher's motion to modify spousal support, did not err in denying his motion to find Karla in contempt, and did not err in refusing to extend Christopher credit toward his support obligations from the sale of a lawn tractor. We affirm.

I

[¶2] Christopher and Karla were divorced in a judgment entered in March 2011, after the parties reached a stipulated settlement. Karla was awarded primary residential responsibility of the parties' two minor children, subject to Christopher's right of parenting time. Christopher was also ordered to pay Karla $2,000 per month for child support and $1,500 per month for spousal support.

[¶3] In March 2012, Christopher filed a motion for post-judgment relief in the district court seeking modification of spousal support and child support, requesting the court to find Karla in contempt for denying access to the two minor children, and seeking to apply the proceeds from a lawn tractor sold by Karla to credit his support obligations. Karla resisted the motion and sought attorney's fees.

[¶4] Following a hearing, a memorandum opinion and order was issued on August 10, 2012. The memorandum opinion and order granted Christopher's request to modify his child support payments, but denied his request to modify the spousal support payments, denied his motion to hold Karla in contempt, and denied his request to have the proceeds of the lawn tractor sale applied to his support obligations. The court granted Karla's motion for attorney's fees. An amended judgment was entered September 5, 2012. A notice of entry of amended judgment and notice of entry of order for attorney's fees were served on September 12, 2012.

[¶5] Christopher filed a motion for reconsideration and a motion for correction on October 10, 2012. The motions were stayed due to Christopher's filing for bankruptcy. Following the bankruptcy proceedings, a hearing was held in June 2013. The district court ...


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