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Eggers v. Eggers

Supreme Court of North Dakota

March 24, 2015

Kimberly Jean Eggers, Plaintiff and Appellee
v.
Timothy John Eggers, Defendant and Appellant

Page 825

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Thomas E. Merrick, Judge.

Lawrence P. Kropp, Jamestown, ND, for plaintiff and appellee; submitted on brief.

Joanne H. Ottmar, Jamestown, ND, for defendant and appellant; submitted on brief.

Gerald W. VandeWalle, C.J. Dale V. Sandstrom. Daniel J. Crothers. Lisa Fair McEvers. Carol Ronning Kapsner. Opinion of the Court by VandeWalle, Chief Justice.

OPINION

Page 826

VandeWalle, Chief Justice.

[¶1] Timothy Eggers appealed a divorce judgment awarding spousal support and primary residential responsibility to Kimberly Eggers, establishing child support, and permitting the move of the parties' children from Ohio to North Carolina. We affirm.

I

[¶2] Timothy Eggers and Kimberly Eggers were married in 2002 and were residents of North Dakota. They have three minor children. Kimberly Eggers filed for divorce in 2012. She received education and training as a cosmetologist, and worked in that profession until 2008, after which both parties agreed she would be a stay-at-home mother to their three children. She does not plan to return to work as a cosmetologist due to the cost of retraining/certification and a sensitivity to chemicals used in that profession. She expressed interest in seeking a college degree in American Sign Language.

[¶3] From 1998 until 2013, Timothy Eggers worked for Dakota Central Telecommunications installing phone, cable, and line services for homes and businesses. He now works for Pinnacle West in Fargo, North Dakota. Kimberly Eggers's annual income when working was considerably less than his income.

[¶4] In 2009, both parties agreed to allow Kimberly Eggers to relocate their children from North Dakota to Ohio where her parents lived and could assist in child care. Over the next three years, she and the children would return to North Dakota and move back to Ohio several times. After filing for divorce, she requested and received consent from Timothy Eggers to move the children to Ohio. His understanding was the move would only last until the divorce was finalized. In 2013, the parties' home in Jamestown was sold and Timothy Eggers moved into an apartment in Minnesota with the intent of obtaining an apartment in North Dakota after the divorce. Kimberly Eggers, in her parenting plan, requested changing the children's residence from Ohio to North Carolina due to the planned move of her father. Timothy Eggers testified he had revoked his consent to the Ohio move and opposed the move to North Carolina.

[¶5] The district court awarded Kimberly Eggers primary residential responsibility of the children, ordered child support, and ordered spousal support to be used toward receiving a college degree. The district court declined to issue an order to change residence because Timothy Eggers lived outside of North Dakota and was not entitled to an order. On appeal, Timothy Eggers argues the district court erred in determining no court order was necessary to move the minor children to ...


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