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Bye v. Robinette

Supreme Court of North Dakota

December 1, 2015

Erek Robert Bye, Plaintiff and Appellee
v.
Amanda Lee Robinette, Defendant and Appellant

As Amended December 22, 2015.

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Wade L. Webb, Judge.

Jessica D. West (argued) and Patti J. Jensen (appeared), East Grand Forks, MN, for plaintiff and appellee.

Amanda L. Robinette (argued), self-represented, Fargo, ND, defendant and appellant.

Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Gerald W. VandeWalle, C.J.

OPINION

Page 433

Carol Ronning Kapsner, Justice.

[¶1] Amanda Robinette appeals from a district court judge's order adopting a referee's order awarding primary residential responsibility of her and Erek Bye's children to Bye and ordering her to pay child support. We affirm the portion of the district court judge's order adopting the referee's primary residential responsibility determination. We reverse the portion of the district court judge's order concerning child support, and we remand the case to the district court with instructions that it calculate child support in a manner consistent with the child support guidelines.

I

[¶2] Bye and Robinette are the parents of twin boys. The couple never married, but they lived together before and after Robinette gave birth. Their relationship deteriorated and Bye sued for custody of the twins. The case was heard before a referee and the referee awarded primary residential responsibility to Bye and ordered Robinette pay child support. Robinette moved for a district court judge to review the referee's order. The district court judge adopted the referee's order. Robinette appeals.

II

[¶3] Robinette argues the district court erred when it awarded Bye primary residential responsibility of the children. Because the primary residential responsibility determination was not clearly erroneous, we summarily affirm the district court's order under N.D.R.App.P. 35.1(a)(2).

III

[¶4] Robinette argues the district court improperly calculated child support. We agree. This Court's standard of review for child support ...


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