[Copyrighted Material Omitted]
from the District Court of McKenzie County, Northwest
Judicial District, the Honorable Robin A. Schmidt, Judge.
J. Corcoran, Williston, ND, for plaintiff and appellee.
Malcolm Pippin, Williston, ND, for defendant and appellant.
Sandstrom, Carol Ronning Kapsner, Lisa Fair McEvers, Gary H.
Lee, Dist. Judge, Gerald W. VandeWalle, C.J. Opinion of the
Court by Sandstrom, Justice. The Honorable Gary H. Lee,
District Judge, sitting in place of Crothers, J.,
[¶1] Patricia Langwald appeals from a
divorce judgment distributing the parties' marital
property and awarding child support. She argues the district
court incorrectly valued and distributed the marital
property. She also argues the district court incorrectly
calculated child support. We affirm the judgment of the
district court regarding the property valuation and
distribution, and reverse and remand for the district court
to properly calculate child support.
[¶2] Nathan and Patricia Langwald were
married in 1994 and have three children. Before their
marriage, he purchased farming property from his parents
through a contract for deed. During their marriage, he worked
on the family farms while she was the primary caregiver for
the children. She was also involved in the farming operations
by assisting with payroll, paying bills, and keeping books
for the business. In 2011, Nathan Langwald was in a
motorcycle accident and suffered a traumatic brain injury
requiring several months in hospitals and rehabilitation
centers. For a period following the accident, he was unable
to farm. Patricia Langwald continued to care for the
children, the rental properties, and the farm and business
operations. She also obtained his power of attorney following
the accident. In 2012, she rented the entirety of the "
contract for deed" farmland for approximately $47,000
per year. In 2013, Nathan Langwald began taking back some of
the farmland to farm himself and cash rented the balance.
[¶3] Patricia Langwald initially sued her
husband for divorce in Montana. Discussion between the
parties led to her dismissing the Montana divorce action
because the bulk of the marital estate was in North Dakota.
He then sued her for divorce in North Dakota. At the 2015
trial, Nathan Langwald called Justin Jones as an expert
witness to testify to the value of the parties' real
property. Betty McGuire was Patricia Langwald's expert
witness to the same. After trial, the district court awarded
$1,231,919.51 in marital assets to him and $776,429.47 in
marital assets to her and ordered him to pay $100,000 in
equalization payments. The court gave her primary residential
responsibility of the three children of the marriage and
ordered him to pay child support.
[¶4] The district court had jurisdiction
under N.D. Const. art. VI, § 8, and N.D.C.C. §
27-05-06. The appeal is timely under N.D.R.App.P. 4(a). This
Court has jurisdiction under N.D. Const. art. VI, § 6,
and N.D.C.C. § 28-27-01.
[¶5] Patricia Langwald argues the district
court's property valuation was clearly erroneous. She
argues the ...