Lisa D. Solwey, Plaintiff and Appellee
Thomas J. Solwey, Defendant and Appellant and State of North Dakota, Real Party in Interest
from the District Court of Foster County, Southeast Judicial
District, the Honorable James D. Hovey, Judge. AFFIRMED.
T. Ottmar, Jamestown, ND, for plaintiff and appellee.
Timothy C. Lamb, Grand Forks, ND, for defendant and
VandeWalle, Chief Justice.
1] Thomas J. Solwey (Solwey) appealed from a first amended
judgment awarding split residential responsibility of his and
Lisa D. Solwey /Hilbert's (Hilbert) minor children. We
2] Solwey and Hilbert were married on August 8, 1998 and
divorced on October 9, 2013. Hilbert was awarded primary
residential responsibility of all four children (M.L.S.,
C.T.S., K.E.S., and K.D.S.). Solwey was ordered to pay $1,
247 per month in child support.
3] In August 2015, Solwey moved to modify primary residential
responsibility. Under the heightened standard for such
motions within two years of the previous order, the district
court dismissed the motion without an evidentiary hearing for
lack of prima facie case. See N.D.C.C. §
140906.6(1) and (3). Solwey did not appeal that order.
4] In November 2015, Solwey moved to modify primary
residential responsibility under N.D.C.C. § 140906.6(4)
and (6). The district court again denied for lack of prima
facie case. Solwey appealed to this Court and the district
court order was reversed and remanded with an order for
evidentiary hearing. See Solwey v. Solwey, 2016 ND
246, 888 N.W.2d 756.
5] An evidentiary hearing was held in March 2017. The
district court ruled at the outset of the hearing that only
C.T.S. and K.E.S. (twins) would be considered under the
motion to modify. Solwey argued the family should be treated
as a cohesive unit and therefore K.D.S., the youngest, should
also be considered under the motion to modify. The district
court ruled this Court's mandate for evidentiary hearing
did not apply to K.D.S. The parties mutually agreed M.L.S.,
who is no longer a minor, would not be considered.
6] The first amended judgment was entered in August 2017,
awarding Hilbert primary residential responsibility of M.L.S.
and K.D.S., awarding Solwey primary residential
responsibility of C.T.S., and awarding shared joint equal
residential responsibility of K.E.S. The district court
ordered that Solwey's new child support obligation of
$436 per month commence June 2017.
7] Solwey appealed, but only filed a partial transcript of
the evidentiary hearing. "If an appeal is taken in a
case in which an evidentiary hearing was held, the appellant
must order a transcript of the proceedings... [and] the order
for a transcript... must be filed with the clerk of [the
supreme] court with the notice of appeal." State v.
Cook, 2014 ND 18, ¶ 4, 843 N.W.2d 1 (citing
N.D.R.App.P. 10(b)). This Court has said repeatedly:
"The appellant assumes the consequences and the risk for
the failure to file a complete transcript. If the record on
appeal does not allow for a meaningful and intelligent review
of alleged error, we will decline review of the issue."
Id. (citations omitted).
8] Solwey argues the district court abused its discretion in
setting a commencement date for the new child support order
nearly two years after ...