Link: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/
Summary: The parties to the case, Becker v. Becker, 2011 ND 107; 799 N.W.2d 53 received a divorce after 20 years of marriage. The ex-wife was diagnosed with ADHD and depression, which affected her return to her job as a speech pathologist. The ex-husband was bringing in a constant income. It had been years since the wife had not worked and she did not believe she would be able to ever return.
The couple went to the district court to dissolve their marriage and the judgment of the court was to award the ex-wife permanent spousal support and establish her child support obligation. The district court looked at N.D.C.C. §14-05-24.1 to help determine that the ex-wife was eligible to receive permanent spousal support. The ex-husband appealed this decision because he did not believe that he had an obligation to support his ex-wife.
The case then went to the State Supreme Court. The justices looked at the evidence about the ex-wife’s earning ability and whether or not she had a medical condition that was affecting her ability to return to work. The ex-husband stated that the judgment of the district court to award the ex-wife permanent spousal support was erroneous. The State Supreme Court however stated that based on how the district court came about to their decision was not flawed. The State Supreme Court affirmed the spousal support, revered the child support obligation and remanded the case to recalculate the ex-wife’s child support obligation.
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