Richter v. Jacobson

Richter v. Jacobson, 553 N.W.2d 792 (N.D. 1996)

[Go to Documents]Filed Oct. 1, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

Daniel P. Richter, Director of Ward County Social Service Board, ex rel., Cindy Lou Christensen, Plaintiff and Appellant
v.
Jeffrey Lee Jacobson, Defendant and Appellee

Civil No. 960077

Appeal from the District Court for Ward County, Northwest Judicial District, the Honorable Wallace D. Berning, Judge.
REVERSED AND REMANDED.
Opinion of the Court by Sandstrom, Justice.
Steven James Simonson, Assistant State's Attorney, and Tina M. Heinrich, Assistant State's Attorney, Courthouse, P.O. Box 2249, Minot, N.D. 58702-2249, for plaintiff and appellant; argued by Steven James Simonson.
Jeffrey Lee Jacobson, pro se, P.O. Box 928, Jamestown, N.D. 58401, defendant and appellee (no appearance).

Richter v. Jacobson
Civil No. 960077

Sandstrom, Justice.

The facts in this case are essentially the same as those in Surerus v. Matuska, 548 N.W.2d 384 (N.D. 1996). In this case, decided before Surerus, the district court declined to impute income to Jeffrey Jacobson as we concluded is required for incarcerated persons under the child support guidelines.

We reverse and remand for the district court to apply to this case the guidelines as explained by Surerus.

Because the appellant included in the appendix material not in the record, we decline to award costs on appeal. See N.D.R.App.P. 30; N.D.R.App.P. 13; see also Schroeder v. Praska, 512 N.W.2d 667, 668 (N.D. 1994) (awarding double costs for a violation of N.D.R.App.P. 30(b)).

Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Herbert L. Meschke
Gerald W. VandeWalle, C.J.