Interest of T.C.R.

[Go to Documents]Filed Feb. 16, 2005[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2005 ND 28

In the Interest of T.C.R.Williams County Social Service Board, T.C.R. by and through Michon C. Sax as Guardian Ad Litem, and Karen Rosaaen, Plaintiffs and Appellees
v.
Dean A. Kinsey, Defendant and Appellant

No. 20040217

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gerald H. Rustad, Judge.
AFFIRMED.
Per Curiam.
Janet Holter Zander, Zander Law Office, P.C., P.O. Box 2292, Williston, ND 58802-2292, for plaintiffs and appellees; submitted on brief.
Dean A. Kinsey, pro se, 4018 University Avenue, Williston, ND 58801, defendant and appellant; submitted on brief.

Interest of T.C.R.No. 20040217

Per Curiam.

[¶1] Dean Kinsey has appealed from an order modifying an earlier child support order to conform to the child support guidelines. Kinsey moved to modify child support but did not move to change legal custody of the child, and he served the motion only upon the child support enforcement unit. He did not serve the motion upon the child's mother, Karen Rosaaen, who is the custodial parent. Kinsey claims the child has been residing with Kinsey or Kinsey's mother since 2001, and contends the court erred in ordering him to pay child support for periods when he has had de facto custody of the child. Kinsey also claims there were procedural errors in the modification proceedings.

[¶2] We affirm the order modifying child support under N.D.R.App.P. 35.1(a)(4). But see Brakke v. Brakke, 525 N.W.2d 687, 690 (N.D. 1994) (child support arrearages may be modified under certain circumstances by bringing a motion under N.D.R.Civ.P. 60(b) in conjunction with a motion to change custody).

[¶3]Gerald W. VandeWalle, C.J.
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring