Kaspari v. Kaspari
Annotate this CaseThomas Kaspari appealed an amended judgment awarding spousal support to Jean Kaspari entered after the first appeal in this case. The district court ordered Thomas to pay $7,000 per month in spousal support to Jean until he turned 65 years old. Thomas argued the district court erred in the amount of spousal support it awarded, claiming: (1) the court failed to properly consider the distribution of the parties’ assets and debts; (2) the evidence did not support a finding of a need for support; and (3) the court improperly attempted to equalize the parties’ incomes. The North Dakota Supreme Court determined that although the district court made findings about the Ruff-Fischer factors and considered Jean's need for spousal support and Thomas' ability to pay, the court failed to adequately explain its reason for awarding spousal support of $7,000 per month when Jean did not show a need for that amount. "The court was not required to provide a detailed calculation of Jean Kaspari’s need for spousal support, but it was required to make sufficient findings to provide a discernible basis for its decision. Without further explanation from the district court, the amount appears to be arbitrary or an attempt to equalize the parties’ incomes." Accordingly, the Supreme Court reversed the district court’s spousal support decision and remanded for that court to make further findings explaining its decision or to reconsider the amount of support.
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