Dimmler v. Dimmler
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In this divorce case between Stacey Jean Dimmler and Dustin Scott Dimmler, the Supreme Court of North Dakota reviewed several issues. The couple had two children and disputed matters of property division, child support, and primary residential responsibility. Both parties appealed the decision of the District Court. Dustin argued that the court erred in valuing and distributing the marital estate, in determining primary residential responsibility, in calculating child support, and by refusing to remove a parenting investigator. Stacey cross-appealed, arguing that the court erred by not making child support retroactive to the date of the interim order, not awarding her attorney’s fees, and not ordering Dustin to repay her the cost of her parental capacity evaluation.
The supreme court affirmed in part, reversed in part, and remanded. It affirmed the district court's valuation of the Florida property and the parties’ personal property, its decision on primary residential responsibility, its calculation of Dustin's child support payments, its refusal to retroactively award child support to Stacey, and its denial of attorney’s fees or reimbursement of Stacey's fees for a parental capacity evaluation. However, the court found error in the district court's calculation of the farmland's value. The supreme court held that the district court should have included the debt from the life estate in calculating the value of Dustin's remainder interest in the farmland. It remanded the case for further proceedings to properly evaluate the farmland’s value and to equitably divide the marital estate.
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