Andrew M. Bertsch, Plaintiff, Appellant and Cross-Appellee v. Lynell C. Bertsch, Defendant, Appellee and Cross-Appellant

Summary

The North Dakota Supreme Court affirmed the district court's amended divorce judgment modifying visitation and child support, holding the visitation determination was not clearly erroneous and the child support modification and its March 1, 2004 effective date were proper. The court reversed and remanded on Maynor's cross-appeal for reconsideration of her attorney's fees request because the district court's analysis improperly began and ended with Bertsch's good faith in opposing relocation, without balancing the parties' needs and ability to pay. The court also rejected Maynor's argument that Bertsch waived his right to appeal by registering the judgments in Maryland, and remanded for consideration of the child support arrearage calculation.