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New opinions: Dec. 1

The Supreme Court has issued two new opinions. 

The summaries are below.

To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.

See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions

State v. McCreary 2021 ND 212 Docket No.: 20210064 Filing Date: 12/1/2021 Case Type: ASSAULT Author: McEvers, Lisa K. Fair

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Quamme v. Quamme 2021 ND 208 Docket No.: 20210093 Filing Date: 12/1/2021 Case Type: DIVORCE/PROPERTY DIV./ALIMONY Author: McEvers, Lisa K. Fair

Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10).

Debt regularly forgiven by an employer from a loan based on an obligor’s employment constitutes gross income under N.D. Admin. Code § 75-02-04.1-01(4)(b) and (5).

For purposes of awarding spousal support, the district court does not need to provide a complete calculation of each parties’ assets, debts, and expenses, but a clear description of the parties’ financial situation is helpful in understanding the court’s rationale. When a court’s rationale is unclear, reversal and remand is appropriate.

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