Boldt v. Boldt

• Decision Date: 26 November 2021
• Docket Number: No. 20210101,20210101
• Parties: Heidi BOLDT, Plaintiff, Appellee, and Cross-Appellant v. Cliff J. BOLDT, Defendant, Appellant, and Cross-Appellee
• Court: North Dakota Supreme Court

966 N.W.2d 897

Heidi BOLDT, Plaintiff, Appellee, and Cross-Appellant

v.Cliff J. BOLDT, Defendant, Appellant, and Cross-Appellee

No. 20210101

Supreme Court of North Dakota.

FILED NOVEMBER 26, 2021

David M. Knoll, Bismarck, ND, for plaintiff, appellee, and cross-appellant.

Micheal A. Mulloy (argued) and Aaron D. Pulanco (appeared), Bismarck, ND, for defendant, appellant, and cross-appellee.

McEvers, Justice.

[¶1] Cliff Boldt appeals from a divorce judgment. He asserts the district court erred when it awarded Heidi Boldt primary residential responsibility of the parties’ minor children. He argues the court's analysis of the best interest factors is inadequate and the evidence does not support its decision. Heidi Boldt cross appeals. She asserts the court erred when it calculated child support. She argues the court improperly allowed Cliff Boldt to deduct amounts he pays her for the children's health insurance premiums from his gross income. We affirm.

I

[¶2] The parties were married in 2000. They have four children. Two of the children are minors. They were eleven and nine years old at the time of these proceedings. In 2019, Heidi Boldt left the marital home located near Carson and filed for a divorce. She and the children moved to Flasher, where she works at a credit union and the children attend school. The parties entered into a partial settlement agreement concerning the marital property, debts, spousal support, and attorney fees. They agreed to sell the marital home and that Cliff Boldt would reside there until it sold. They reserved the issues of parental rights, residential responsibility of the children, and child support for trial. At trial, Cliff Boldt testified he was planning on purchasing a different residence further away from Flasher, but his plans were contingent on the sale of the marital home. At the conclusion of the trial, the court indicated it would permit Cliff Boldt to supplement the record concerning his living arrangements "if the circumstances change before the opinion comes out."

[¶3] The court entered an order awarding Heidi Boldt primary residential responsibility. The court noted Cliff Boldt's proposed parenting plan, which was for shared residential responsibility on a weekly rotation, would require the children to "make significant change in their schedule each week" given the travel time, via bus, from Cliff Boldt's residence to their school in Flasher. The court concluded making "such an adjustment on a week-to-week basis" would not be in the children's best interests. The court ordered both parties to split the cost of the children's health insurance, and it calculated child support.

[¶4] The parties prepared proposed findings of fact, conclusions of law, and judgments. Cliff Boldt filed an objection to Heidi Boldt's proposed documents. He advised the court his "plans of moving to the residence he testified to at trial will not occur because the parties have received no offers on the sale of the marital home." He asserted there was no evidence to support the court's finding concerning the time it would take the children to ride the bus to school. He also argued he should be entitled to a deduction from his income for purposes of child support for the children's health insurance premium payments under N.D. Admin. Code § 75-02-04.1-01(6)(d). His objection was accompanied with a request for an evidentiary hearing regarding his living arrangements and "to clarify the time in which the minor children ride the bus to school each day."

[¶5] The district court held a hearing on Cliff Boldt's objection. The court explained it would not take any additional evidence, but the court allowed Cliff Boldt to make an offer of proof, which included evidence that the bus ride from his home is generally forty minutes one way, as opposed to the "roughly two hours on a bus each day" the court described in its order. Cliff Boldt also asserted he would have presented evidence proving he would be available to transport the children to school himself. The district court denied Cliff Boldt's request to revisit its primary residential responsibility decision. The court granted Cliff Boldt's request to revise its child support calculation and held he was entitled to deduct amounts he reimbursed Heidi Boldt for the children's health insurance premiums from his gross income. Judgment was entered accordingly.

II

[¶6] Cliff Boldt argues the district court erred when it awarded Heidi Boldt primary residential responsibility. He claims the court did not sufficiently analyze the best interest factors and the evidence does not support the court's decision.

[¶7] The district court must award primary residential responsibility to the parent who will promote the welfare and best interests of the child. State v. P.K. , 2020 ND 235, ¶ 14, 951 N.W.2d 254. The court must consider the thirteen best interest factors set out at N.D.C.C. § 14-09-06.2(1) when making its determination, which are:

a. The love, affection, and other emotional ties existing between the parents and child and the ability of each parent to provide the child with nurture, love, affection, and guidance.

b. The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.

c. The child's developmental needs and the ability of each parent to meet those needs, both in the present and in the future.

d. The sufficiency and stability of each parent's home environment, the impact of extended family, the length of time the child has lived in each parent's home, and the desirability of maintaining continuity in the child's home and community.

e. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

f. The moral fitness of the parents, as that fitness impacts the child.

g. The mental and physical health of the parents, as that health impacts the child.

h. The home, school, and community records of the child and the potential effect of any change.

i. If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child. The court also shall give due consideration to other factors that may have affected the child's preference, including whether the child's preference was based on undesirable or improper influences.

j. Evidence of domestic violence ....

k. The interaction and inter-relationship, or the potential for interaction and inter-relationship, of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child's best interests. The court shall consider that person's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault, on other persons.

l. The making of false allegations not made in good faith, by one parent against the other, of harm to a child.

m. Any other factors considered by the court to be relevant to a particular parental rights and responsibilities dispute.

[¶8] A decision on primary residential responsibility is a finding of fact reviewed under the clearly erroneous standard of review. Vetter v. Vetter , 2020 ND 40, ¶ 8, 938 N.W.2d 417.

"A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence supports it, or if this Court, on the entire record, is left with a definite and firm conviction a mistake has been made." [ Zuo v. Wang , 2019 ND 211, ¶ 11, 932 N.W.2d 360.] "Under the clearly erroneous standard, we do not reweigh the evidence nor reassess the credibility of witnesses, and we will not retry a custody case or substitute our judgment for a district court's initial primary residential responsibility decision merely because we might have reached a different result." Mowan v. Berg , 2015 ND 95, ¶ 5, 862 N.W.2d 523 (quoting Wolt v. Wolt , 2010 ND 26, ¶ 7, 778 N.W.2d 786 ).

Id.

A

[¶9] Cliff Boldt claims the district court did not sufficiently analyze the best interest factors. He requests we remand the case for the court to make additional findings.

[¶10] We have articulated the requisite specificity for findings of fact supporting primary residential responsibility determinations:

[A] district court need not make separate findings for each best interest factor or consider irrelevant factors, and a court's findings regarding one best interest factor may be applicable to other factors. However, the court's findings must contain sufficient specificity to show the factual basis for the primary residential responsibility decision. A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review.

Topolski v. Topolski , 2014 ND 68, ¶ 7, 844 N.W.2d 875 (cleaned up). Rule 52, N.D.R.Civ.P., also requires the court to "find the facts specially and state its conclusions of law separately."

[¶11] Cliff Boldt argues the district court erred because it did not specifically analyze the best interest factors. The district court found "it is clear that both parties are good parents and have love and affection for the children." The court also found Heidi Boldt has been the children's primary caregiver. The court rejected Cliff Boldt's request for equal parenting time on a weekly rotating basis. The court noted the children would be minutes away from school one week while they resided in Flasher with Heidi Boldt, and then the next week, when they resided with Cliff Boldt at his rural residence near Carson, they would have to spend roughly two hours a day on a bus riding to school. At trial the court explained: "changing households every week even if you are in the same town or just a few miles apart is one thing, but to kind of change your whole schedule every week is another. So that's what I'm looking at.... [I]t...