McClure v. McClure, 20020351.
| Court | United States State Supreme Court of North Dakota |
| Citation | 2003 ND 130,667 N.W.2d 575 |
| Docket Number | No. 20020351.,20020351. |
| Parties | Chris Ann McCLURE, Plaintiff and Appellant, v. Bruce Duane McCLURE, Defendant and Appellee. |
| Decision Date | 20 August 2003 |
667 N.W.2d 575
2003 ND 130
v.
Bruce Duane McCLURE, Defendant and Appellee
No. 20020351.
Supreme Court of North Dakota.
August 20, 2003.
Tina M. Heinrich (argued) and Leah Jo Viste (appeared), Assistant State's Attorneys, Minot, N.D., for plaintiff and appellant.
Bruce Duane McClure, defendant and appellee; no appearance.
NEUMANN, Justice.
[¶ 1] The Minot Regional Child Support Enforcement Unit (the "Unit") appealed an amended order fixing Bruce Duane McClure's child support obligation. We conclude the trial court erred as a
[¶ 2] Chris Ann McClure and Bruce Duane McClure divorced in South Carolina in 1994. Chris was awarded custody of their four children and Bruce was ordered to pay child support of $341 per month. The South Carolina order was registered in North Dakota for enforcement here on November 17, 2000. The notice of registration specified an arrearage of $26,238.
[¶ 3] On August 8, 2002, the Unit moved for an amended order modifying Bruce's child support obligation from $341 per month to $465 per month. At a hearing on September 23, 2002, Bruce testified, among other things: (1) he works about 22.5 hours per week at Miracle Mart for $6.15 per hour; (2) he has "a Bachelor's Degree in Social Behavioral Science and also one in Computer Information Systems;" (3) he worked "in the computer field for 25 years"; (4) he is not disabled; (5) he has no children living with him; and (6) "it is illogical to assess me at an income that I no longer make."
[¶ 4] The Unit introduced Exhibit 3, which showed that Bruce's present income of $6.15 per hour for 22.5 hours per week is a gross income of $7,196 per year, compared to minimum wage of $5.15 per hour, which leads to a gross income of $10,320 per year. Exhibit 3 showed Bruce's highest income in the last 36 months was $19,939 in 2000, which, under the guidelines, required a child support obligation of $465 per month for four children.
[¶ 5] The trial court found, among other things: (1) "Bruce is not employed full-time," (2) Bruce "has not earned at least minimum wage, full-time" in over a year, (3) "Bruce is underemployed," (4) Bruce "does not qualify for any exceptions to the imputation of income," (5) "income must be imputed," and (6) "the calculations in the Minot Regional Child Support Enforcement Unit's Exhibit 3[are] not disputed." The court further found:
13. Since termination from Sykes, Bruce has had a difficult time securing other employment. As...
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...for which reliable evidence is provided."[T]he subdivision resulting in the greatest imputed income must be used." McClure v. McClure , 2003 ND 130, ¶ 8, 667 N.W.2d 575 (quoting Buchholz v. Buchholz , 1999 ND 36, ¶ 14, 590 N.W.2d 215 ). [¶26] Joseph Schrodt's child support obligation was de......
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...however, is premised upon the presumption that "[e]arning capacity is a resource available to an obligor." McClure v. McClure, 2003 ND 130, ¶ 7, 667 N.W.2d 575; Surerus v. Matuska, 548 N.W.2d 384, 386 (N.D. 1996). While parents have a duty to support their children to the best of their abil......
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