Justia Agriculture Law Opinion Summaries

Articles Posted in Family Law
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In a divorce and child support dispute in the State of North Dakota, the Supreme Court of North Dakota affirmed the lower court's judgment, which involved the calculation of the defendant's child support obligation, decisions on evidentiary matters and the awarding of attorney’s fees.Aron Williams and Jennifer Williams, who have two children together, divorced in February 2018. Jennifer Williams was awarded primary residential responsibility of the children, and Aron Williams was ordered to pay child support based on his classification as an experienced farmer with an imputed gross annual income. The case has gone through several rounds of modification and amendment of judgments.In the latest appeal, Aron Williams contested the district court's categorization of him as a "farmer" and its subsequent calculation of his income for child support purposes, arguing that he should be considered a "farm laborer" with a lower income. The Supreme Court of North Dakota found that the district court did not err in classifying Aron Williams as a farmer and imputing the statewide average income of a farmer to him for the purposes of child support.Additionally, Aron Williams argued that the district court erred in its decisions regarding evidentiary matters and the awarding of attorney’s fees to Jennifer Williams. The Supreme Court of North Dakota concluded that the district court did not abuse its discretion in denying Aron Williams’s motion to reopen the record or in awarding attorney’s fees, and therefore affirmed these decisions. View "Williams v. Williams" on Justia Law

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In this case heard by the Supreme Court of the State of South Dakota, Ivan and Donita Weber, who were married for less than four years, sought a divorce. Prior to their marriage, Donita owned significant assets, including a valuable farmland. During their marriage, the couple co-mingled and jointly titled most of their assets, including the farmland. They worked on and made improvements to the farm before selling it and most of the accompanying assets for approximately $2.5 million. Upon divorce, the circuit court treated most of the parties’ property as marital but awarded Donita a much larger share. Ivan appealed, arguing that the circuit court abused its discretion in dividing the marital assets and in failing to award him spousal support.The Supreme Court of the State of South Dakota affirmed the lower court's decision. The court found that the circuit court appropriately considered the relevant factors, including the duration of the marriage, the value of the property owned by the parties, their ages, health, ability to earn a living, the contribution of each party to the accumulation of the property, and the income-producing capacity of the parties’ assets. The court found that the circuit court did not abuse its discretion in dividing the marital property, given the short length of their marriage and the fact that Donita brought in significantly more assets into the marriage than Ivan.Regarding Ivan's argument for spousal support, the court found that Ivan had waived his right to appeal this issue because he failed to present any issue concerning spousal support to the circuit court. Therefore, the court declined to award Ivan any attorney fees and awarded $5,000 in appellate attorney fees to Donita. View "Weber V. Weber" on Justia Law