When this Court denies a petition to review a court of appeals decision, the decision becomes final. Interest of S.J.F., 2000 ND 158, ¶ 17, 615 N.W.2d 533. "Once an appellate court has finally determined a legal question and remanded the case for further proceedings, its decision becomes the law of the case and will not be differently determined on a subsequent appeal in the same case." Id.
Lukenbill v. Fettig, 2001 ND 47, ¶ 9, 623 N.W.2d 7 (quoting Buchholz v. Buchholz, 1999 ND 36, ¶¶ 11, 12, 590 N.W.2d 215). "The determination of back child support under N.D.C.C. § 14-17-14(4) lies within the trial court's discretion, and its decision will be reversed on appeal only if the court abused its discretion." Lukenbill, at ¶ 6 (quoting In re S.J.F., 2000 ND 158, ¶ 22, 615 N.W.2d 533). "A district court abuses its discretion if it acts arbitrarily, capriciously, or unreasonably." Lukenbill, at ¶ 6 (citing Christl v. Swanson, 2000 ND 74, ¶ 7, 609 N.W.2d 70).
A. [¶ 5] Interpretation of a divorce judgment is a question of law that is fully reviewable on appeal. Logan v. Bush, 2000 ND 203, ¶ 30, 621 N.W.2d 314; In re S.J.F., 2000 ND 158, ¶ 14, 615 N.W.2d 533; Jorgenson v. Ratajczak, 1999 ND 65, ¶ 13, 592 N.W.2d 527. In this case, the divorce judgment states the following regarding child custody:
Schneider v. Schaaf, 1999 ND 235, ¶ 12, 603 N.W.2d 869. A trial court abuses its discretion only when it acts in an arbitrary, unreasonable, or unconscionable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination. Inre S.J.F., 2000 ND 158, ¶ 22, 615 N.W.2d 533. A
[¶ 20] Whether a change of venue is required to obtain a fair and impartial trial is a question of fact, and we will not overturn a trial court's decision granting or denying a motion for change of venue unless the court abused its discretion. Eckman v. Stutsman County, 1999 ND 151, ¶ 7, 598 N.W.2d 494. A trial court abuses its discretion when it acts in an arbitrary, unreasonable, or unconscionable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination.In re S.J.F., 2000 ND 158, ¶ 22, 615 N.W.2d 533. [¶ 21] The only evidence presented in support of the motion were exhibits Bartusch submitted for the 1997 and 1998 tax levies for Ramsey County showing 1.5 mills is assessed annually for the county library.
"The determination of back child support under N.D.C.C. § 14-17-14(4) lies within the trial court's discretion, and its decision will be reversed on appeal only if the court abused its discretion." In re S.J.F., 2000 ND 158, ¶ 22, 615 N.W.2d 533. A district court abuses its discretion if it acts arbitrarily, capriciously, or unreasonably.
A trial court abuses its discretion only when it acts in an arbitrary, unreasonable, or unconscionable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination. In re S.J.F., 2000 ND 158, ¶ 22, 615 N.W.2d 533. [¶ 6] The trial court did not abuse its discretion in this case.
[¶ 30] Interpretation of a judgment is a question of law, which is fully reviewable on appeal. In re S. J. F., 2000 ND 158, ¶ 14, 615 N.W.2d 533; Jorgenson v. Ratajczak, 1999 ND 65, ¶ 13, 592 N.W.2d 527. We interpret this judgment to entitle Logan to exercise summer visitation exceeding sixty days.
Moreover, if Kristy had established Joseph's child support obligation established when Dylan was born in 1997, Joseph's child support obligation would have likely been higher because his income was higher. See Dep't of Human Servs. v. Bell, 711 A.2d 1292, 1295 (Me. 1998) (stating laches did not apply in child support recovery action because "had the Department brought the action earlier, Bell's total obligation would have exceeded that which he owes in the present circumstances"); In re S.J.F., 615 N.W.2d 533, 538 (N.D. 2000) (stating benefit of delay inured to the benefit of the obligor because he did not have to pay child support during the period of the delay). In sum, Joseph has failed to show prejudice by clear and convincing evidence, and he cannot avail himself of the defense of laches.