Lucier v. Lucier

3 Citing cases

  1. Varty v. Varty

    2019 N.D. 49 (N.D. 2019)   Cited 3 times

    Krueger v. Krueger , 2008 ND 90, ¶ 8, 748 N.W.2d 671. "Spousal support awards must also be made in consideration of the needs of the spouse seeking support and of the supporting spouse’s needs and ability to pay." Overland v. Overland , 2008 ND 6, ¶ 16, 744 N.W.2d 67 ; see also Lee v. Lee , 2007 ND 147, ¶¶ 15-16, 738 N.W.2d 479 (applying Ruff-Fischer guidelines in proceeding to modify spousal support obligation); Lucier v. Lucier , 2007 ND 3, ¶ 17, 725 N.W.2d 899 ("In determining a modified support obligation, the court must evaluate the obligor’s current ability to pay along with the recipient’s current need for support and award support in an amount that is adequately proportional to the reduction in the obligor’s income, taking into consideration the recipient’s need for support."). [¶15] The Ruff-Fischer guidelines include the following considerations:

  2. Leverson v. Leverson

    2011 N.D. 158 (N.D. 2011)   Cited 6 times

    See, e.g., Praus v. Praus, 2010 ND 156, ¶¶ 8–16, 786 N.W.2d 697. “We encourage agreements between divorcing parties and have recognized that stipulated spousal support awards should be changed only with great reluctance.” Lucier v. Lucier, 2007 ND 3, ¶ 15, 725 N.W.2d 899. Various considerations are involved in negotiating the terms of a settlement agreement in a divorce action. There are tax consequences in spousal support, see Orgaard v. Orgaard, 1997 ND 34, ¶ 8, 559 N.W.2d 546, as well as in property distribution.

  3. Ebach v. Ebach

    757 N.W.2d 34 (N.D. 2008)   Cited 7 times
    In Ebach, the husband was ordered to provide his ex-wife with spousal support and the district court, acknowledging the husband's approaching retirement, indicated such retirement would constitute a material change of circumstances allowing review of the support obligation at that time.

    Id. A change contemplated at the time of the initial decree or at the time of a prior modification is not a material change in circumstances. See Lucier v. Lucier, 2007 ND 3, ¶ 7, 725 N.W.2d 899; Rothberg, 2006 ND 65, ¶ 11, 711 N.W.2d 219. In this case, however, some confusion exists about the time period that must be considered to determine whether there has been a change in circumstances.