eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 North Dakota Supreme Court
 2010-11

Nelson v. Nelson , 2010 ND 206 ( 2010 )


Menu:

  • Filed 11/9/10 by Clerk of Supreme Court

    IN THE SUPREME COURT

    STATE OF NORTH DAKOTA

      

      

      

    2010 ND 203

      

      

      

    David Kidwell, Petitioner and Appellant

      

    v.

      

    McLean County Social Services Board

    as Assignee for Charlene Kidwell, Respondent and Appellee

      

      

    No. 20100168

      

      

      

    Appeal from the District Court of McLean County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

      

    AFFIRMED.

      

    Per Curiam.

      

    David Kidwell (on brief), self-represented, P.O. Box 1000, Leavenworth, KS 66048, petitioner and appellee.

      

    Sheila K. Keller (on brief), Child Support Enforcement, 316 North 5th Street, Suite 300, P.O. Box 7310, Bismarck, ND 58507-7310, for respondent and appellant.

    Kidwell v. McLean County

    No. 20100168

      

    Per Curiam.

    [¶1] David Kidwell appeals the district court’s order denying modification of his child support obligation.  Kidwell argues his incarceration is a material change in circumstances, federal law is violated by imputing the federal minimum wage to him and his equal protection rights are violated by enforcing the child support obligation.  We summarily affirm under N.D.R.App.P. 35.1(a)(7).   See Ramsey County Soc. Serv. Bd. v. Kamara , 2002 ND 192, ¶ 12, 653 N.W.2d 693 (holding no change in circumstances existed when a parent was incarcerated at the time the first order was entered and when filing for a modification); In re R.H. , 2004 ND 170, ¶ 10, 686 N.W.2d 107, cert. denied , 543 U.S. 1166 (2005) (holding because the North Dakota Child Support Guidelines provide a rebuttable presumption, not a mandatory presumption, they do not violate federal law ); State v. Demarais , 2009 ND 143, ¶ 18, 770 N.W.2d 246 (“We have repeatedly cautioned [that] a party making a constitutional claim must provide persuasive authority and reasoning, and without supportive reasoning or citations to relevant authorities an argument is without merit.”) (quoting Olson v. Workforce Safety & Ins. , 2008 ND 59, ¶ 26, 747 N.W.2d 71).

    [¶2] Gerald W. VandeWalle, C.J.

    Daniel J. Crothers

    Mary Muehlen Maring

    Carol Ronning Kapsner

    Dale V. Sandstrom