Deyle v. Deyle

825 N.W.2d 245 (2012)

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Nature of the Case

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Facts

H and W were married and have two children. They separated in June 2010 when H left the marital home and moved into an apartment. W and the children remained in the marital home in Milnor, North Dakota until December 2011 when a foreclosure action was commenced after H ceased making mortgage payments. W and the children moved in with W's parents in Milnor. W was the primary caretaker of the children throughout the parties' separation. W commenced a divorce action and sought primary residential responsibility, spousal support, and child support. The court awarded H primary residential responsibility and granted W parenting time. The district court did not award interim child support to W. A court must consider all of the relevant factors under N.D.C.C. § 14-09-06.2(1). The district court found factors (c), (d), (h) and (m) favored H. Factor (b) favored W. Factors (e) and (g) favored neither party, and factors (i), (j), (k) and (l) were irrelevant. W appealed.