Hagen v. Horst
Hagen v. Horst
Opinion
[¶1] Charlotte Horst appeals from a judgment establishing primary residential responsibility, child support and parenting time of two children. Horst claims she was denied due process when the district court issued an emergency ex parte custody order and refused to appoint counsel. She also claims imposing child support is unconstitutional, the district court erred in awarding Hagen primary residential responsibility, and the district court erred in ordering supervised parenting time until Horst completes parenting and anger management classes and establishes residential stability. We summarily affirm the district court judgment.
[¶2] Horst argues her constitutional rights were violated when the district court issued an interim custody order and child support obligation. This court reviews a claimed violation of a constitutional right de novo.
Rowley v. Cleaver
,
[¶3] Due process may be satisfied by a later evidentiary hearing.
Jensen v. Deaver
,
[¶4] The district court's denial of court-appointed counsel is reviewed for abuse of discretion.
State v. DuPaul
,
[¶5] Child support determinations involve questions of law which are subject to the de novo standard of review and findings of fact which are subject to the clearly erroneous standard of review.
Minar v. Minar
,
[¶6] This Court reviews district court decisions on primary residential responsibility and parenting time under the clearly erroneous standard.
Rebenitsch v. Rebenitsch
,
[¶7] The district court's judgment is summarily affirmed under N.D.R.App.P. 35.1 (a)(2), (3) and (4).
[¶8] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte
Reference
- Full Case Name
- Matthew HAGEN, Plaintiff and Appellee v. Charlotte HORST, Defendant and Appellant
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- A district court's award of residential responsibility and child support, the implementation of supervised parenting time, and decision to issue an emergency ex parte custody order are summarily affirmed under N.D.R.App.P. 35.1(a) (2), (3) and(4).