¶1Filed 9/15/11 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11State of North Dakota ex rel.
¶12I.R.S., minor child, by and
¶13through Markita Schafer, Plaintiffs and Appellees
¶15v.
¶17Duane Landrus, Jr., Defendant and Appellant
¶21No. 20110112
¶25Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
¶27AFFIRMED.
¶29Per Curiam.
¶31Matthew J. Arthurs, Special Assistant Attorney General, Child Support Enforcement, P.O. Box 7310, Bismarck, ND 58507-7310, for plaintiffs and appellees. On brief.
¶33Duane Landrus, Jr., self-represented, P.O. Box 5521, Bismarck, ND 58506-
¶345521, defendant and appellant. On brief.
¶35State ex rel. I.R.S. v. Landrus
¶36No. 20110112
¶38Per Curiam.
¶39[¶1] Duane Landrus Jr. appealed from a district court order denying his motion for reconsideration, which is treated on this appeal as a motion for relief from a final judgment under N.D.R.Civ.P. 60(b). Landrus argues the district court miscalculated his child support obligation by failing to use his prior W-2 form and by imputing wages to him as an incarcerated individual with no gross annual income.
¶40[¶2] We conclude the district court did not abuse its discretion in denying Landrus’s motion. The district court properly applied the child support guidelines in determining the child support Landrus owes to two obligees. Wages were properly imputed to Landrus as an incarcerated individual. SeeA.M.S. ex rel. Farthing v. Stoppleworth, 2005 ND 64, 694 N.W.2d 8 (holding incarceration does not excuse support obligation and wages may be imputed to an incarcerated individual). We summarily affirm under N.D.R.App.P. 35.1(a)(4).
¶41[¶3] Gerald W. VandeWalle, C.J.
¶42Dale V. Sandstrom
¶43Daniel J. Crothers
¶44Mary Muehlen Maring
¶45Carol Ronning Kapsner