Devine v. Hennessee’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Determination of whether an individual is underemployed is within the discretion of the trial court.” Torgerson v. Torgerson, 2003 ND 150, ¶ 10 , 669 N.W.2d 98 . “A trial court abuses its discretion only when it acts in an arbitrary, unreasonable, or unconscionable manner, or when its decision is not the product of a rational mental process leading to a reasoned determination.” Knoll v. Kuleck, 2004 ND 199, ¶ 6 , 688 N.W.2d 370 . Imputing income is appropriate when an individual is underemployed. Torgerson, 2003 ND 150, ¶ 10 , 669 N.W.2d 98 . “A court may find an obligor is underemployed and impute the obligor’s income, if ‘the obligor’s gross income from earnings is significantly less than the statewide average earnings for persons with similar work history and occupational qualifications.’ ” Halberg v, Halberg, 2010 ND 20, ¶ 16 , 777 N.W.2d 872 (quoting N.D. Admin. Code § 75-02-04.1-07(1)(b)). ■ The Code states that an obligor is presumed to be underemployed if the obligor’s gross income from earnings is less.than: “a. Six-tenths of the statewide average earnings ■for persons with similar work history and occupational:qualification's;- or b." A -monthly amount equal to one hundred ' sixty-seven times ■ the federal hourly minimum wage.” N.D. Admin. Code § 75-02-04.1-4)7(2). “The district court must properly determine an obligor’s in- ' come under the child support guidelines before the court can find an obligor underemployed and impute income to the obligor.” Entzie [v. Ent”

   1 later decision quote this exact passage · from the majority
   e.g. Martiré v. Martiré

2. “If the obligor fails, upon reasonable request made in any proceeding to review a child support obligation, to furnish reliable information concerning the obli-gor’s gross income from earnings, and if that information cannot be reasonably obtained from sources other than the obligor, income must be imputed based on the greatest of: a. Subdivisions a through c of subsection 3; or b. The obligor’s net'income,' at the time the child support order was entered or last modified, increased at the rate of ten percent per year.”

   1 later decision quote this exact passage · from the dissent
   e.g. Schurmann v. Schurmann