Becker v. Becker’s Empirical Analysis
2011
Citation profile
16
cited by 16 later decisions
1
states following
April 2023
most recently cited
16 state decisions
Relationships
Relies on Reed v. Reed · Orr v. Orr · Fischer v. Fischer · Ruff v. Ruff · Heinle v. Heinle
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A court may award spousal support under N.D.C.C. § 14-05-24.1, which provides, “[T]aking into consideration the circumstances of the parties, the court may require one party to pay spousal support to the other party for any period of time.” An award of spousal support is a finding of fact that will not be set aside on appeal unless it is clearly erroneous. The words “disadvantaged spouse” may be a handy label but it is not a term of legal significance. Rather, in deciding whether to award spousal support the court must consider the Ruff-Fischer guidelines.... The court also must consider the needs of the spouse seeking support and the ability of the other spouse to pay. The court is not required to make a finding on each factor, but it must explain its rationale for its determination. [[Image here]] Permanent spousal support is appropriate when the economically disadvantaged spouse cannot be equitably rehabilitated to make up for the opportunities and development lost during the course of the marriage. [P]ermanent spousal support ... provide[s] traditional maintenance for a spouse incapable of adequate rehabilitation or self-support. Even when a spouse is capable of rehabilitation, permanent spousal support may be an appropriate remedy to ensure the parties equitably share the overall reduction in their separate standards of living.”
2 later decisions quote this exact passage“To determine a child support obligation the court must apply the child support guidelines to calculate the obligor’s net income. Halberg [v. Halberg], 2010 ND 20, ¶ 10 , 777 N.W.2d 872 . In deciding whether to award spousal support, the court considers the Ruff-Fischer factors, which include the parties’ earning ability and the needs of the spouse seeking support and the ability of the other spouse to pay. Duff [v. Kearns-Duff], 2010 ND 247, ¶ 14 , 792 N.W.2d 916 . Under those authorities, a party’s earning ability will not necessarily be the same as the party’s net income under the child support guidelines.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.