Otterson v. Otterson

VANDE WALLE, Chief Justice.

[¶ 1] The Minot Regional Child Support Enforcement Unit [the Unit] appealed from a judgment dismissing its motion to modify child support owed by Corrina Schultz. Because the trial court improperly shifted the burden of proof and did not include proceeds of a personal injury settlement in Schultz’s income, we reverse and remand for further proceedings.

I

[¶2] Schultz and Todd Otterson divorced in 1990. Otterson was awarded custody of the parties’ minor child. Schultz, who was attending college and not working, was ordered to pay $50 per month child support.

[¶ 3] In…