Riehl v. Riehl

SANDSTROM, Justice,

dissenting.

[¶ 22] Because the majority is simply substituting its judgment for that of the district court, I dissent. See Hogue v. Hogue, 1998 ND 26, ¶ 9, 574 N.W.2d 579 (we will not retry the case or substitute our judgment for the district court’s); State v. Thompson, 548 N.W.2d 778, 780 (N.D.1996) (we will not substitute our judgment for the district court’s); Schmidkunz v. Schmidkunz, 529 N.W.2d 857, 859 (N.D.1995) (same). If there is a need to revisit spousal support in the future, the district court retains jurisdiction to do so. Schmitz v. Schmitz, 1998 ND 203, ¶ 2, 586 N.W.2d 490 (district court established spousal support and retained jurisdiction over it); Gierke v. Gierke, 1998 ND 100, ¶ 24, 578 N.W.2d 522 (court retains continuing jurisdiction to modify spousal support).

[¶ 23] I would affirm.

[¶ 24] Dale V. Sandstrom