Drug test, private right of action, child support.

James Wolf appeals a lower court's ruling on the structure of support payments to be made to his ex-wife. Wolf was terminated from his employment after he failed a mandatory drug test. Wolf and his wife separated and subsequently filed for divorce. Wolf moved from the state to pursue employment opportunities elsewhere.

The District Court of Stark County structured child and spousal support payments based on Wolf's earning potential as a union boilermaker in North Dakota. However, Wolf's current employment is limited to part-time work on an as-needed basis. Wolf appeals the support structure established by the county court. He claims the lower jurisdiction erred in establishing the support payments.

A split decision. The Supreme Court of North Dakota reversed the lower jurisdiction's action concerning the structure of child support payments. The supreme court noted the lower court's rationale was vague. The court remanded the case for additional review of this aspect of the case. In all other regards, the supreme court affirmed the lower court's actions.