Logan v. Bush

20000090 Judy M. Logan, f/k/a
Judy M. Bush, Plaintiff and Appellant
v.
John M. Bush, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: #Ohnstad Twichell, P.C.
Appellee: Daniel E. Bertsch
Term: 09/2000   Argument: 09/20/2000  10:45am
ND cite: 2000 ND 203
NW cite: 621 N.W.2d 314


Issues: Appellant's Statement of the Issues:
I. The trial court erred in its determination of Judy Logan's net income and child support obligation by imputing income to Judy Logan and using Judy Logan's prior income and not her current income.
Ii. The trial court erred by not providing Judy Logan with a credit for her overpayment of child support beyond the time required by law.
Iii. The district court erred in determining Judy Logan was not entitled to an adjustment in her child support obligation for extended visitation as provided by North Dakota Administrative Code Section 75-02-04.1-08.1.

Appellee's Statement of the Issues:
I. The trial court properly determined that Judy Logan made a voluntary change in employment resulting in a reduction of income and therefore was not required to make a finding that Judy Logan was underemployed in order to impute one hundred percent of her greatest monthly earnings pursuant to north dakota administrative code section 75-02-04.1-07(9).
II. The trial court properly denied Judy Logan's Motion for Correction where no clerical mistake existed.
III. Judy Logan failed to establish that she was entitled to an adjustment in her child support obligation for extended visitation.

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Docket entries:
103/28/2000 NOTICE OF APPEAL: 03/27/2000
203/28/2000 ORDER FOR TRANSCRIPT (Vicky Matthys): 03/27/2000
303/31/2000 TRANSCRIPT DATED December 14, 2000
404/03/2000 DISK - TRA
504/28/2000 RECORD ON APPEAL (not rec'd - Entry no. 74 (tape) & no. 85 (copy of transcript)
605/09/2000 APPELLANT BRIEF
705/09/2000 APPELLANT APPENDIX
805/10/2000 DISK - ATB
905/22/2000 Letter dated 5-15-00 from James R. Brothers re NOT submitting a brief & not appearing for OA
1005/22/2000 (DISTRIBUTE LETTER W/BRIEFS)
1106/07/2000 APPELLEE BRIEF
1206/08/2000 DISK- aeb
1306/13/2000 Request for add'l time to correct TOA for AEB (letter from Daniel Bertsch's office)
1406/13/2000 ACTION BY CLERK. granted
1506/22/2000 Corrected TOA & pages for Appellee's Brief
1606/22/2000 DISK - Corrected AEB
1706/22/2000 REPLY BRIEF
1806/23/2000 DISK - RYB
1907/07/2000 Corrected TOA, and page of RYB
2007/07/2000 DISK - Corrected RYB
2109/08/2000 MOTION TO AMEND APPELLEE'S BRIEF
2209/13/2000 ACTION BY CLERK (mot/amend AEB). Granted
2309/13/2000 DISK - amended AEB
2409/20/2000 APPEARANCES: Thomas D. Fiebiger and Judy M. Logan; Daniel E. Bertsch
2509/20/2000 ARGUED: Fiebiger; Bertsch (Vol. X; page 58B)
2612/07/2000 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2712/07/2000 UNANIMOUS OPINION: Maring, Mary Muehlen
2812/07/2000 At the direction of the Court, no costs will be taxed on this appeal.
2912/08/2000 Order/Judgment Mailed to Parties
3012/21/2000 PETITION FOR REHEARING
3101/04/2001 DISK - PER. Denied
3201/30/2001 ACTION BY SUPREME COURT. denied
3301/30/2001 An additional Opinion Page was filed January 30, 2001, this added paragraphs 45 thru 48 to this
3401/30/2001 opinion regarding the denial of the petition for rehearing.
3502/07/2001 MANDATE
3605/25/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3705/16/2007 EXPUNGED - Nonpermanent record items destroyed

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