Lukenbill v. Fettig

20000184 Jennifer Lukenbill and V.M., by
and through Helen Nelson
as Guardian Ad Litem, Plaintiffs, Appellants
and Cross-Appellees
v.
Brian Fettig, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Child Support
Counsel:
Appellant: Howe & Seaworth
Appellee: Pro se
Term: 11/2000   Argument: 11/16/2000  2:45pm
ND cite: 2001 ND 47
NW cite: 623 N.W.2d 7


Issues: Appellant's Statement of the Issues:
1. That the Court's failure to order child support for the period from 18 November 1994 through 31 August 1996 was an abuse of discretion and was clearly erroneous.
2. That the Court's award of support in the amount of $250 per month, rather than the guideline calculation of $314.00 per month, during calendar year 1996 was clearly erroneous.
3. That the Court's determination that Brian Fettig would be obligated to pay $443.00 per month for child support commencing 01 January 1998, based on a gross income of $64,892.00 per annum, increased to $467.00 per month commencing 01 January 1999, based on a gross income of $68,107.00 per annum, was clearly erroneous.
4. That the Court's determination that Brian Fettig would be entitled to claim the minor child of the parties as and for tax deduction purposes, without a requirement that he pay the accrued arrearages for support, was clearly erroneous.
5. That the Court's failure to order that Brian Fettig would contribute to the costs and attorney's fees incurred by Jennifer Lukenbill, in view of the great income disparity between the parties, was clearly erroneous,

Appellee's Statement of the Issues:
I. Whether the court should order defendant to pay plaintiff child support prior to December 1, 1996?
II. Whether the court should modify defendant's child support obligation set forth in the paternity judgement and if so, commencing on what date and in what amount?
III. Whether the court should order defendant to reimburse plaintiff for medical expenses and if so, in what amount?
IV. Whether the court should modify the visitation terms contained in the paternity judgement?
V. Additional issues: responsibility to provide medical insurance coverage for V.M., the ability to claim V.M. as an exemption and plaintiff's request that defendant pay her attorney fees and court costs?

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Docket entries:
106/22/2000 NOTICE OF APPEAL: 06/19/2000
206/22/2000 ORDER FOR TRANSCRIPT: 06/19/2000
306/22/2000 Acknowledgment of the OTR (Nancy Krogstad)
406/22/2000 RETENTION OF RECORD ON APPEAL: 08/09/2000
506/28/2000 TRANSCRIPT DATED FEBRUARY 7, 2000
606/30/2000 DISK - TRA
707/07/2000 NOTICE OF CROSS APPEAL (Brian Fettig, pro se)
807/10/2000 RECORD ON APPEAL
907/13/2000 MOTION TO DISMISS CROSS APPEAL OF APPELLEE BRIAN FETTING & BRIEF IN SUPPORT. RspDue: 07/24/2000
1007/24/2000 Response to Motion to Dismiss Cross-Appeal & attachment
1107/27/2000 Clerk's Supp. Cert. of ROA dated July 25, 2000 (entries 61-67 attached)
1207/28/2000 Copy of Order Allowing Withdrawal From Representation of Def. (Karen Braaten allowed to withdraw)
1308/01/2000 Copy of trial court's order granting ext. of time to file cross-appeal (via fax)
1408/02/2000 ACTION BY SUPREME COURT (MOT/dismiss)(cross-appeal filed July 6, 2000 is accepted). Denied
1508/02/2000 Order Mailed to Parties
1608/04/2000 Second Supplemental Clerk's Certificate dated August 3, 2000 (Entry Nos. 68-72)
1708/07/2000 APPELLANT BRIEF
1808/09/2000 APPELLANT APPENDIX
1908/10/2000 DISK - atb
2009/14/2000 APPELLEE BRIEF
2109/18/2000 DISK - aeb
2209/29/2000 Corrected Table of Authorities and pages of AEB
2309/29/2000 DISK - Corrected AEB
2411/13/2000 Letter from Mr. Fettig dated 11-7-00 RE: Confirmation that he will not be attending oral arguments
2511/16/2000 APPEARANCES: Henry H. Howe; submitted on brief for AE
2611/16/2000 ARGUED: Howe; submitted on brief for AE (Vol. X; page 82)
2703/05/2001 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2803/05/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
2903/05/2001 Pursuant to Court, no costs on appeal to be awarded.
3003/05/2001 Order/Judgment Mailed to Parties
3103/29/2001 MANDATE
3204/04/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3306/15/2007 EXPUNGED - Nonpermanent record items destroyed

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