Lukenbill v. Fettig
Jennifer Lukenbill and V.M., by
and through Helen Nelson
as Guardian Ad Litem, Plaintiffs, Appellants
Brian Fettig, Defendant, Appellee
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Child Support|
|Term:||11/2000  Argument: 11/16/2000 2:45pm|
|ND cite:||2001 ND 47|
623 N.W.2d 7
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?
|Add Docket 20000184 RSS|
|1||06/22/2000||NOTICE OF APPEAL: 06/19/2000|
|2||06/22/2000||ORDER FOR TRANSCRIPT: 06/19/2000|
|3||06/22/2000||Acknowledgment of the OTR (Nancy Krogstad)|
|4||06/22/2000||RETENTION OF RECORD ON APPEAL: 08/09/2000|
|5||06/28/2000||TRANSCRIPT DATED FEBRUARY 7, 2000|
|6||06/30/2000||DISK - TRA|
|7||07/07/2000||NOTICE OF CROSS APPEAL (Brian Fettig, pro se)|
|8||07/10/2000||RECORD ON APPEAL|
|9||07/13/2000||MOTION TO DISMISS CROSS APPEAL OF APPELLEE BRIAN FETTING & BRIEF IN SUPPORT. RspDue: 07/24/2000|
|10||07/24/2000||Response to Motion to Dismiss Cross-Appeal & attachment|
|11||07/27/2000||Clerk's Supp. Cert. of ROA dated July 25, 2000 (entries 61-67 attached)|
|12||07/28/2000||Copy of Order Allowing Withdrawal From Representation of Def. (Karen Braaten allowed to withdraw)|
|13||08/01/2000||Copy of trial court's order granting ext. of time to file cross-appeal (via fax)|
|14||08/02/2000||ACTION BY SUPREME COURT (MOT/dismiss)(cross-appeal filed July 6, 2000 is accepted). Denied|
|15||08/02/2000||Order Mailed to Parties|
|16||08/04/2000||Second Supplemental Clerk's Certificate dated August 3, 2000 (Entry Nos. 68-72)|
|19||08/10/2000||DISK - atb|
|21||09/18/2000||DISK - aeb|
|22||09/29/2000||Corrected Table of Authorities and pages of AEB|
|23||09/29/2000||DISK - Corrected AEB|
|24||11/13/2000||Letter from Mr. Fettig dated 11-7-00 RE: Confirmation that he will not be attending oral arguments|
|25||11/16/2000||APPEARANCES: Henry H. Howe; submitted on brief for AE|
|26||11/16/2000||ARGUED: Howe; submitted on brief for AE (Vol. X; page 82)|
|27||03/05/2001||DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT|
|28||03/05/2001||UNANIMOUS OPINION: Sandstrom, Dale V.|
|29||03/05/2001||Pursuant to Court, no costs on appeal to be awarded.|
|30||03/05/2001||Order/Judgment Mailed to Parties|
|32||04/04/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|33||06/15/2007||EXPUNGED - Nonpermanent record items destroyed|