Montgomery v. Montgomery
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| 20030010 |
Lynn D. Montgomery, Plaintiff and Appellant
v.
Susan R. Montgomery,
n/k/a Susan R. Dick, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
05/2003 Argument: 05/27/2003 09:30am
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| ND cite: |
2003 ND 135
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| NW cite: |
667 N.W.2d 611
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A. Did the trial court wrongly conclude that a child support obligor had income which exceeded $10,000 per month, when the obligor had lost his job and expected to earn no more than $60,000 per year?
B. Did the trial court improperly continue child support for two months after a minor child's graduation from high school, when the obligee agreed that the child support for that child should cease because of the child's high school graduation?
C.Did the trial court improperly refuse to find a mother in contempt even though the mother failed to allow visitation as required by the Judgment?
Appellee's Statement of the Issues:
A. The Trial Court Correctly Based Child Support on Net Income in Excess of $10,000.
B. The Trial Court Set an Incorrect Effective Date for the Modification of Child Support.
C. Susan Should Not Be Held in Contempt for Any Purported Visitation Problems.
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| 1 | | 01/07/2003 | |
NOTICE OF APPEAL: 01/02/2003 |
| 2 | | 01/07/2003 | |
ORDER FOR TRANSCRIPT: 01/02/2003 |
| 3 | | 01/07/2003 | |
RETENTION OF RECORD ON APPEAL PURSUANT TO RULE 11(c), N.D.R.App.P. (Wayne T. Anderson,: 04/08/2003 |
| 4 | | 01/07/2003 | |
counsel for the Appellee (ROA due after AEB is filed - above date is an approx. due date) |
| 5 | | 01/23/2003 | |
Copy of letter from Bruce Conkins to Maureen Holman dated 1-22-03 Acknowledging OTR |
| 6 | | 01/28/2003 | |
TRANSCRIPT DATED September 9, 2002 |
| 7 | | 01/28/2003 | |
DISK - TRA (emailed) |
| 8 | | 02/24/2003 | |
RECORD ON APPEAL (3 vols.) & Transcripts (5) (NOT REC'D: #81--transcript; 141& 156-tapes: & 208 |
| 9 | | 02/24/2003 | |
- Steno Notes) |
| 10 | | 03/10/2003 | |
APPELLANT BRIEF |
| 11 | | 03/10/2003 | |
APPELLANT APPENDIX |
| 12 | | 03/11/2003 | |
DISK - atb |
| 13 | | 04/08/2003 | |
APPELLEE BRIEF |
| 14 | | 04/14/2003 | |
DISK - AEB |
| 15 | | 04/23/2003 | |
REPLY BRIEF OF APPELLANT |
| 16 | | 04/25/2003 | |
DISK - RYB (e-mailed) |
| 17 | | 05/27/2003 | |
APPEARANCES: Maureen Holman; Wayne T. Anderson, Susan R. Dick |
| 18 | | 05/27/2003 | |
ARGUED: Holman; Anderson (Vol. Y; Page 116) |
| 19 | | 05/27/2003 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 08/20/2003 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 21 | | 08/20/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 22 | | 08/20/2003 | |
Costs on appeal taxed in favor of appellee |
| 23 | | 08/22/2003 | |
Judgment Mailed to Parties |
| 24 | | 09/11/2003 | |
MANDATE |
| 25 | | 09/15/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 11/02/2009 | |
EXPUNGED - Nonpermanent record items destroyed |