Montgomery v. Montgomery

20030010 Lynn D. Montgomery, Plaintiff and Appellant
v.
Susan R. Montgomery,
n/k/a Susan R. Dick, 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: Serkland Law Firm
Appellee: Wayne T. Anderson
Term: 05/2003   Argument: 05/27/2003  9:30am
ND cite: 2003 ND 135
NW cite: 667 N.W.2d 611

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/07/2003 NOTICE OF APPEAL: 01/02/2003
201/07/2003 ORDER FOR TRANSCRIPT: 01/02/2003
301/07/2003 RETENTION OF RECORD ON APPEAL PURSUANT TO RULE 11(c), N.D.R.App.P. (Wayne T. Anderson,: 04/08/2003
401/07/2003 counsel for the Appellee (ROA due after AEB is filed - above date is an approx. due date)
501/23/2003 Copy of letter from Bruce Conkins to Maureen Holman dated 1-22-03 Acknowledging OTR
601/28/2003 TRANSCRIPT DATED September 9, 2002
701/28/2003 DISK - TRA (emailed)
802/24/2003 RECORD ON APPEAL (3 vols.) & Transcripts (5) (NOT REC'D: #81--transcript; 141& 156-tapes: & 208
902/24/2003 - Steno Notes)
1003/10/2003 APPELLANT BRIEF
1103/10/2003 APPELLANT APPENDIX
1203/11/2003 DISK - atb
1304/08/2003 APPELLEE BRIEF
1404/14/2003 DISK - AEB
1504/23/2003 REPLY BRIEF OF APPELLANT
1604/25/2003 DISK - RYB (e-mailed)
1705/27/2003 APPEARANCES: Maureen Holman; Wayne T. Anderson, Susan R. Dick
1805/27/2003 ARGUED: Holman; Anderson (Vol. Y; Page 116)
1905/27/2003 ORAL ARGUMENT WEBCAST
2008/20/2003 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2108/20/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
2208/20/2003 Costs on appeal taxed in favor of appellee
2308/22/2003 Judgment Mailed to Parties
2409/11/2003 MANDATE
2509/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2611/02/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014