Montgomery v. Montgomery
Lynn D. Montgomery, Plaintiff and Appellant
Susan R. Montgomery,
n/k/a Susan R. Dick, Defendant and Appellee
East Central Judicial District,
Judge Lawrence A. Leclerc
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||05/2003  Argument: 05/27/2003|
|ND cite:||2003 ND 135|
667 N.W.2d 611
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20030010 RSS|
|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|
|25||09/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||11/02/2009 EXPUNGED - Nonpermanent record items destroyed|