Torgerson v. Torgerson

20030054 Laurie Ann Torgerson, Plaintiff and Appellant
v.
Timothy Alvin Torgerson, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Garaas Law Firm
Appellee: Naomi H L Paasch
Appellee: Richie & Associates
Term: 09/2003   Argument: 09/02/2003  10:45am
ND cite: 2003 ND 150
NW cite: 669 N.W.2d 98

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Issues: Appellant's Statement of the Issues:
1. Did Timothy Torgerson satisfy the legal and factual requirements to obtain modification of his child support obligations?
2. Is Timothy Torgerson underemployed?
3. Is Laurie Torgerson entitled to a fair judicial process?
4. Is Laurie Torgerson entitled to an increase in child support?
5. Is Laurie Torgerson entitled to attorney fees, costs, and disbursements?
6. Can Timothy Torgerson deduct depreciation for owned and non-owned equipment in determining child support?

Appellee's Statement of the Issues:
I. Did Appellee Timothy Torgerson comply with the requirements of N.D.Admin.Code Code 75-02-04.1 with evidence sufficient to establish his net-income from self-employment?
II. Do the North Dakota Child Support Guidelines in effect in September 2002 prescribe the net income of a self-employed obligor to be used in the computation of their support obligation as total income for Internal Revenue purposes thereby authorizing a deduction for depreciation expenses?
III. Did the Referee abuse its discretion in finding that Appellee was a self-employed farmer whose average annual net-income for the five years immediately preceding the Motion to Modify was $10,841?

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Docket entries:
103/04/2003 NOTICE OF APPEAL: 02/28/2003
203/04/2003 ORDER FOR TRANSCRIPT: 02/28/2003
304/01/2003 RECORD ON APPEAL (Not rec'd:#34-Service Document, entered in error; #42-Tape; & 75&76--Steno Notes)
404/10/2003 TRANSCRIPTS DATED 10-16-02 & 11-13-02 (2 volumes)
504/21/2003 DISK - TRA (10/16/02 & 11/13/02) (e-mailed)
605/05/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 5-02-03 (Entry Nos. 85-88, incl. Amended Judgment & Decree)
705/20/2003 APPELLANT BRIEF
805/20/2003 APPELLANT APPENDIX
905/20/2003 DISK - ATB
1006/19/2003 Appellee's Brief (Withdrawn on 8-11-03)
1106/20/2003 MOTION TO APPEAR PURSUANT TO N.D.R.Ct. 11.1(e); AFFIDAVIT OF NAOMI PAASCH IN SUPPORT
1206/20/2003 ACTION BY CLERK (Ms. Paasch's Motion to Appear - authorized)
1307/03/2003 REPLY BRIEF of Appellant
1407/07/2003 DISK - RYB
1508/01/2003 Disk - AEB (not in compliance w/rules) (withdrawn on 8-11-03)
1608/07/2003 CORRECTED APPELLEE BRIEF (replaced AEB previously filed)
1708/12/2003 Letter dated 8-11-03 from Naomi H. Paasch certifying that corrections to the citations were the
1808/12/2003 only changes made to the Appellee's Brief
1908/12/2003 NOTE: the original AEB filed 6-19-03 was withdrawn and replaced with corrected AEB on 8-07-03
2008/12/2003 DISK - corrected AEB
2108/13/2003 Letter dated August 11, 2003 from Craig Richie requesting to be excused from oral argument
2208/13/2003 ACTION BY CHIEF JUSTICE (excused from oral argument). Granted
2309/02/2003 APPEARANCES: Jonathan T. Garaas; Naomi H. L. Paasch
2409/02/2003 ARGUED: Garaas; Paasch (Vol. Y; Page 131)
2509/02/2003 ORAL ARGUMENT WEBCAST
2609/23/2003 DISPOSITION: AFFIRMED
2709/23/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
2809/23/2003 Costs on appeal taxed in favor of appellee
2909/24/2003 Order/Judgment Mailed to Parties
3010/03/2003 PETITION FOR REHEARING and Addendum
3110/06/2003 DISK - PER
3210/23/2003 ACTION BY SUPREME COURT (PER). Denied
3310/31/2003 MANDATE
3411/04/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3512/09/2009 EXPUNGED - Nonpermanent record items destroyed

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