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:

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:

1	03/04/2003	NOTICE OF APPEAL: 02/28/2003
2	03/04/2003	ORDER FOR TRANSCRIPT: 02/28/2003
3	04/01/2003	RECORD ON APPEAL (Not rec'd:#34-Service Document, entered in error; #42-Tape; & 75&76--Steno Notes)
4	04/10/2003	TRANSCRIPTS DATED 10-16-02 & 11-13-02 (2 volumes)
5	04/21/2003	DISK - TRA (10/16/02 & 11/13/02) (e-mailed)
6	05/05/2003	SUPPLEMENTAL CLERK'S CERTIFICATE DATED 5-02-03 (Entry Nos. 85-88, incl. Amended Judgment & Decree)
7	05/20/2003	APPELLANT BRIEF
8	05/20/2003	APPELLANT APPENDIX
9	05/20/2003	DISK - ATB
10	06/19/2003	Appellee's Brief (Withdrawn on 8-11-03)
11	06/20/2003	MOTION TO APPEAR PURSUANT TO N.D.R.Ct. 11.1(e); AFFIDAVIT OF NAOMI PAASCH IN SUPPORT
12	06/20/2003	ACTION BY CLERK (Ms. Paasch's Motion to Appear - authorized)
13	07/03/2003	REPLY BRIEF of Appellant
14	07/07/2003	DISK - RYB
15	08/01/2003	Disk - AEB (not in compliance w/rules) (withdrawn on 8-11-03)
16	08/07/2003	CORRECTED APPELLEE BRIEF (replaced AEB previously filed)
17	08/12/2003	Letter dated 8-11-03 from Naomi H. Paasch certifying that corrections to the citations were the
18	08/12/2003	only changes made to the Appellee's Brief
19	08/12/2003	NOTE: the original AEB filed 6-19-03 was withdrawn and replaced with corrected AEB on 8-07-03
20	08/12/2003	DISK - corrected AEB
21	08/13/2003	Letter dated August 11, 2003 from Craig Richie requesting to be excused from oral argument
22	08/13/2003	ACTION BY CHIEF JUSTICE (excused from oral argument). Granted
23	09/02/2003	APPEARANCES: Jonathan T. Garaas; Naomi H. L. Paasch
24	09/02/2003	ARGUED: Garaas; Paasch (Vol. Y; Page 131)
25	09/02/2003	ORAL ARGUMENT WEBCAST
26	09/23/2003	DISPOSITION: AFFIRMED
27	09/23/2003	UNANIMOUS OPINION: Kapsner, Carol Ronning
28	09/23/2003	Costs on appeal taxed in favor of appellee
29	09/24/2003	Order/Judgment Mailed to Parties
30	10/03/2003	PETITION FOR REHEARING and Addendum
31	10/06/2003	DISK - PER
32	10/23/2003	ACTION BY SUPREME COURT (PER). Denied
33	10/31/2003	MANDATE
34	11/04/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35	12/09/2009	EXPUNGED - Nonpermanent record items destroyed

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