Torgerson v. Torgerson
Laurie Ann Torgerson, Plaintiff and Appellant
Timothy Alvin Torgerson, Defendant and Appellee
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2003  Argument: 09/02/2003|
|ND cite:||2003 ND 150|
669 N.W.2d 98
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20030054 RSS|
|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|10||06/19/2003 Appellee's Brief (Withdrawn on 8-11-03)|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|
|34||11/04/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||12/09/2009 EXPUNGED - Nonpermanent record items destroyed|