Chapman v. Chapman

20030094 Doreen T. Chapman, Plaintiff and Appellant
v.
Benton Dewayne Chapman, Defendant and Appellee

Appeal from: District Court, Southeast Judicial District, Richland County
Judge Ronald E. Goodman
Nature of Action: Child Support
Counsel:
Appellant: Jonathan Hjalmar Peter Anderson
Term: 11/2003   Argument: 11/26/2003  2:45pm
ND cite: 2004 ND 22
NW cite: 673 N.W.2d 920

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the phrase "current monthly support obligation" found in N.D.C.C.  14-09- 09.30 refers to the monthly amount of child support established under a child support judgment or order, or could include the amount set by an "ability to pay" order from a child support contempt proceeding.
II. Whether interpreting the phrase "current monthly support obligation" to include the amount set by an "ability to pay" order from a child support contempt proceeding will permit substantive temporary modifications of child support judgments or orders at child support contempt proceedings.
III. Whether a district court has been granted the authority under Chapter 14-09 of the North Dakota Century Code to order at a child support contempt proceeding a temporary modification or suspension of an income withholding order.
IV. Whether a district court has the jurisdiction to temporarily modify or suspend the amount of child support collected through income withholding when the child support judgment or order has been transcribed to the clerk of the district court for enforcement only.
V. Whether the Enforcement Unit and Richland County State's Attorney's failure to object at the Order to Show Cause hearing on January 23, 2003, to the District Court's order modifying or suspending income withholding should preclude this appeal when the Enforcement Unit's objection and argument regarding this income withholding controversy were known by the District Court before the Order to Show Cause hearing, the controversy involves a pure question of law affecting a public interest, and the Enforcement Unit, Richland County State's Attorney, and the obligee were not provided with adequate notice of the Order to Show Cause hearing or that the District Court would address the issue of income withholding sua sponteat the Order to Show Cause hearing.

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Docket entries:
104/02/2003 NOTICE OF APPEAL: 03/28/2003
204/02/2003 ORDER FOR TRANSCRIPT (Lajuana Hayen-Court Recorder): 03/28/2003
304/11/2003 Acknowledgment of notice of request for transcript (LaJuana Hayen) & request for payment
405/16/2003 RECORD ON APPEAL
505/16/2003 TRANSCRIPT DATED January 23, 2003
605/19/2003 DISK - TRA of Jan 23, 2003
705/23/2003 MOTION FOR INTERLOCUTORY ORDER & BRIEF IN SUPPORT
805/23/2003 MOT. EXT/TIME APPELLANT BRIEF (ATTACHED TO MOT/INTERLOCUTORY ORDER)
905/23/2003 Appendix (Mot/Interlocutory Order)
1005/28/2003 ACTION BY SUPREME COURT (MAT). Granted: 07/07/2003
1105/28/2003 NO ACTION TAKEN (Motion for Interlocutory Order)
1207/03/2003 APPELLANT BRIEF
1307/03/2003 APPELLANT APPENDIX
1407/07/2003 DISK - ATB
1511/13/2003 Letter dated 11-10-03 from Jonathan H.P. Anderson
1611/26/2003 APPEARANCES: Jonathan Peter Anderson; no appearance by Appellee
1711/26/2003 ARGUED: Anderson (Vol. Y; Page 175)
1811/26/2003 ORAL ARGUMENT WEBCAST
1901/28/2004 DISPOSITION: DISMISSED
2001/28/2004 UNANIMOUS OPINION: Neumann, William A.
2101/28/2004 (CONCUR in Result): VandeWalle, Gerald W.: CON/RES
2201/29/2004 Order/Judgment Mailed to Parties
2302/11/2004 PETITION FOR REHEARING (e-filed)
2402/11/2004 E-FILED Petition for Rehearing
2502/25/2004 ACTION BY SUPREME COURT (PER). Denied
2603/05/2004 MANDATE
2703/09/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2803/26/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014