Chapman v. Chapman
Doreen T. Chapman, Plaintiff and Appellant
Benton Dewayne Chapman, Defendant and Appellee
Southeast Judicial District,
Judge Ronald E. Goodman
|Nature of Action:||Child Support|
|Term:||11/2003  Argument: 11/26/2003 2:45pm|
|ND cite:||2004 ND 22|
673 N.W.2d 920
Listen to recording of oral argument in MP3 format
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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|1||04/02/2003||NOTICE OF APPEAL: 03/28/2003|
|2||04/02/2003||ORDER FOR TRANSCRIPT (Lajuana Hayen-Court Recorder): 03/28/2003|
|3||04/11/2003||Acknowledgment of notice of request for transcript (LaJuana Hayen) & request for payment|
|4||05/16/2003||RECORD ON APPEAL|
|5||05/16/2003||TRANSCRIPT DATED January 23, 2003|
|6||05/19/2003||DISK - TRA of Jan 23, 2003|
|7||05/23/2003||MOTION FOR INTERLOCUTORY ORDER & BRIEF IN SUPPORT|
|8||05/23/2003||MOT. EXT/TIME APPELLANT BRIEF (ATTACHED TO MOT/INTERLOCUTORY ORDER)|
|9||05/23/2003||Appendix (Mot/Interlocutory Order)|
|10||05/28/2003||ACTION BY SUPREME COURT (MAT). Granted: 07/07/2003|
|11||05/28/2003||NO ACTION TAKEN (Motion for Interlocutory Order)|
|14||07/07/2003||DISK - ATB|
|15||11/13/2003||Letter dated 11-10-03 from Jonathan H.P. Anderson|
|16||11/26/2003||APPEARANCES: Jonathan Peter Anderson; no appearance by Appellee|
|17||11/26/2003||ARGUED: Anderson (Vol. Y; Page 175)|
|18||11/26/2003||ORAL ARGUMENT WEBCAST|
|20||01/28/2004||UNANIMOUS OPINION: Neumann, William A.|
|21||01/28/2004||(CONCUR in Result): VandeWalle, Gerald W.: CON/RES|
|22||01/29/2004||Order/Judgment Mailed to Parties|
|23||02/11/2004||PETITION FOR REHEARING (e-filed)|
|24||02/11/2004||E-FILED Petition for Rehearing|
|25||02/25/2004||ACTION BY SUPREME COURT (PER). Denied|
|27||03/09/2004||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||03/26/2010||EXPUNGED - Nonpermanent record items destroyed|