Ebach v. Ebach

20040306 Lana K. Ebach, Plaintiff and Appellee
v.
Donald M. Ebach, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce A. Romanick
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: #Bair, Bair & Garrity, LLP
Term: 03/2005   Argument: 03/03/2005  10:45am
ND cite: 2005 ND 123
NW cite: 700 N.W.2d 684

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Can spousal support be reduced, where a payor retires before age 65, if the retirement provides the payee spouse with substantially more monthly income than she had before the retirement?
II.Are payments received from a retirement account considered income?
III.When the totality of the circumstances involved in donald's motion to reduce spousal support are considered, should donald be allowed a reduction in his $750 per month spousal support?

Appellee's Statement of the Issues:
1. What analysis should the Court apply in determining whether a voluntary early retirement constitutes a material change of circumstances to justify a reduction in spousal support?
2. Did the trial court clearly err in determining there was not a change in circumstances?
3. Did the trial court properly deny redistribution of Otter Tail retirement benefits without a showing under Rule 60(b), N.D.R.Civ.P.?

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Docket entries:
111/03/2004 NOTICE OF APPEAL: 11/01/2004
211/03/2004 ORDER FOR TRANSCRIPT (Lisa Soma): 11/01/2004
311/30/2004 RECORD ON APPEAL, not forwarded with the record were Nos. 12 (Property & Debt Listing filed by FAX
411/30/2004 PL Exhibit), 11 (PL Exhibits 1 thru 16 and 19 & 20; DEF 17 & 21))
512/02/2004 TRANSCRIPT DATED September 27, 2004
612/02/2004 DISK - TRA of 9-27-04
712/30/2004 APPELLANT BRIEF
812/30/2004 APPELLANT APPENDIX
901/04/2005 Corrected TOA & page 10 for ATB
1001/04/2005 DISK - atb
1101/27/2005 APPELLEE BRIEF
1201/27/2005 Affidavit of Service by Mail
1301/27/2005 DISK - Appellee's Brief
1403/03/2005 APPEARANCES: Benjamin C. Pulkrabek, Donald M.Ebach; Patricia E. Garrity, Lana K. Ebach
1503/03/2005 ARGUED: Pulkrabek; Garrity (Vol. Z; Page 94)
1603/03/2005 ORAL ARGUMENT WEBCAST
1707/13/2005 DISPOSITION (and Remanded): AFFIRMED
1807/13/2005 SPLIT OPINION: Kapsner, Carol Ronning
1907/13/2005 CONCURRING: VandeWalle, Gerald W.: CONCUR
2007/13/2005 CONCUR/JOIN: Sandstrom, Dale V.: JN/CON
2107/13/2005 Costs on appeal taxed in favor of Appellant
2207/14/2005 Judgment Mailed to Parties
2308/04/2005 MANDATE
2408/08/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2512/05/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/19/2014