Rothberg v. Rothberg
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| 20050198 |
Patricia J. Rothberg, Plaintiff, Appellee
and Cross-Appellant
v.
Charles S. Rothberg, Defendant, Appellant
and Cross-Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Robert O. Wefald |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
11/2005 Argument: 11/07/2005 01:30pm
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| ND cite: |
2006 ND 65
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| NW cite: |
711 N.W.2d 219
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court Erred in Finding No Material Change in Circumstances Justifying a Reduction in Spousal Support, Where the Obligor Had a 59 Percent, Involuntary and Uncontemplated Reduction in Income.
II. Whether Income Can Be Imputed for Spousal Support Purposes.
III.Whether a Spousal Support Obligor May be Required to Relocate, Away From His or Her Children, in Order to Maintain a Spousal Support Obligation After the Obligor's Income has Been Substantially and Involuntarily Reduced.
Appellee's Statement of the Issues:
1. Whether the District Court correctly concluded that the Defendant had not met his burden in proving that there had been a Material Change in Circumstances warranting a reduction in his spousal support obligation.
2. Whether the District Court erred in its denial of the Plaintiff's request for Attorney fees and costs to resist the Defendant's Motion.
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 Add Docket 20050198 RSS
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| 1 | | 06/13/2005 | |
NOTICE OF APPEAL: 06/10/2005 |
| 2 | | 06/13/2005 | |
ORDER FOR TRANSCRIPT: 06/10/2005 |
| 3 | | 06/21/2005 | |
NOTICE OF CROSS APPEAL |
| 4 | | 06/28/2005 | |
TRANSCRIPT DATED May 2, 2005 |
| 5 | | 06/28/2005 | |
DISK - TRA (5-2-05) (e-mailed) |
| 6 | | 07/01/2005 | |
RECORD ON APPEAL & separates, incl. Depositions(2), exhibits (not rec'd: Cert. Nos. 45, 82 (Ct. |
| 7 | | 07/01/2005 | |
Reporter's Notes), and 64-65 (Tapes) |
| 8 | | 08/03/2005 | |
MOT. EXT/TIME APPELLANT BRIEF & Brief/Support(faxed) |
| 9 | | 08/03/2005 | |
E-FILED MOTION (MAT) |
| 10 | | 08/03/2005 | |
ACTION BY CLERK. Granted: 08/23/2005 |
| 11 | | 08/23/2005 | |
APPELLANT BRIEF |
| 12 | | 08/23/2005 | |
E-FILED BRIEF (ATB) |
| 13 | | 08/23/2005 | |
APPELLANT APPENDIX |
| 14 | | 08/23/2005 | |
E-FILED APPENDIX (ATA) |
| 15 | | 08/24/2005 | |
Received $53.50 surcharge for ATB and ATA (Receipt #16270) |
| 16 | | 08/25/2005 | |
Received additional $3.00 surcharge for appellant's Appendix (Receipt 16271) |
| 17 | | 09/13/2005 | |
7 cc of ATB from Central Duplicating |
| 18 | | 09/13/2005 | |
6 cc of ATA from Central Duplicating |
| 19 | | 09/23/2005 | |
APPELLEE BRIEF |
| 20 | | 09/23/2005 | |
APPELLEE APPENDIX |
| 21 | | 09/23/2005 | |
DISK - AEB |
| 22 | | 09/29/2005 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 23 | | 09/29/2005 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 09/23/2005 |
| 24 | | 09/29/2005 | |
Corrected covers for AEB |
| 25 | | 10/05/2005 | |
Appellant's Reply Brief |
| 26 | | 10/05/2005 | |
E-FILED BRIEF - (RYB) |
| 27 | | 10/05/2005 | |
7 copies of RYB made in Clerk's Office |
| 28 | | 11/07/2005 | |
APPEARANCES: Scott K. Porsborg; LaRoy Baird III |
| 29 | | 11/07/2005 | |
ARGUED: Porsborg; Baird |
| 30 | | 11/07/2005 | |
ORAL ARGUMENT WEBCAST |
| 31 | | 03/29/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 32 | | 03/29/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 33 | | 03/29/2006 | |
Costs on appeal taxed in favor of Appellant |
| 34 | | 04/04/2006 | |
Judgment Mailed to Parties |
| 35 | | 05/05/2006 | |
MANDATE |
| 36 | | 05/10/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |