Rothberg v. Rothberg

20050198 Patricia J. Rothberg, Plaintiff, Appellee
and Cross-Appellant
v.
Charles S. Rothberg, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Smith Bakke Porsborg Schweigert & Armstrong
Appellee: LaRoy Baird, P.C.
Term: 11/2005   Argument: 11/07/2005  1:30pm
ND cite: 2006 ND 65
NW cite: 711 N.W.2d 219

Listen to recording of oral argument in MP3 format

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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Docket entries:
106/13/2005 NOTICE OF APPEAL: 06/10/2005
206/13/2005 ORDER FOR TRANSCRIPT: 06/10/2005
306/21/2005 NOTICE OF CROSS APPEAL
406/28/2005 TRANSCRIPT DATED May 2, 2005
506/28/2005 DISK - TRA (5-2-05) (e-mailed)
607/01/2005 RECORD ON APPEAL & separates, incl. Depositions(2), exhibits (not rec'd: Cert. Nos. 45, 82 (Ct.
707/01/2005 Reporter's Notes), and 64-65 (Tapes)
808/03/2005 MOT. EXT/TIME APPELLANT BRIEF & Brief/Support(faxed)
908/03/2005 E-FILED MOTION (MAT)
1008/03/2005 ACTION BY CLERK. Granted: 08/23/2005
1108/23/2005 APPELLANT BRIEF
1208/23/2005 E-FILED BRIEF (ATB)
1308/23/2005 APPELLANT APPENDIX
1408/23/2005 E-FILED APPENDIX (ATA)
1508/24/2005 Received $53.50 surcharge for ATB and ATA (Receipt #16270)
1608/25/2005 Received additional $3.00 surcharge for appellant's Appendix (Receipt 16271)
1709/13/2005 7 cc of ATB from Central Duplicating
1809/13/2005 6 cc of ATA from Central Duplicating
1909/23/2005 APPELLEE BRIEF
2009/23/2005 APPELLEE APPENDIX
2109/23/2005 DISK - AEB
2209/29/2005 MOT. EXT/TIME APPELLEE BRIEF
2309/29/2005 ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 09/23/2005
2409/29/2005 Corrected covers for AEB
2510/05/2005 Appellant's Reply Brief
2610/05/2005 E-FILED BRIEF - (RYB)
2710/05/2005 7 copies of RYB made in Clerk's Office
2811/07/2005 APPEARANCES: Scott K. Porsborg; LaRoy Baird III
2911/07/2005 ARGUED: Porsborg; Baird
3011/07/2005 ORAL ARGUMENT WEBCAST
3103/29/2006 DISPOSITION: REVERSED AND REMANDED
3203/29/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
3303/29/2006 Costs on appeal taxed in favor of Appellant
3404/04/2006 Judgment Mailed to Parties
3505/05/2006 MANDATE
3605/10/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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