Simon v. Simon

20050279 Gail Simon, Plaintiff
v.
Quentin Simon, Defendant

Appeal from: District Court, Southeast Judicial District, Foster County
Judge James M. Bekken
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Mark Samuel Douglas
Term: 12/2005   Argument: 12/13/2005  9:30am
ND cite: 2006 ND 29
NW cite: 709 N.W.2d 4

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Issues: Appellant's Statement of the Issues:
North Dakota law allows the child support obligations of Quentin Simon Sr. and Gail Simon to be offset when each parent has custody of one child, or when they equally share physical custody of their two children. Gail Simon's right to receive support from Quentin Sr. on behalf of their children was assigned to the State as reimbursement for the public assistance that she and the children received from the State. Should the offset occur during months when the right to receive child support has been assigned to the State and the parents' obligations are no longer mutual?

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Docket entries:
108/24/2005 NOTICE OF APPEAL: 08/12/2005
209/07/2005 RECORD ON APPEAL
309/14/2005 Clerk's Certificate of Record on Appeal in 03-C-018 which was cons. w/02-C-010 by the trial court
409/21/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
509/21/2005 E-FILED MOTION (MAT)
609/21/2005 ACTION BY CLERK. Granted: 10/03/2005
709/28/2005 Supplemental Clerk's Certificate dated 9-27-05 (Entry Nos. 32-36) and Supplemental Clerk's
809/28/2005 Certificate dated 9-27-05 in Foster Co. No. 03-C-018 (Entry Nos. 18-22)
909/29/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1009/29/2005 E-FILED MOTION (MAT)
1109/29/2005 ACTION BY CLERK. Granted: 10/10/2005
1209/30/2005 Affidavit of Service of MAT by mail
1310/05/2005 2nd Supplemental Clerk's Certificate dated 10-4-05 in #02-C-010 (Entries 37 & 38) and
1410/05/2005 2nd Supplemental Clerk's Certificate dated 10-4-05 in #03-C-018 (Entries 23 & 24)
1510/06/2005 APPELLANT BRIEF
1610/06/2005 APPELLANT APPENDIX (V. 1 & 2)
1710/07/2005 Motion to Waive Oral Argument (AT only) see ltr dtd 10-6-05
1810/10/2005 Amended 2nd Supplemental Clerk's Certificate dated 10-7-05 for 02-C-010 (Amended to include
1910/10/2005 Entry No. 39--Second Supplemental Clerk's Certificate of Record on Appeal)
2010/10/2005 Amended 2nd Supplemental Clerk's Certificate dated 10-7-05 for 03-C-018 (Amended to include
2110/10/2005 Entry No. 25--Second Supplemental Clerk's Certificate of Record on Appeal)
2210/10/2005 3rd Supplemental Clerk's Certificate of Record on Appeal in 02-C-010 (Entry Nos.40-42)
2310/10/2005 3rd Supplemental Clerk's Certificate of Record on Appeal in 03-C-018 (Entry Nos. 26-28)
2410/12/2005 Corrected covers for ATB & ATA and Amended NOA for ATA & Affidavit of Service by Mail
2510/12/2005 DISK - atb
2610/13/2005 Fourth Supplemental Clerk's Certificate of Record on Appeal in 02-C-00010 (entries 43-45 attach)
2710/13/2005 Fourth Supplemental Clerk's Certificate of Record on Appeal in 03-C-00018 (entries 29-31 attach)
2811/18/2005 ACTION BY SUPREME COURT (re Appellant's request to waive OA). Denied
2912/13/2005 APPEARANCES: Mark S. Douglas
3012/13/2005 ARGUED: Douglas
3112/13/2005 ORAL ARGUMENT WEBCAST
3201/31/2006 DISPOSITION: AFFIRMED
3301/31/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
3402/02/2006 Judgment Mailed to Parties
3503/02/2006 MANDATE
3603/06/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3707/07/2011 Corrected/Substitute Opinion Page 4

Generated from Supreme Court Docket on 07/28/2014