Krueger v. Krueger

20070196 Shirley Krueger, Plaintiff and Appellee
v.
Albert Krueger, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Sheridan County
Judge Sonna M. Anderson
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Eaton, Ward & Associates
Appellee: #David R. Bliss, L.L.C.
Term: 12/2007   Argument: 12/04/2007  10:45am
ND cite: 2008 ND 90
NW cite: 748 N.W.2d 671

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Should the court have allowed permanent alimony in the amount of $1,500.00 per month for (10) ten years and $1,000.00 per month thereafter?
1. Unfairness of result
2. That the income does not support such a result.
3. In the property settlement most of the debt went to Albert.
4. Resulting in serious cash flow problem.
II. The the court should have taken into account the debts for purchasing farm equipment from the estate in determining the split instead of assessing them to Albert and not counting them in the split even though the equipment purchased is part of the equipment which must be split and sold with both receiving one half of the proceeds?

Appellee's Statement of the Issues:
I.The trial court did not err when it awarded Shirley permanent spousal support.
A.The trial court correctly awarded Shirley permanent rather than rehabilitative spousal support.
B.Albert's substantial income from his three tax offices supports the trial court's award to Shirley of $1,500 for ten years and $1,000 per month thereafter.
C.Albert can earn substantial income from his life estate interest and future fee simple interest in 918 acres from his parents' estate, from which Shirley received no portion in the trial court's order for judgment.
II.The trial court did not err in its asset and debt distribution.
A.The trial court properly took into account all of Albert's estate-related assets and debts and assigned them to Albert, and awarded Shirley neither estate assets nor its debts.
B.The trial court awarded all estate assets and debts to Albert, in part because of its skepticism that Albert had not managed his parents' trust assets properly.
C.The trial court's division of farm assets will not hinder Albert's continued ability to make a living and pay spousal support.


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Docket entries:
106/29/2007 NOTICE OF APPEAL: 06/26/2007
207/25/2007 ORDER FOR TRANSCRIPT: 06/06/2007
307/25/2007 MOT. EXT/TIME APPELLANT BRIEF (to 40 days after transcript is filed)
407/25/2007 ACTION BY Chief Deputy Clerk (ATB due 40 days after transcript is filed). Granted
507/26/2007 TRANSCRIPTS DATED 2/20/07 & 2/21/07
607/26/2007 DISK-TRA (2/20/07 & 2/21/07)
707/26/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
808/07/2007 RECORD ON APPEAL & Exhibits
908/20/2007 MOT. EXT/TIME APPELLANT BRIEF
1008/20/2007 ACTION BY CLERK. Granted: 09/24/2007
1109/24/2007 APPELLANT BRIEF (PDF)
1209/24/2007 E-FILED BRIEF (ATB - PDF)
1309/24/2007 APPELLANT APPENDIX
1409/24/2007 E-FILED APPENDIX (AX1)
1509/25/2007 Received $25 for efiled ATB and Appendix Receipt #17851
1609/26/2007 Received $13.50 for efiling surcharge for Appendix in excess of 100 pages; receipt 17852
1709/28/2007 Received 7 copies of ATB from Central Duplicating
1809/28/2007 Received 6 copies of ATA from Central Duplicating
1910/03/2007 MOT. EXT/TIME APPELLEE BRIEF (MAE date reset due to service of Appellant's Brief and Appendix)
2010/03/2007 ACTION BY CHIEF DEPUTY CLERK (MAE date reset due to service of Appellant's Brief and Appendix). Granted: 10/31/2007
2110/24/2007 MOT. EXT/TIME APPELLEE BRIEF
2210/24/2007 ACTION BY CLERK (MAE). Granted: 11/13/2007
2311/13/2007 APPELLEE BRIEF (e-filed)
2411/13/2007 E-FILED BRIEF (AEB)
2511/13/2007 APPELLEE APPENDIX
2611/15/2007 Received $25 surcharge for AEB (Receipt #17914)
2711/20/2007 Received 7 copies of AEB from Central Duplicating
2811/26/2007 REPLY BRIEF (PDF)(e-filed)
2911/26/2007 Addendum to RYB
3011/26/2007 E-FILED BRIEF (RYB) (PDF)
3111/29/2007 Received 7 copies of RYB from Central Duplicating
3212/04/2007 APPEARANCES: Michael Ward, Albert Krueger; David R. Bliss, Shirley Krueger
3312/04/2007 ARGUED: Ward, Bliss
3412/04/2007 ORAL ARGUMENT WEBCAST
3505/15/2008 DISPOSITION: AFFIRMED
3605/15/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
3705/15/2008 Costs on appeal taxed in favor of appellee
3805/16/2008 Judgment Mailed to Parties
3906/06/2008 MANDATE
4006/13/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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