Verhey v. McKenzie
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| 20070234 |
Jeffrey T. Verhey, Plaintiff, Appellee, and Cross-Appellant
v.
Jacquelyn K. McKenzie, f/k/a
Jacquelyn K. McKenzie-Verhey, Defendant, Appellant, and Cross-Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary H. Lee |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2008 Argument: 09/03/2008 9:30am
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| ND cite: |
2009 ND 35
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| NW cite: |
763 N.W.2d 113
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Did the lower court err in its application of the law governing child support computations based upon the facts of this case?
II.Is Ms. McKenzie underemployed?
III.If Ms. McKenzie is underemployed, how is her child support obligation to be determined?
IV.Was there abuse of discretion by the lower court?
Appellee's Statement of the Issues:
I. Did the lower court err in its application of the law governing child support computations based upon the facts of this case?
II. Is Ms. McKenzie underemployed?
III.If Ms. McKenzie is underemployed, how is her child support obligation to be determined?
IV.Was there abuse of discretion by the lower court?
V. Did Ms. McKenzie make a voluntary change in employment resulting in reduction of income?
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| 1 | | 08/21/2007 | |
NOTICE OF APPEAL: 08/20/2007 |
| 2 | | 08/21/2007 | |
ORDER FOR TRANSCRIPT: 08/20/2007 |
| 3 | | 08/29/2007 | |
Acknowledgment of order for transcript and request to retain record: 10/09/2007 |
| 4 | | 09/04/2007 | |
NOTICE OF CROSS APPEAL (filed in trial ct. 8/30/07). |
| 5 | | 10/04/2007 | |
TRANSCRIPT DATED April 17, 2007 |
| 6 | | 10/04/2007 | |
DISK - tra (4-17-07) (e-mail) |
| 7 | | 10/05/2007 | |
Certificate of Service of TRA dated 10-4-07 |
| 8 | | 10/08/2007 | |
RECORD ON APPEAL w/Separates (Entry Nos. 35, 36, 73, & 101-120) |
| 9 | | 10/17/2007 | |
Referred by Clerk's Office--Appealability |
| 10 | | 10/17/2007 | |
ACTION BY CHIEF JUSTICE (MCL). Granted |
| 11 | | 10/17/2007 | |
ORDER OF REMAND |
| 12 | | 10/18/2007 | |
Order of Remand Mailed to Parties, trial court, clerk |
| 13 | | 10/23/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 14 | | 03/27/2008 | |
RECORD ON APPEAL (2 vols. & separates 35, 36, 73, 101-120) |
| 15 | | 03/27/2008 | |
Reset due date for ATB after remand |
| 16 | | 03/27/2008 | |
Reset due date for ATB after remand. Granted: 04/28/2008 |
| 17 | | 04/18/2008 | |
APPELLANT BRIEF |
| 18 | | 04/18/2008 | |
APPELLANT APPENDIX |
| 19 | | 02/21/2008 | |
DISK - atb (e-mailed) |
| 20 | | 04/22/2008 | |
Corrected cover pages for ATB & ATA, corrected TOA for ATB, & corrected p. 6 for ATB |
| 21 | | 05/16/2008 | |
APPELLEE BRIEF |
| 22 | | 05/27/2008 | |
Corrected table of authorities and corrected pp. 5 & 6 of AEB |
| 23 | | 05/27/2008 | |
DISK - AEB |
| 24 | | 05/27/2008 | |
Affidavit of Mailing of corrections |
| 25 | | 09/03/2008 | |
APPEARANCES: Richard B. Baer; Tom P. Slorby |
| 26 | | 09/03/2008 | |
ARGUED: Baer; Slorby |
| 27 | | 09/03/2008 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 04/02/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 29 | | 04/02/2009 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 30 | | 04/02/2009 | |
Costs on appeal taxed in favor of appellant |
| 31 | | 04/03/2009 | |
Judgment E-Mailed to Parties |
| 32 | | 04/08/2009 | |
Corrected Opinion Page 2 |
| 33 | | 04/28/2009 | |
MANDATE |
| 34 | | 05/06/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |