Verhey v. McKenzie

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

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary H. Lee
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Richard B. Baer
Appellee: Slorby Law Office
Term: 09/2008   Argument: 09/03/2008  9:30am
ND cite: 2009 ND 35
NW cite: 763 N.W.2d 113

Listen to recording of oral argument in MP3 format

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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Docket entries:
108/21/2007 NOTICE OF APPEAL: 08/20/2007
208/21/2007 ORDER FOR TRANSCRIPT: 08/20/2007
308/29/2007 Acknowledgment of order for transcript and request to retain record: 10/09/2007
409/04/2007 NOTICE OF CROSS APPEAL (filed in trial ct. 8/30/07).
510/04/2007 TRANSCRIPT DATED April 17, 2007
610/04/2007 DISK - tra (4-17-07) (e-mail)
710/05/2007 Certificate of Service of TRA dated 10-4-07
810/08/2007 RECORD ON APPEAL w/Separates (Entry Nos. 35, 36, 73, & 101-120)
910/17/2007 Referred by Clerk's Office--Appealability
1010/17/2007 ACTION BY CHIEF JUSTICE (MCL). Granted
1110/17/2007 ORDER OF REMAND
1210/18/2007 Order of Remand Mailed to Parties, trial court, clerk
1310/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1403/27/2008 RECORD ON APPEAL (2 vols. & separates 35, 36, 73, 101-120)
1503/27/2008 Reset due date for ATB after remand
1603/27/2008 Reset due date for ATB after remand. Granted: 04/28/2008
1704/18/2008 APPELLANT BRIEF
1804/18/2008 APPELLANT APPENDIX
1902/21/2008 DISK - atb (e-mailed)
2004/22/2008 Corrected cover pages for ATB & ATA, corrected TOA for ATB, & corrected p. 6 for ATB
2105/16/2008 APPELLEE BRIEF
2205/27/2008 Corrected table of authorities and corrected pp. 5 & 6 of AEB
2305/27/2008 DISK - AEB
2405/27/2008 Affidavit of Mailing of corrections
2509/03/2008 APPEARANCES: Richard B. Baer; Tom P. Slorby
2609/03/2008 ARGUED: Baer; Slorby
2709/03/2008 ORAL ARGUMENT WEBCAST
2804/02/2009 DISPOSITION: REVERSED AND REMANDED
2904/02/2009 UNANIMOUS OPINION: Crothers, Daniel John
3004/02/2009 Costs on appeal taxed in favor of appellant
3104/03/2009 Judgment E-Mailed to Parties
3204/08/2009 Corrected Opinion Page 2
3304/28/2009 MANDATE
3405/06/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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