Ebach v. Ebach

20080057 Lana K. Ebach, Plaintiff and Appellee
v.
Donald M. Ebach, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce B. Haskell
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: #Bair, Bair & Garrity, LLP
Term: 09/2008   Argument: 09/08/2008  9:30am
ND cite: 2008 ND 187
NW cite: 757 N.W.2d 34

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Did Judge Haskell err when he ruled that Donald's retirement wasn't a significant change in circumstances justifying elimination or reduction of spousal support?
II.Did Judge Haskell err when he ruled that cancer of the prostate, prostate surgery and Donald's current health are not to be considered a significant change in circumstances, justifying elimination or reduction of Donald's child support?

Appellee's Statement of the Issues:
1:The facts that Donald reached age 65 and is retired, by themselves, do not establish a material change in circumstances to warrant a reduction or elimination of his obligation to pay spousal support.
2:Given that Donald has the ability to pay spousal support, his health has not deteriorated and that Lana's health has deteriorated and Lana has shown a continuing need for spousal support, the trial court did not err when it determined that Donald had not shown a material change in circumstances to justify the reduction or elimination of spousal support.

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Docket entries:
102/27/2008 NOTICE OF APPEAL: 02/26/2008
202/27/2008 ORDER FOR TRANSCRIPT (Lisa Schmidt): 02/26/2008
303/27/2008 RECORD ON APPEAL (2 Volumes) & separates (Entry Nos. 55 (original tra only), 87 & 88).
403/27/2008 Not rec'd w/the ROA were Entry Nos. 11, 12, copy of tran. for Entry No. 55 & Def. Ex. 14 (tape).
504/09/2008 TRANSCRIPT DATED December 28, 2007
604/09/2008 DISK - tra (12-28-07) (e-mailed)
704/09/2008 Certificate of Service of TRA
805/09/2008 APPELLANT BRIEF
905/09/2008 APPELLANT APPENDIX
1005/13/2008 Received Corrected Table of Authorities and pages for ATB
1105/16/2008 DISK - ATB (e-mailed)
1206/04/2008 APPELLEE BRIEF
1306/04/2008 DISK (AEB) e-mailed
1409/08/2008 APPEARANCES: Benjamin C. Pulkrabek, Donald M. Ebach; Patricia E. Garrity, Lana K. Ebach
1509/08/2008 ARGUED: Pulkrabek; Garrity
1609/08/2008 ORAL ARGUMENT WEBCAST
1710/22/2008 DISPOSITION: REVERSED AND REMANDED
1810/22/2008 UNANIMOUS OPINION: Crothers, Daniel John
1910/22/2008 Costs on appeal taxed in favor of appellant
2010/23/2008 Judgment Mailed to Parties
2111/17/2008 MANDATE
2211/19/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/24/2014