State ex rel. K.B. v. Bauer

20080092 State of North Dakota
ex rel. K.B., minor child, Plaintiff and Appellant
v.
Travis Bauer, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Child Support
Counsel:
Appellant: Marnie Renell Soggie
Appellant: Jackson John Lofgren
Appellee: Christopher Glenn Lindblad
Term: 10/2008   Argument: 10/07/2008  1:15pm
ND cite: 2009 ND 45
NW cite: 763 N.W.2d 462

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court erred as a matter of law when it failed to impute income to an unemployed child support obligor in an amount required by N.D. Admin. Code  75-02-04.1-07(3).
II. Whether the district court erred as a matter of law when it deviated from the North Dakota Child Support Guidelines for visitation expenses without first making a finding that a preponderance of the evidence established such a deviation was in the best interest of the child as required by N.D. Admin. Code  75-02-04.1-09(2)(i).
III. Whether the district court erred as a matter of law when it deducted visitation expenses directly from the child support obligation and not from the child support obligor's net income as required by N.D. Admin. Code  75-02-04.1-09(7).

Appellee's Statement of the Issues:
I. Whether the district court erred as a matter of law when it failed to impute income to an unemployed child support obligor in an amount required by N.D. Admin. Code  75-02-04.1-07(3).
II. Whether the district court erred as a matter of law when it deviated from the North Dakota Child Support Guidelines for visitation expenses without first making a finding that a preponderance of the evidence established such a deviation was in the best interest of the child as required by N.D. Admin. Code  75-02-04.1-09(2)(I).
III. Whether the district court erred as a matter of law when it deducted visitation expenses directly from the child support obligation and not from the child support obligor's net income as required by N.D. Admin. Code  75-02-04.1-09(7).

Add Docket 20080092 RSS Add Docket 20080092 RSS

Docket entries:
104/21/2008 NOTICE OF APPEAL: 04/17/2008
204/21/2008 ORDER FOR TRANSCRIPT: 04/17/2008
305/15/2008 RECORD ON APPEAL
406/03/2008 TRANSCRIPT DATED September 17, 2007
506/03/2008 DISK - tra (9-17-07) (e-mailed)
607/11/2008 APPELLANT BRIEF
707/11/2008 APPELLANT APPENDIX
807/14/2008 DISK ATB (e-mailed)
907/18/2008 Received 8 corrected cover pages.
1008/13/2008 APPELLEE BRIEF
1108/13/2008 E-FILED BRIEF (AEB)
1208/15/2008 Received $25 e-filing surcharge for AEB (receipt #18215).
1308/20/2008 Received copies of AEB from Central Duplicating Services
1408/27/2008 DISK - RYB (e-mailed)
1508/27/2008 REPLY BRIEF
1609/25/2008 Notice of Substitution of Counsel
1710/07/2008 APPEARANCES: Marnie R. Soggie; Christopher G. Lindblad
1810/07/2008 ARGUED: Soggie; Lindblad
1910/07/2008 ORAL ARGUMENT WEBCAST
2004/02/2009 DISPOSITION: AFFIRMED AND MODIFIED
2104/02/2009 UNANIMOUS OPINION: Crothers, Daniel John
2204/02/2009 At Court's direction, no costs will be taxed in this appeal
2304/06/2009 Judgment E-Mailed to Parties
2404/24/2009 MANDATE
2504/29/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/27/2014