Dronen v. Dronen
Timothy Dronen, Plaintiff and Appellant
Nancy Dronen, Defendant and Appellee
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||12/2008  Argument: 12/22/2008|
|ND cite:||2009 ND 70|
764 N.W.2d 675
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Awarding custody of the parties' youngest child to the defendant was not in best interests and welfare of the child.
a.The circumstances of the case did not support the trial court's decision to split custody of the parties' three minor children.
2.The trial court's division of property and debts between the parties was clearly erroneous.
a.The trial court should have awarded plaintiff a greater distribution of the marital estate based upon the value of the property he brought into the marriage.
b.The Court failed to award Tim a greater share of the marital estate in lieu of spousal support to compensate for Nancy's substantially higher earnings and benefits.
c.The trial court excluded from the marital estate the $260,000.00 debt owed by the parties to plaintiff's mother.
d.The trial court's decision that plaintiff pay $430,955.10 in marital debt, the remaining $166,000.00 debt to his mother, a property settlement of $332,842.90 to defendant over a period of ten (10) years at 6% interest, while raising two teenagers on a yearly net income of $13,272.00 is grossly inequitable.
e.The trial court should have awarded Tim a share of Nancy's FERS Annuity based on the Bullock formula, or valued the asset to Nancy based upon the projected benefits and not on Nancy's cash contributions.
3.The trial court failed to apply the law when it awarded defendant attorney fees, but not the plaintiff.
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|1||05/12/2008 NOTICE OF APPEAL: 05/09/2008|
|2||05/12/2008 ORDER FOR TRANSCRIPT: 05/09/2008|
|3||05/19/2008 Acknowledgment of Order for Transcript and request for advance payment|
|4||06/26/2008 Transcripts dated October 31, 2007, November 1, 2007, and November 2, 2007.|
|5||06/26/2008 DISK-TRA (10/31/07, 11/01/07, & 11/02/07)|
|6||06/26/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.|
|7||06/30/2008 TRANSCRIPT DATED November 5, 2007|
|8||06/30/2008 DSK - TRA dated 11/5/07 (e-mailed)|
|9||06/30/2008 Certificate of Service of copies of transcript dated 11/5/07|
|10||07/01/2008 Record on Appeal and Exhibits. Not received were Clerk's Certificate Nos. 49 and 115 (steno notes)|
|11||08/04/2008 MOT. EXT/TIME APPELLANT BRIEF (Faxed)|
|12||08/04/2008 ACTION BY CLERK (MAT). Granted: 09/08/2008|
|13||09/08/2008 Clerk's Supp. Cert. of Record dated Sept. 5, 2008, w/ entries 162-168 attach; not rec'd 159-161|
|14||09/08/2008 APPELLANT APPENDIX|
|15||09/12/2008 Clerk's Second Supp. Cert. of Record dated September 11, 2008, with entries 159-161, 169-170|
|16||09/15/2008 Corrected p.iii for Appellant's Appendix|
|17||09/15/2008 APPELLANT BRIEF|
|18||09/15/2008 Certificate of Service of ATB|
|19||09/19/2008 Rec'd corrected p.15 & electronic copy of ATB|
|20||09/19/2008 DISK-ATB (ELECTRONIC)|
|21||09/30/2008 MOT. EXT/TIME APPELLEE BRIEF (In letter form)|
|22||09/30/2008 ACTION BY CLERK - MAE (w/understanding on December Term). Granted: 11/17/2008|
|23||11/13/2008 MOT. EXT/TIME APPELLEE BRIEF (In letter form)|
|24||11/13/2008 Objections to Appellee's request for extension of time|
|25||11/13/2008 ACTION BY CHIEF JUSTICE - MAE. Granted: 11/24/2008|
|26||11/24/2008 APPELLEE APPENDIX|
|27||11/24/2008 E-FILED APPENDIX - AEA|
|28||11/24/2008 APPELLEE BRIEF|
|29||11/24/2008 E-FILED BRIEF - AEB|
|30||11/25/2008 Receipt for Surcharge for AEB & AEA (Receipt #18628)|
|31||12/02/2008 Received 7 copies of AEB from Central Duplicating|
|32||12/02/2008 Received 6 copies of AEA from Central Duplicating|
|33||12/05/2008 E-FILED MOTION (Mot/Ext/RYB) (faxed letter from Brenda Neubauer)|
|34||12/05/2008 MOT. EXT/TIME REPLY BRIEF (faxed letter from Brenda Neubauer)|
|35||12/05/2008 ACTION BY CLERK (MRY). Granted: 12/15/2008|
|36||12/15/2008 REPLY BRIEF|
|37||12/15/2008 DISK - RYB (e-mailed)|
|38||12/22/2008 APPEARANCES: Brenda A. Neubauer; Suzanne M. Schweigert|
|39||12/22/2008 ARGUED: Neubauer; Schweigert|
|40||12/22/2008 ORAL ARGUMENT WEBCAST|
|41||04/30/2009 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT|
|42||04/30/2009 SPLIT OPINION: Maring, Mary Muehlen|
|43||04/30/2009 DISSENTING: Sandstrom, Dale V.: DISSENT|
|44||04/30/2009 neither party shall recover costs and disbursements on this appeal under Rule 39, N.D.R.App.P.|
|45||05/04/2009 Judgment Mailed to Parties|
|47||06/02/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|