Becker v. Becker
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| 20100225 |
Ricky C. Becker, Plaintiff and Appellant
v.
Jill M. Becker, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Sonna M. Anderson |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2011 Argument: 01/31/2011 09:00am
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| ND cite: |
2011 ND 107
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| NW cite: |
799 N.W.2d 53
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court commit error in computing the respective incomes of Rick and Jill?
2. Did the Trial Court commit error in finding Jill owed no child support because of an erroneous calculation that her income was less than one third of Ricks?
3. Was Jill such a disadvantaged party that under the Fisher-Ruff Guidelines that she
was entitled to permanent spousal support?
4. Should the Court have addressed the issue of whether lifetime support would terminate upon Jill's cohabitation?
Appellee's Statement of the Issues:
A. If supported by the evidence, did the court err in computing the parties' income?
B. Did the court err by failing to require Jill to return to employment she had not had in 20 years and for which she was unlicensed and unsuited?
C. If the court applied the Ruff-Fischer factors was it error to describe Ms. Becker as a disadvantaged spouse?
D. If requested, must all spousal support discontinue upon cohabitation as a matter of law?
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| 1 | | 07/16/2010 | |
NOTICE OF APPEAL: 07/14/2010 |
| 2 | | 07/16/2010 | |
ORDER FOR TRANSCRIPT: 07/14/2010 |
| 3 | | 07/25/2010 | |
RETENTION OF RECORD ON APPEAL and acknowledgment of order for transcript: 09/02/2010 |
| 4 | | 08/27/2010 | |
TRANSCRIPT DATED September 21, 2009 & C.O.S. |
| 5 | | 08/27/2010 | |
DISK - tra (9-21-09) (e-mailed) |
| 6 | | 08/31/2010 | |
RECORD ON APPEAL and separates nos. 52 & 58 |
| 7 | | 09/01/2010 | |
Received $125 filing fee (Receipt #19794). |
| 8 | | 10/06/2010 | |
APPELLANT BRIEF |
| 9 | | 10/06/2010 | |
APPELLANT APPENDIX (2 volumes, 7 copies of each rec'd) |
| 10 | | 10/06/2010 | |
DISK - ATB (e-mailed) |
| 11 | | 11/03/2010 | |
APPELLEE BRIEF (e-filed) |
| 12 | | 11/03/2010 | |
E-FILED BRIEF (AEB) |
| 13 | | 11/04/2010 | |
Rec'd $25.00 AEB e-filing surcharge fee. (receipt no. 20042) |
| 14 | | 11/08/2010 | |
Rec'd 7 copies of AEB from Central Duplicating. |
| 15 | | 11/16/2010 | |
REPLY BRIEF |
| 16 | | 11/17/2010 | |
DISK-RYB (E-MAILED) |
| 17 | | 12/14/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 18 | | 01/31/2011 | |
APPEARANCES: Irvin B. Nodland; Sherry Mills Moore |
| 19 | | 01/31/2011 | |
ARGUED: Irvin B. Nodland; Sherry Mills Moore |
| 20 | | 01/31/2011 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 06/21/2011 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 22 | | 06/21/2011 | |
SPLIT OPINION: Crothers, Daniel John |
| 23 | | 06/21/2011 | |
(CONCUR AND DISSENT): Sandstrom, Dale V.: CON/DIS |
| 24 | | 06/21/2011 | |
Neither party have and recover costs and disbursements in this appeal. |
| 25 | | 06/23/2011 | |
Judgment Sent to Parties |
| 26 | | 07/21/2011 | |
MANDATE |
| 27 | | 11/16/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |