Becker v. Becker

20100225 Ricky C. Becker, Plaintiff and Appellant
v.
Jill M. Becker, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Irvin B. Nodland
Appellee: Sherry Mills Moore
Term: 01/2011   Argument: 01/31/2011  9:00am
ND cite: 2011 ND 107
NW cite: 799 N.W.2d 53

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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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Docket entries:
107/16/2010 NOTICE OF APPEAL: 07/14/2010
207/16/2010 ORDER FOR TRANSCRIPT: 07/14/2010
307/25/2010 RETENTION OF RECORD ON APPEAL and acknowledgment of order for transcript: 09/02/2010
408/27/2010 TRANSCRIPT DATED September 21, 2009 & C.O.S.
508/27/2010 DISK - tra (9-21-09) (e-mailed)
608/31/2010 RECORD ON APPEAL and separates nos. 52 & 58
709/01/2010 Received $125 filing fee (Receipt #19794).
810/06/2010 APPELLANT BRIEF
910/06/2010 APPELLANT APPENDIX (2 volumes, 7 copies of each rec'd)
1010/06/2010 DISK - ATB (e-mailed)
1111/03/2010 APPELLEE BRIEF (e-filed)
1211/03/2010 E-FILED BRIEF (AEB)
1311/04/2010 Rec'd $25.00 AEB e-filing surcharge fee. (receipt no. 20042)
1411/08/2010 Rec'd 7 copies of AEB from Central Duplicating.
1511/16/2010 REPLY BRIEF
1611/17/2010 DISK-RYB (E-MAILED)
1712/14/2010 NOTICE OF ORAL ARGUMENT SENT
1801/31/2011 APPEARANCES: Irvin B. Nodland; Sherry Mills Moore
1901/31/2011 ARGUED: Irvin B. Nodland; Sherry Mills Moore
2001/31/2011 ORAL ARGUMENT WEBCAST
2106/21/2011 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2206/21/2011 SPLIT OPINION: Crothers, Daniel John
2306/21/2011 (CONCUR AND DISSENT): Sandstrom, Dale V.: CON/DIS
2406/21/2011 Neither party have and recover costs and disbursements in this appeal.
2506/23/2011 Judgment Sent to Parties
2607/21/2011 MANDATE
2711/16/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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