Nuveen v. Nuveen

20120246 Michiel James Nuveen, Plaintiff and Appellant
v.
Elizabeth Ann Nuveen, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Nelson County
Judge Karen Kosanda Braaten
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Patti Jo Jensen
Appellee: Scott David Jensen
Term: 10/2012   Argument: 10/08/2012  2:45pm
ND cite: 2012 ND 260
NW cite: 825 N.W.2d 863

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 in deviating from the presumptive amount of child support to be paid from the plaintiff to the defendant where there was no correlation between the amount of the deviation and the appropriate needs of the children for increased support.
II. Whether the district court erred as a matter of law in ordering the deviation after having offset the split primary residential responsibility child support obligations.
III. Whether the district court abused its discretion in denying Michiel's Rule 59 motion because the decision to deviate was induced by a misapplication of the law.

REPLY BRIEF ISSUES
I.Whether the proper standard of review of the district court's decision to deviate from the presumptive amount of child support with no correlation to those needs and the amount of the deviation is de novo.
II.Whether the proper standard of review of the district court's decision to determine the appropriate amount to deviate following the offset of the split residential responsibility child support obligations is de novo.

Appellee's Statement of the Issues:
I. The District Court Did Not Err In Providing A Deviation From The Guidelines Support Amount In Light Of Dr. Nuveen's Income And The Best Interests Of The Children.
II. The District Court Did Not Err By Ordering The Deviation Or Departure Through An Offset.
III. The District Court Did Not Abuse Its Discretion In Denying The Rule 59 Motion.

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Docket entries:
105/16/2012 NOTICE OF APPEAL: 05/14/2012
205/16/2012 ORDER FOR TRANSCRIPT: 05/14/2012
305/25/2012 Originally certified in 20120080, will be retained for this appeal
406/18/2012 ELEC. SUPP. RECORD ON APPEAL DATED 06/15/2012 (ENTRY NOS.329-352)
506/21/2012 TRANSCRIPT DATED DECEMBER 2, 2011, & C.O.S.
606/21/2012 DISK-tra (12/2/11) e-mailed
706/29/2012 ORDER FOR TRANSCRIPT (12/23/10, does not affect briefing schedule): 06/29/2012
807/24/2012 Rec'd Order Granting Extension of Time to File Transcript (12/23/10) to July 28, 2012
907/24/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED July 24, 2012 (ENTRY NOS.353-366)
1007/27/2012 Acknowledgment of OTR from Michelle Bredemeier
1107/28/2012 TRANSCRIPT DATED 12/23/2010 & C.O.S.
1207/30/2012 DISK-Transcript dated 12/23/2010 (e-mailed)
1307/27/2012 APPELLANT BRIEF
1407/27/2012 E-FILED BRIEF
1507/27/2012 APPELLANT APPENDIX
1607/27/2012 E-FILED APPENDIX
1707/30/2012 Received $25 surcharge for ATB (Receipt @21277)
1807/31/2012 3rd ELEC. SUPP. RECORD ON APPEAL DATED July 31, 2012 (ENTRY NOS.367-373)
1908/07/2012 Rec'd 7 copies of ATB from CSD
2008/07/2012 Rec'd 6 copies of ATA from CSD
2108/23/2012 APPELLEE BRIEF (PDF)
2208/23/2012 E-FILED BRIEF
2308/23/2012 APPELLEE APPENDIX
2408/23/2012 E-FILED APPENDIX
2508/27/2012 Rec'd $25 surcharge for AEB (Receipt #21471)
2608/28/2012 Rec'd copies of AEB from CSD
2708/28/2012 Rec'd copies of AEA from CSD
2808/30/2012 REPLY BRIEF
2908/30/2012 E-FILED BRIEF
3009/07/2012 Received 7 copies of RYB from Central Duplicating
3109/17/2012 NOTICE OF ORAL ARGUMENT SENT
3210/02/2012 ROA certified in 20120080 transferred to this appeal, including Docket #91 sent by U.S. Mail
3310/08/2012 APPEARANCES: Patti Jensen/Scott Jensen
3410/08/2012 ARGUED: P. Jensen/S. Jensen
3510/08/2012 ORAL ARGUMENT WEBCAST
3612/18/2012 DISPOSITION: AFFIRMED
3712/18/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.
3812/18/2012 CONCUR IN THE RESULT: Sandstrom, Dale V.: CON/RES
3912/18/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
4012/19/2012 Judgment Sent to Parties
4101/25/2013 MANDATE
4201/30/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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