Nuveen v. Nuveen
Michiel James Nuveen, Plaintiff and Appellant
Elizabeth Ann Nuveen, Defendant and Appellee
Northeast Central Judicial District,
Judge Karen Kosanda Braaten
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||10/2012  Argument: 10/08/2012|
|ND cite:||2012 ND 260|
825 N.W.2d 863
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20120246 RSS|
|1||05/16/2012 NOTICE OF APPEAL: 05/14/2012|
|2||05/16/2012 ORDER FOR TRANSCRIPT: 05/14/2012|
|3||05/25/2012 Originally certified in 20120080, will be retained for this appeal|
|4||06/18/2012 ELEC. SUPP. RECORD ON APPEAL DATED 06/15/2012 (ENTRY NOS.329-352)|
|5||06/21/2012 TRANSCRIPT DATED DECEMBER 2, 2011, & C.O.S.|
|6||06/21/2012 DISK-tra (12/2/11) e-mailed|
|7||06/29/2012 ORDER FOR TRANSCRIPT (12/23/10, does not affect briefing schedule): 06/29/2012|
|8||07/24/2012 Rec'd Order Granting Extension of Time to File Transcript (12/23/10) to July 28, 2012|
|9||07/24/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED July 24, 2012 (ENTRY NOS.353-366)|
|10||07/27/2012 Acknowledgment of OTR from Michelle Bredemeier|
|11||07/28/2012 TRANSCRIPT DATED 12/23/2010 & C.O.S.|
|12||07/30/2012 DISK-Transcript dated 12/23/2010 (e-mailed)|
|13||07/27/2012 APPELLANT BRIEF|
|14||07/27/2012 E-FILED BRIEF|
|15||07/27/2012 APPELLANT APPENDIX|
|16||07/27/2012 E-FILED APPENDIX|
|17||07/30/2012 Received $25 surcharge for ATB (Receipt @21277)|
|18||07/31/2012 3rd ELEC. SUPP. RECORD ON APPEAL DATED July 31, 2012 (ENTRY NOS.367-373)|
|19||08/07/2012 Rec'd 7 copies of ATB from CSD|
|20||08/07/2012 Rec'd 6 copies of ATA from CSD|
|21||08/23/2012 APPELLEE BRIEF (PDF)|
|22||08/23/2012 E-FILED BRIEF|
|23||08/23/2012 APPELLEE APPENDIX|
|24||08/23/2012 E-FILED APPENDIX|
|25||08/27/2012 Rec'd $25 surcharge for AEB (Receipt #21471)|
|26||08/28/2012 Rec'd copies of AEB from CSD|
|27||08/28/2012 Rec'd copies of AEA from CSD|
|28||08/30/2012 REPLY BRIEF|
|29||08/30/2012 E-FILED BRIEF|
|30||09/07/2012 Received 7 copies of RYB from Central Duplicating|
|31||09/17/2012 NOTICE OF ORAL ARGUMENT SENT|
|32||10/02/2012 ROA certified in 20120080 transferred to this appeal, including Docket #91 sent by U.S. Mail|
|33||10/08/2012 APPEARANCES: Patti Jensen/Scott Jensen|
|34||10/08/2012 ARGUED: P. Jensen/S. Jensen|
|35||10/08/2012 ORAL ARGUMENT WEBCAST|
|36||12/18/2012 DISPOSITION: AFFIRMED|
|37||12/18/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|38||12/18/2012 CONCUR IN THE RESULT: Sandstrom, Dale V.: CON/RES|
|39||12/18/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE|
|40||12/19/2012 Judgment Sent to Parties|
|42||01/30/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|