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Bickel v. Bickel

Docket No. 20200026
Oral Argument: Wednesday, September 2, 2020 2:45 PM

Docket Info

Title
Sabrina Bickel, Plaintiff and Appellant
v.
Matthew Bickel, Defendant and Appellee
and
State of North Dakota, Statutory Real Party in Interest
and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-00466
East Central Judicial District, Cass County
Steven L. Marquart
2020 ND 212949 N.W.2d 832
Oral Argument 9/2/2020

Highlight

If the district court finds certain past income is an unreliable indicator of the obligor’s future income, the court must explain why the income it utilized in determining the child support obligation was appropriate.

If the district court bases a child support obligation on an income earned in less than a 12-month period, the court must explain why it did not utilize the evidence it had to extrapolate an income for a 12-month period.

Pursuant to N.D. Admin. Code § 75-02-04.1-02(9), each child support order must include a statement of the net income of the obligor used to determine the child support obligation, and how that net income was determined.

Generally, a modification of child support should be made effective from the date of the motion to modify, absent good reason to set some other date.

If the district court grants a movant relief on a motion to compel discovery, either in whole or in part, and the movant requests attorney’s fees, the court must consider whether an award of attorney’s fees is appropriate under N.D.R.Civ.P. 37(a)(5).

Briefs

Filing Date Description
05/13/2020 APPELLANT BRIEF View
06/12/2020 APPELLEE BRIEF (Bickel) View
06/12/2020 APPELLEE BRIEF (State) View
06/26/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Tracy JoHanna Lyson - 06138
APPELLANT PRIVATE PRACTICE Jerilynn Brantner Adams - 05102
APPELLEE CHILD SUP. ENFORCEMENT Adair Riopelle Boening - 03769

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/30/2020 NOTICE OF APPEAL : 01/30/2020
2 01/30/2020 ORDER FOR TRANSCRIPT : 02/03/2020
3 02/03/2020 Rec'd $125 filing fee (receipt 27512)
4 02/03/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/03/2020 Notice served on Jerilynn Brantner Adams, Tracy JoHanna Lyson and Adair Riopelle Boening
6 03/02/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 28, 2020 (ENTRY NOS. #1 - #458)
7 04/03/2020 ELECTRONIC TRANSCRIPT DATED JULY 29, 2019
8 04/03/2020 ELECTRONIC TRANSCRIPT DATED AUGUST 28, 2019
9 04/03/2020 ELECTRONIC TRANSCRIPT DATED DECEMBER 4, 2019
10 04/03/2020 TRANSCRIPT C.O.S.
11 05/13/2020 APPELLANT BRIEF View
12 05/13/2020 APPELLANT APPENDIX
13 05/15/2020 Rec'd a signed Certificate of Service for brief and appendix
14 05/18/2020 Rec'd $89 ATA (receipt #27592)
15 05/18/2020 Rec'd 5 copies of ATB & ATA from CSD
16 06/12/2020 APPELLEE BRIEF (Bickel) View
17 06/12/2020 Oral Argument Request by Appellee
18 06/12/2020 APPELLEE BRIEF (State) View
19 06/15/2020 Rec'd c.o.s. of aeb on child support
20 06/17/2020 Rec'd copies of AEB (Bickel) from CSD
21 06/17/2020 Rec'd copies of AEB (State) from CSD?
22 06/26/2020 REPLY BRIEF View
23 06/30/2020 Rec'd 5 copies of RYB back from CSD
24 08/12/2020 NOTICE OF ORAL ARGUMENT SENT
25 09/02/2020 APPEARANCES: Jerilynn B. Adams; Tracy J. Lyson
26 09/04/2020 ARGUED: Jerilynn B. Adams; Tracy J. Lyson
27 09/04/2020 ORAL ARGUMENT WEBCAST
28 10/21/2020 DISPOSITION
29 10/21/2020 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
30 10/21/2020 Costs on appeal taxed in favor of Appellant
31 10/27/2020 Judgment Sent to Parties
32 11/12/2020 MANDATE