Entzie v. Entzie
Docket Info
- Title
- Theresa Ann Entzie, Plaintiff, Appellee and Cross-Appellant
v.
Allen Lee Entzie, Defendant, Appellant and Cross-Appellee - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 06-C-00022
Southeast Judicial District, McIntosh County
Donald L. Jorgensen
Highlight
In calculating a child support obligation, a district court must specifically find an obligor's tax returns are not an adequate reflection of income or are not a reliable indicator of future income before the court can refuse to consider tax return information.
A district court must make specific findings on why averaging the most recent five years of a self-employed obligor's income is insufficient before it may use a shorter period of time to calculate income from self-employment.
An obligor may be found underemployed only after the obligor's income was properly calculated under the child support guidelines.
A district court must state what provision of the guidelines allows the court to impute income to an obligor.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/01/2010 | NOTICE OF APPEAL : 02/25/2010 | |
| 2 | 03/01/2010 | ORDER FOR TRANSCRIPT : 02/25/2010 | |
| 3 | 03/02/2010 | Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL : 04/16/2010 | |
| 4 | 03/16/2010 | TRANSCRIPT DATED October 23, 2009 & C.O.S. | |
| 5 | 03/17/2010 | DISK of TRA | |
| 6 | 03/25/2010 | RECORD ON APPEAL Not sent with the ROA was No. 36 (Ct. Rptr. Notes) | |
| 7 | 04/13/2010 | NOTICE OF CROSS APPEAL (filed 4/12/10 in tr. ct.) | |
| 8 | 04/13/2010 | Clerk's Supplemental Certificate of Record dated April 12, 2010 (Entry Nos. 129-136). | |
| 9 | 04/29/2010 | APPELLANT BRIEF (e-filed) | View |
| 10 | 04/29/2010 | E-FILED BRIEF (ATB) | |
| 11 | 04/29/2010 | APPELLANT APPENDIX (e-filed) PDF | |
| 12 | 04/29/2010 | E-FILED APPENDIX (ATA) PDF | |
| 13 | 05/04/2010 | Received $25 e-filing surcharge for ATB (Receipt #19480). | |
| 14 | 05/10/2010 | Received 7 copies of ATB from Central Duplicating. | |
| 15 | 05/10/2010 | Received 6 copies of ATA from Central Duplicating. | |
| 16 | 05/26/2010 | APPELLEE BRIEF | View |
| 17 | 05/26/2010 | APPELLEE APPENDIX | |
| 18 | 05/27/2010 | DISK-AEB (E-MAILED) | |
| 19 | 06/08/2010 | MOTION FOR Remand by the State of North Dakota (Jamestown Regional Child Support Unit) | |
| 20 | 06/08/2010 | NO ACTION TAKEN (remand is unnecessary to enforce judgment when no stay is in effect) | |
| 21 | 06/10/2010 | RETURN OF ROA TO DIST. CT. : 08/01/2010 | |
| 22 | 06/14/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 23 | 07/28/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 24 | 07/28/2010 | Re-filed RECORD ON REMAND-not sent w/ROA no.36 (Ct.Rptr.notes) & not rec'd no.126 "error" | |
| 25 | 07/28/2010 | Re-filed 1st Supplemental Clerk's Certificate of Record (entry nos. 129-136)_ | |
| 26 | 07/28/2010 | 2nd Supplemental Clerk's Certificate of Record (entry nos. 137-165) | |
| 27 | 08/02/2010 | 3rd Supplemental Clerk's Certificate of Record (entry no. 166) | |
| 28 | 09/01/2010 | APPEARANCES: Donavin L. Grenz; Joanne H. Ottmar | |
| 29 | 09/01/2010 | ARGUED: Grenz; Ottmar | |
| 30 | 09/01/2010 | ORAL ARGUMENT WEBCAST | |
| 31 | 06/21/2010 | Letter dated 9/17/10 from J. Ottmar & letter dated 9/20/10 from D. Grenz clarifying oral arugment. | |
| 32 | 10/19/2010 | DISPOSITION (AND REMANDED) | |
| 33 | 10/19/2010 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 34 | 10/19/2010 | Costs on appeal not taxed against either party | |
| 35 | 10/20/2010 | Judgment Sent to Parties | |
| 36 | 11/16/2010 | MANDATE | |
| 37 | 11/18/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 38 | 02/01/2021 | EXPUNGED - Nonpermanent record items destroyed |