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State ex. rel. Schlect v. Wolff

Docket No. 20110036
Oral Argument: Thursday, May 12, 2011 2:45pm

Docket Info

Title
State of North Dakota, County of Cass,
ex. rel. Nancy A. Schlect, formerly
known as Nancy Ann Neva, and C.A.W.,
a minor child, Plaintiffs and Appellees
v.
Troy Allan Wolff, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 96-R-02147
East Central Judicial District, Cass County
Douglas R. Herman
2011 ND 164801 N.W.2d 694
Oral Argument 5/12/2011

Highlight

The State has standing and is a real party in interest in child support proceedings if the State was initially a real party in interest in the action because the child received public assistance, the obligee assigned his or her right to child support to the State, the child support services case remained open after the child was no longer receiving public assistance, and the obligee has never requested the child support services case be closed.
A judgment that relieves an obligor of any current or future duty of child support and limits the power of the court to modify future child support is void and may not be enforced.


Briefs

Filing Date Description
03/07/2011 APPELLANT BRIEF View
04/08/2011 APPELLEE BRIEF View
04/25/2011 REPLY BRIEF & ADDENDUM View

Counsel

Party Type Name
APPELLEE SPEC. ASST. ATTY. GEN. John Douglas Waller - 05623
APPELLEE SPEC. ASST. ATTY. GEN. Janet K. Naumann - 05996
APPELLANT PRIVATE PRACTICE Jonathan T Garaas - 03080

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

Seq. # Filing Date Description Attachment
1 01/31/2011 NOTICE OF APPEAL : 01/26/2011
2 03/07/2011 APPELLANT BRIEF View
3 03/07/2011 APPELLANT APPENDIX
4 03/08/2011 DISK-ATB
5 03/08/2011 RECORD ON APPEAL (electronic 1-160)
6 04/08/2011 APPELLEE BRIEF View
7 04/08/2011 DISK-AEB (E-MAILED)
8 04/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
9 04/25/2011 REPLY BRIEF & ADDENDUM View
10 04/26/2011 DISK-RYB
11 05/12/2011 APPEARANCES: Jonathan T. Garaas; John D. Waller
12 05/12/2011 ARGUED: Jonathan T. Garaas; John D. Waller
13 05/12/2011 ORAL ARGUMENT WEBCAST
14 05/12/2011 Supplemental authority filed by Appellant
15 08/18/2011 DISPOSITION
16 08/18/2011 UNANIMOUS OPINION : Sandstrom, Dale V. View
17 08/18/2011 Costs on Appeal taxed in favor of Appellee
18 08/19/2011 Judgment Sent to Parties
19 09/19/2011 MANDATE