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Schulte v. Kramer

Docket No. 20110231
Oral Argument: Monday, December 19, 2011 1:30pm

Docket Info

Title
Cheryl Rae Schulte, f/k/a, Cheryl
Rae Kramer, Plaintiff and Appellant
v.
Kenneth Leroy Kramer, Defendant and Appellee
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 04-C-00119
Southeast Judicial District, Dickey County
Daniel D. Narum
2012 ND 163820 N.W.2d 318
Oral Argument 12/19/2011

Highlight

To justify a modification of spousal support, the moving party must demonstrate a material change in financial circumstances. A material change is one that substantially affects the financial abilities or needs of the parties and was not contemplated by the parties at the time the original divorce decree was entered.
Once a trial court finds a material change in circumstances exists, it must examine the reason for the material change to determine whether modification of support is warranted. A self-induced decline in income does not, in the absence of a substantial showing of good faith or cause, constitute such an exceptional change in circumstances as to afford the required basis for modifying an alimony award.
An item in a divorce separation agreement or divorce judgment is more likely spousal support than part of the division of property if it is directed to be monthly, unsecured, and terminable upon designated events.

Briefs

Filing Date Description
09/21/2011 APPELLANT BRIEF (e-filed) View
10/17/2011 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Janel Brudvik Fredericksen - 05372
APPELLANT PRIVATE PRACTICE Samuel S Johnson - 04680

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

Seq. # Filing Date Description Attachment
1 08/10/2011 NOTICE OF APPEAL : 08/10/2011
2 08/10/2011 ORDER FOR TRANSCRIPT : 08/10/2011
3 08/16/2011 TRANSCRIPT DATED APRIL 11, 2011, AND MAY 12, 2011,& C.O.S.
4 08/16/2011 DISK-TRA (4/11/11 & 5/12/11)
5 09/08/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 233)
6 09/21/2011 APPELLANT BRIEF (e-filed) View
7 09/21/2011 E-FILED BRIEF (ATB)
8 09/21/2011 APPELLANT APPENDIX (e-filed)
9 09/21/2011 E-FILED APPENDIX (ATA)
10 09/22/2011 Rec'd $25.00 ATB e-file surcharge. (receipt no. 20674)
11 09/26/2011 Rec'd 7 copies of ATB from Central Duplicating.
12 09/26/2011 Rec'd 6 copies of ATA from Central Duplicating.
13 10/17/2011 APPELLEE BRIEF View
14 10/17/2011 APPELLEE APPENDIX
15 10/17/2011 DISK - aeb (e-mailed)
16 11/16/2011 NOTICE OF ORAL ARGUMENT SENT
17 12/19/2011 APPEARANCES: Samuel Johnson/Janel Fredericksen
18 12/19/2011 ARGUED: Johnson/Fredericksen
19 12/19/2011 ORAL ARGUMENT WEBCAST
20 08/16/2012 DISPOSITION (and remanded)
21 08/16/2012 SPLIT OPINION : Maring, Mary Muehlen View
22 08/16/2012 (CONCURRING IN PART AND DISSENTING IN PART) : Sandstrom, Dale V.
23 08/16/2012 (JOIN CONCURRING IN PART AND DISSENTING IN PART) : Crothers, Daniel John
24 08/16/2012 At Court's direction, no costs will be taxed in this appeal
25 08/17/2012 Judgment Sent to Parties
26 09/07/2012 MANDATE
27 09/14/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 07/19/2021 EXPUNGED - Nonpermanent record items destroyed