Schulte v. Kramer
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
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.
(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 |