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Seay v. Seay

Docket No. 20110332
Oral Argument: Thursday, April 5, 2012 1:30pm

Docket Info

Title
Svetlana M. Seay, Plaintiff and Appellee
v.
Darren John Seay, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 10-C-00035
Southeast Judicial District, McIntosh County
Sonna M. Anderson
2012 ND 179820 N.W.2d 705
Oral Argument 4/5/2012

Highlight

A divorce judgment provision requiring a child support and spousal support obligor to obtain and maintain a life insurance policy on himself as security for his future support obligations is not an improper upward deviation from the child support guidelines.
When an initial determination of custody and a parent's request to move from the state with the children are raised in the same proceeding, the court should first consider the initial custody determination, applying the best interests factors under N.D.C.C. 14-09-06.2(1), although it may consider the proposed move as part of its assessment of the best interests factors for determining custody.
A district court's failure to address all four Stout-Hawkinson factors when evaluating whether a proposed move is in the child's best interests is reversible error.

Briefs

Filing Date Description
02/22/2012 APPELLANT BRIEF View
03/20/2012 APPELLEE BRIEF (pdf) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Terry W Elhard - 03889
APPELLANT PRIVATE PRACTICE Donavin L Grenz - 03083

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

Seq. # Filing Date Description Attachment
1 11/17/2011 NOTICE OF APPEAL : 11/17/2011
2 11/17/2011 ORDER FOR TRANSCRIPT : 11/17/2011
3 12/30/2011 Electronic RECORD ON APPEAL (Entry Nos. 1-72) (Not attached: #46--Exh. M-Tube of Cream;
4 12/30/2011 #47--Exh. N--Unemployment Ins. Claimant Guide with Records; & #50--Exh. Q--Multiple Credit Card
5 12/30/2011 Statements in Envelope)
6 01/06/2012 TRANSCRIPT DATED June 6, 2011 & June 7, 2011 (2 volumes) & C.O.S.
7 01/06/2012 DISK - tra (6/6/11 & 6/7/11) (e-mailed)
8 01/06/2012 1st SUPPLEMENTAL RECORD ON APPEAL dated 1-6-12 (Entry Nos. 73-77) (#78 is Clerk's Supplemental Cert
9 02/15/2012 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
10 02/15/2012 E-FILED MOTION (MAT)
11 02/15/2012 ACTION BY CHIEF DEPUTY CLERK - Granted : 02/22/2012
12 02/22/2012 APPELLANT BRIEF View
13 02/22/2012 E-FILED BRIEF
14 02/22/2012 APPELLANT APPENDIX
15 02/22/2012 E-FILED APPENDIX
16 02/22/2012 2nd SUPPLEMENTAL RECORD ON APPEAL dated 2-22-12 (Entry No. 80)
17 02/24/2012 Received $25 surcharge for ATB (Receipt #20885)
18 02/27/2012 Amended 2nd SUPPLEMENTAL RECORD ON APPEAL dated 2-24-12 (Entry Nos. 79-82)
19 03/01/2012 Received 7 copies of ATB from CSD
20 03/01/2012 Received 6 copies of ATA from CSD
21 03/15/2012 NOTICE OF ORAL ARGUMENT SENT
22 03/20/2012 APPELLEE BRIEF (pdf) View
23 03/20/2012 E-FILED BRIEF (pdf)
24 03/22/2012 Corrected title page for AEB
25 03/21/2012 Received $25 surcharge fee for AEB (Receipt #20930)
26 03/22/2012 Seven copies of AEB copied by Clerk's Office
27 04/05/2012 APPEARANCES: Donavin L. Grenz; Terry W. Elhard
28 04/05/2012 ARGUED: Donavin L. Grenz; Terry W. Elhard
29 04/05/2012 ORAL ARGUMENT WEBCAST
30 05/22/2012 MOTION FOR Remand
31 05/21/2012 ACTION BY Acting CHIEF JUSTICE - Granted
32 05/31/2012 RE-FILED ELEC. RECORD ON APPEAL DATED 05/30/2012(ENTRY NOS.1-93, Items not sent exhibit M,N,and Q)
33 06/11/2012 ELEC. SUPP. RECORD ON APPEAL DATED 06/08/2012 (ENTRY NOS.93-97)
34 06/15/2012 4TH ELEC. SUPP. RECORD ON APPEAL DATED JUNE 14, 2012 (ENTRY NOS.98-103)
35 06/27/2012 5th ELEC. SUPP. RECORD ON APPEAL DATED JUNE 26, 2012 (ENTRY NOS.104-109)
36 07/11/2012 6th ELEC. SUPP. RECORD ON APPEAL DATED 07/10/2012 (ENTRY NOS.110-113)
37 07/13/2012 7th ELEC. SUPP. RECORD ON APPEAL DATED July 12,2012 (ENTRY NO.115)
38 07/16/2012 8th ELEC. SUPP. RECORD ON APPEAL DATED July 13,2012 (ENTRY NOS. 114, 116-119)
39 08/30/2012 DISPOSITION
40 08/30/2012 SPLIT OPINION : Maring, Mary Muehlen View
41 08/30/2012 (DISSENTING IN PART) : Sandstrom, Dale V.
42 08/30/2012 Costs on appeal taxed in favor of appellant
43 08/31/2012 Order/Judgment Sent to Parties
44 09/26/2012 MANDATE
45 09/27/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
46 08/11/2021 EXPUNGED - Nonpermanent record items destroyed