Zuo v. Wang

Docket No. 20180403
Oral Argument: Wednesday, April 24, 2019 2:45 PM

Docket Info

Title
Yanjun Zuo, Plaintiff and Appellant
v.
Yuanyuan Wang, Defendant and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2016-DM-00750
Northeast Central Judicial District, Grand Forks County
M. Jason McCarthy

Parties' Statement of Issues

  • Appellant

    1. Whether the district court’s findings of fact in determining residential responsibility and decision making for the minor child are clearly erroneous.
    2. Whether the district court abused its discretion by relying on hearsay statements and incompetent evidence when it found Frank committed domestic violence upon Nancy.
    3. Whether the district court abused its discretion when it did not allow for an English translation of the audio recordings submitted into evidence.
    4. Whether the district court erred in awarding retroactive child support in contravention of the Interim Order.
    5. Whether the district court erred in its analysis of the Ruff-Fischer factors in awarding spousal support to Nancy.
    6. Whether the district court erred in its analysis and distribution of the marital estate by including an $85,000 gift to Frank’s family in 2014 but did not include Nancy’s monetary gifts to family, and by including A.Z.’s college savings account as an asset to Frank.

  • Appellee 1

    I. The district court's findings of fact regarding residential responsibility and decision-making are not clearly erroneous.
    II. The district court did not abuse its discretion or rely on improper evidence when it found Frank committed domestic violence upon Nancy.
    III. The district court did not abuse its discretion when it excluded the English translation of audio recordings into evidence.
    IV. The district court did not err in awarding retroactive child support.
    V. The district court properly analyzed the Ruff-Fischer factors in awarding spousal support to Nancy.
    VI. The district court did not err by including an $85,000.00 transfer to Frank's sister and A.Z.'s college savings account as part of the marital estate.


Summary

Yanjun Zuo appeals after Yuanyuan Wang was awarded spousal support and primary residential responsibility of the parties’ minor child.

Zuo and Wang were married in 1994 and have one child. Zuo sued for divorce in December 2016. After a bench trial, the district court awarded Wang primary residential responsibility of the child and $1,750 in spousal support for ten years. The court ordered Zuo to pay $1,335 per month in child support.

On appeal, Zuo argues the district court’s decisions on primary residential responsibility and spousal support were wrong.


Briefs

Filing Date Description
02/17/2019 APPELLANT BRIEF View
03/19/2019 APPELLEE BRIEF View
04/02/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Kristi Pettit Venhuizen - 05637
APPELLANT PRIVATE PRACTICE Kelsey Lee Hankey - 07363

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

Seq. # Filing Date Description Attachment
1 11/05/2018 NOTICE OF APPEAL : 11/05/2018
2 11/05/2018 ORDER FOR TRANSCRIPT
3 11/06/2018 AMENDED ORDER FOR TRANSCRIPT : 11/09/2018
4 11/09/2018 Received $125 filing fee
5 11/09/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
6 11/09/2018 Notice served on Kelsey L. Hankey and Kristi Pettit Venhuizen
7 11/21/2018 ORDER OF REMAND (briefing stayed)
8 12/28/2018 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
9 01/08/2019 ELEC. RECORD ON APPEAL DATED JANUARY 7, 2019 (ENTRY NOS. 1-271, 273-392)
10 01/08/2019 ELECTRONIC TRANSCRIPT DATED 4/17/2018 (VOL 1)
11 01/08/2019 ELECTRONIC TRANSCRIPT DATED 4/18/2018 (VOL 2)
12 01/08/2019 ELECTRONIC TRANSCRIPT DATED 4/19/2018 (VOL 3)
13 01/08/2019 ELECTRONIC TRANSCRIPT DATED 5/25/2018 (VOL 4 OF 4)
14 01/08/2019 TRANSCRIPT KEY (confidential)
15 01/08/2019 TRANSCRIPT C.O.S.
16 01/09/2019 2nd NOTICE OF APPEAL
17 01/10/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
18 01/10/2019 Notice served on Kelsey L. Hankey and Kristi Pettit Venhuizen
19 02/05/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 4, 2019 (ENTRY NOS. 393-397)
20 02/15/2019 MOTION FOR ADDITIONAL WORDS BY APPELLANT
21 02/15/2019 E-FILED MOTION
22 02/15/2019 ACTION BY CHIEF JUSTICE (GRANTED IN PART, 1,000 WORDS) - Granted
23 02/17/2019 APPELLANT BRIEF View
24 02/17/2019 E-FILED BRIEF (PDF)
25 02/17/2019 APPELLANT APPENDIX
26 02/17/2019 E-FILED APPENDIX
27 02/20/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
28 02/25/2019 Rec'd $25 surcharge for ATB & $369.50 for over page limit - Total Amt $394.50 (check #26917)
29 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
30 03/18/2019 AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 15, 2019 (ENTRY NOS. 397, 399-401)
31 03/19/2019 2ND AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 18, 2019 (ENTRY NOS. 397-402)
32 03/19/2019 APPELLEE BRIEF View
33 03/20/2019 Rec'd 6 copies of AEB from CSD
34 03/21/2019 Rec'd $25 e-filing surcharge (receipt #26958)
35 03/21/2019 SITTING WITH THE COURT : Gion, James D.
36 04/02/2019 REPLY BRIEF View
37 04/03/2019 Rec'd 6 copies of RYB from CSD
38 04/24/2019 APPEARANCES: Kelsey L. Hankey; Kristi P. Venhuizen
39 04/24/2019 ARGUED: Kelsey L. Hankey; Kristi P. Venhuizen
40 04/24/2019 ORAL ARGUMENT WEBCAST