Tarver v. Tarver

Docket No. 20190073
Oral Argument: Thursday, June 20, 2019 9:30 AM

Docket Info

Title
Daniel Tarver, Plaintiff, Appellee, and Cross-Appellant
v.
Sarah Tarver, Defendant, Appellant, and Cross-Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2017-DM-00569
South Central Judicial District, Burleigh County
Thomas J. Schneider

Parties' Statement of Issues

  • Appellant

    The District Court Erred in Determining that the Agreement Which WasRead into the Record was Not Valid.
    The District Court Erred in Calculating the Property Equalization Payment.D.The District Court Erred in Valuing the Property.
    The District Court Erred in Not Granting Defendant-Appellant’s Requestfor Plaintiff-Cross-Appellant to Pay for Life Insurance.
    The District Court Erred in Its Calculation of Spousal Support.

  • Appellee 1

    Whether the district court properly determined when the parties read a possible agreement into the record, indicating (1) further terms needed to be negotiated and (2) both parties wanted to proceed to trial if a final agreement could not be reduced to writing – the possible settlement agreement read into the record was not complete and therefore, not enforceable.
    Whether the Judgment of the district court correctly dictates the disposition of martial assets pursuant to the court’s Memorandum Opinion and Order.
    Whether the district court correctly used Daniel Tarver’s proposed value of Sarah Tarver’s pension in its property distribution calculation when Sarah Tarver failed to present conflicting evidence regarding the value of the pension at trial.
    Whether the district court abused its discretion by failing to order Daniel Tarver to purchase a life insurance policy to secure his obligations for child and spousal support.
    Whether the district court correctly determined, with regard to spousal support: the amount, duration, and possibility of future modification.


Summary

Sarah Tarver appeals on multiple issues from a judgment dividing her and Daniel Tarver’s marital estate and establishing spousal and child support. Daniel Tarver cross-appeals on the issue of spousal support.

Sarah and Daniel Tarver were married in January 2000. Daniel Tarver filed for divorce in June 2017. On July 10, 2018, the parties appeared for a scheduled divorce trial. Instead of continuing with trial, the parties were given an opportunity to establish terms for a settlement agreement. The parties put on record what they believed was a mutual understanding of their settlement agreement. However, details still needed to be worked out, so the parties asked for another trial date as soon as possible in case the agreement fell through. The parties were unable to finalize a settlement agreement. Sarah Tarver motioned the court to make findings of fact and conclusions of law based upon the July 10, 2018 stipulations of the parties. The court denied the motion. Trial was held on all issues on October 18, 2018.

On appeal, Sarah Tarver argues the district court erred by not following the stipulations read into the record on July 10, 2018; erred in calculating the property equalization payment; erred in valuing the marital property; erred in not requiring Daniel Tarver to pay for life insurance to secure the support obligations; and erred in its calculation of spousal support. Daniel Tarver cross-appeals on the issue of spousal support arguing that the award is clearly erroneous regarding amount and duration.


Briefs

Filing Date Description
04/24/2019 APPELLANT BRIEF View
05/24/2019 APPELLEE BRIEF View
06/07/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Amanda J. Welder - 08016
APPELLANT PRIVATE PRACTICE Thomas Myron Jackson - 05947

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

Seq. # Filing Date Description Attachment
1 03/05/2019 NOTICE OF APPEAL : 03/05/2019
2 03/05/2019 ORDER FOR TRANSCRIPT : 03/11/2019
3 03/08/2019 Rec'd $125 filing fee (receipt #26930)
4 03/11/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/11/2019 Notice served Thomas M. Jackson and Amanda J. Welder
6 03/12/2019 Acknowledgment Transcript dated 7/10/18 & 10/18/18 by Jane Gillig, Court Reporter
7 03/15/2019 ELECTRONIC TRANSCRIPTS DATED JULY 10, 2018, OCTOBER 18, 2018 & C.O.S.
8 03/18/2019 NOTICE OF CROSS APPEAL
9 03/19/2019 NOT. OF FILING NOT. OF CROSS- APPEAL AND PROOF OF SERV.
10 03/19/2019 Notice served on Thomas M. Jackson and Amanda J. Welder
11 04/08/2019 ELEC. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS. 1-187) (Item # 129 not included)
12 04/24/2019 APPELLANT BRIEF View
13 04/24/2019 Oral Argument Request by Appellant
14 04/24/2019 APPELLANT APPENDIX
15 04/26/2019 Rec'd $33.50 for ATA surcharge (Receipt No. 27028)
16 04/29/2019 Rec'd 6 copies of ATB from CSD
17 04/29/2019 Rec'd 6 copies of ATA from CSD
18 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
19 05/24/2019 APPELLEE BRIEF View
20 05/24/2019 Oral Argument Request by Appellee
21 05/30/2019 Rec'd 6 copies of AEB
22 06/07/2019 REPLY BRIEF View
23 06/10/2019 Rec'd Non-Substantive corrections to RYB
24 06/10/2019 Rec'd 6 copies of RYB back from Central Duplicating