Wisnewski v. Wisnewski
Docket No. 20190209
Oral Argument:
Tuesday, March 10, 2020 2:45 PM
Docket Info
- Title
- Alicia Wisnewski, Plaintiff and Appellant
v.
Timothy Wisnewski, Defendant and Appellee - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2018-DM-00634
East Central Judicial District, Cass County
Steven L. Marquart
2020 ND 148945 N.W.2d 331
Oral Argument
3/10/2020
Highlight
The domestic violence presumption under N.D.C.C. § 14-09-29(2) is only rebutted by clear and convincing evidence.
The absence of physical abuse of a child, use of substances at the time of a domestic violence incident or subsequent treatment for the substance use does not rebut the presumption. The passage of time alone also does not rebut the presumption.
Under N.D.C.C. § 14-09-31(4), when a court finds domestic violence occurred, it shall make orders for the allocation of decision making responsibility that best protects the child, parent, or both.
Child support calculations must state how net income was determined. Under N.D.C.C. § 14-09-29(4), when a parent perpetrates domestic violence as described, fees must be awarded unless those costs would place an undue financial hardship.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/03/2019 | NOTICE OF APPEAL : 07/03/2019 | |
| 2 | 07/03/2019 | ORDER FOR TRANSCRIPT : 07/11/2019 | |
| 3 | 07/11/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 07/11/2019 | Notice served on Michael L. Gjesdahl and Erica L. Chisholm | |
| 5 | 07/31/2019 | ELECTRONIC TRANSCRIPT DATED APRIL 4, 2019 | |
| 6 | 07/31/2019 | ELECTRONIC TRANSCRIPT DATED APRIL 5, 2019 | |
| 7 | 08/05/2019 | ELEC. RECORD ON APPEAL DATED AUGUST 2, 2019 (ENTRY NOS. 1-245, 247-267) | |
| 8 | 08/02/2019 | CERTIFICATE OF SERVICE FOR TRANSCRIPTS | |
| 9 | 08/06/2019 | Rec'd non-substantive corrections to transcripts (redaction) | |
| 10 | 08/06/2019 | REDACTION KEY FOR TRANSCRIPTS | |
| 11 | 08/14/2019 | MOTION FOR REMAND - RspDue : 08/27/2019 | |
| 12 | 08/27/2019 | Oral Response on behalf of Appellee's counsel (no objection) | |
| 13 | 08/29/2019 | ELEC. SUPP. RECORD ON APPEAL DATED 8/28/2019 (ENTRY NOS. 291-292 ) | |
| 14 | 09/03/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 15 | 09/03/2019 | ACTION BY CHIEF JUSTICE - Granted : 10/24/2019 | |
| 16 | 09/04/2019 | Appellant's clarification of Motion for Remand | |
| 17 | 09/04/2019 | ACTION BY CHIEF JUSTICE (remand) - Granted | |
| 18 | 09/04/2019 | ORDER OF REMAND | |
| 19 | 10/09/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 20 | 10/10/2019 | E-mail indicating no objection to extension from Appellee | |
| 21 | 10/10/2019 | ACTION BY CHIEF JUSTICE - Granted : 11/25/2019 | |
| 22 | 11/14/2019 | NOTE TO RECORD - Remand Complete district court entered order | |
| 23 | 11/15/2019 | ELEC. SUPP. RECORD ON APPEAL DATED November 15, 2019 (ENTRY NOS. 293-302) | |
| 24 | 11/20/2019 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 19, 2019 (ENTRY NOS. 303-305) | |
| 25 | 11/22/2019 | APPELLANT BRIEF | View |
| 26 | 11/22/2019 | APPELLANT APPENDIX | |
| 27 | 11/22/2019 | Oral Argument Request by Appellant | |
| 28 | 12/02/2019 | Rec'd $112 e-filing surcharge for ATA (receipt #27453) | |
| 29 | 12/03/2019 | Rec'd non-substantive correction to ATB (cert of compliance) | |
| 30 | 12/16/2019 | Rec'd 6 copies of ATB & ATA from CSD | |
| 31 | 12/16/2019 | MOT. EXT/TIME APPELLEE BRIEF | |
| 32 | 12/17/2019 | ACTION BY CLERK - Granted : 01/21/2020 | |
| 33 | 01/21/2020 | APPELLEE BRIEF | View |
| 34 | 01/28/2020 | Rec'd 6 copies of AEB from Central Duplicating | |
| 35 | 02/19/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 36 | 03/10/2020 | APPEARANCES: Michael L. Gjesdah, Kari A. Losee\Erica L. Chisholm | |
| 37 | 03/10/2020 | ARGUED: Michael L. Gjesdah\Erica L. Chisholm | |
| 38 | 03/10/2020 | ORAL ARGUMENT WEBCAST | |
| 39 | 04/17/2020 | MOTION TO TAKE JUDICIAL NOTICE | |
| 40 | 05/06/2020 | Motion to Take Judicial Notice to Be Considered With the Merits | |
| 41 | 06/29/2020 | DISPOSITION (AND REMANDED) | |
| 42 | 06/29/2020 | SPLIT OPINION : McEvers, Lisa K. Fair | View |
| 43 | 06/29/2020 | SPECIALLY CONCURRING : Crothers, Daniel John | |
| 44 | 06/29/2020 | JOINING IN THE SPECIALLY CONCURRING : Tufte, Jerod E. | |
| 45 | 06/29/2020 | COSTS ON APPEAL TAXED IN FAVOR OF THE APPELLANT | |
| 46 | 06/29/2020 | ACTION BY SUPREME COURT (Motion to Take Judicial Notice) - Granted | |
| 47 | 06/30/2020 | Judgment Sent to Parties | |
| 48 | 07/13/2020 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED JULY 10, 2020 (ENTRY NOS. 306-313) | |
| 49 | 07/14/2020 | MANDATE | |
| 50 | 09/02/2020 | Corrected Opinion Pages - Paragraphs 29, 30 and 33 list a date of December 18, 2017. Each of those | |
| 51 | 09/02/2020 | dates should be December 28, 2017 & Paragraph 33 includes a comma after December that should be | |
| 52 | 09/02/2020 | removed; therefore correcting it to be “December 28, 2017” |