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Sims v. Sims

Docket No. 20190248
Oral Argument: Tuesday, February 18, 2020 2:45 PM

Docket Info

Title
Erica Lynn Sims, Plaintiff and Appellant
v.
Larry David Sims, Defendant and Appellee
and
State of North Dakota, Statutory Real Party in Interest
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2017-DM-00812
Northeast Central Judicial District, Grand Forks County
Jay Dennis Knudson
Oral Argument 2/18/2020

Parties' Statement of Issues

  • Appellant

    1. Whether the district court’s findings of fact in determining a visitation schedule for Larry are clearly erroneous.
    2. Whether the district court’s findings of fact in determining the valuation of the marital property and the resulting distribution, including a cash property distribution to Larry are clearly erroneous.
    3. Whether the district court erred in its analysis of the Ruff-Fischer factors in its determination for not awarding spousal support.
    4. Whether the district court clearly erred when it did not consider or include an indemnification clause in the Judgment necessary to protect Erica’s interest in Larry’s military retirement which could result in an inequitable effect on Erica post-divorce.
    5. Whether the district court erred when it did not consider or include the party’s stipulation that Larry continue coverage for Erica as a former spouse under his Survivor Benefit Plan.
    6. Whether the district court abused its discretion by penalizing Erica by ordering her to reimburse Larry for airfare associated with Larry’s missed parenting time despite the Court dismissing Larry’s contempt motion for his missed parenting time and despite Larry receiving a child support deviation for transportation costs.
    7. Whether the district court abused its discretion by penalizing Erica without due process by ordering her to reimburse Larry for transportation costs if the children did not comply with their parenting time with Larry despite Larry receiving a child support deviation for transportation costs

  • Appellee 1

    [¶1] Whether the district court erred in its findings in determining the parenting time and visitation schedule.
    [¶2] Whether the District Court erred in its findings in determining the valuation and equitable distribution of the marital property.
    [¶3] Whether the District Court erred in its analysis when it applied the Ruff-Fisher guidelines and did not award spousal support.
    [¶4] Whether the District Court erred when it chose to disregard certain aspects of the parties’ partial stipulation and proposed findings, specifically an indemnification clause regarding Larry’s military retirement.
    [¶5] Whether the District Court erred when it chose to disregard certain aspects of the parties’ partial stipulation and proposed findings in order to mete out a marital asset, specifically Larry’s Survivor Benefit plan.
    [¶6] Whether the District Court erred or abused its discretion when it ordered Erica to reimburse Larry for airfare associated with missed parenting time, without a finding of contempt, or when the District Court provided an allowable travel cost deviation for parenting time from the properly determined guideline amount of child support.
    [¶7] Whether the District Court erred, abused its discretion or denied due process when it ordered Erica to reimburse Larry for airfare associated for missed parenting time without a finding of contempt or when the District Court provided an allowable travel cost deviation for parenting time from the properly determined guideline amount of child support.


Summary

Erica Sims appeals from a judgment granting her a divorce from Larry Sims.

Erica and Larry Sims married in 1999 and have two minor children together. In 2017, Erica Sims sued Larry Sims for divorce. The parties agreed to a partial marital settlement and parenting plan, including primary residential responsibility for the children, child support, and some of the property and debt distribution. After a trial was held on the remaining issues, the district court ordered distribution of the remaining assets and debts and awarded Larry Sims parenting time with the children.

On appeal, Erica Sims argues the district court’s findings related to its parenting time decision are clearly erroneous, the court’s property valuation and distribution is clearly erroneous, the court erred by failing to award spousal support, the court erred by failing to order some of the terms of the party’s stipulation, and the court abused its discretion by ordering her to reimburse Larry Sims for certain parenting time expenses.


Briefs

Filing Date Description
12/03/2019 APPELLANT BRIEF View
12/24/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kelsey Lee Hankey - 07363
APPELLEE PRIVATE PRACTICE Ward K Johnson - 04642

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

Seq. # Filing Date Description Attachment
1 08/15/2019 NOTICE OF APPEAL : 08/15/2019
2 08/15/2019 ORDER FOR TRANSCRIPT : 08/20/2019
3 08/20/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/20/2019 Notice served on Kelsey L. Hankey and Ward K. Johnson, III
5 09/13/2019 Notice the State of North Dakota is a real party in interest
6 09/13/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 12, 2019 (ENTRY NOS. 1-442)
7 09/16/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 13, 2019 (ENTRY NOS. 443-445)
8 10/15/2019 ELECTRONIC TRANSCRIPT DATED DECEMBER 28, 2018
9 10/15/2019 REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED DECEMBER 28, 2018
10 10/15/2019 ELECTRONIC TRANSCRIPT DATED APRIL 9, 2019
11 10/15/2019 REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED APRIL 9, 2019
12 10/15/2019 Certificate of Service for Transcripts
13 10/17/2019 Rec'd non-substantive corrections to transcripts (page numbering/redaction)
14 10/18/2019 Rec'd additional corrections to transcript (redaction)
15 10/24/2019 AMENDED ORDER FOR TRANSCRIPT
16 10/28/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 25, 2019 (ENTRY NOS. 446-447)
17 10/30/2019 Rec'd proof of service of transcripts on Sarah E. Cannon
18 11/24/2019 Rec'd non-compliant ATB; given until 12-3-19 to revise. (length)
19 11/24/2019 APPELLANT APPENDIX
20 12/03/2019 APPELLANT BRIEF View
21 12/03/2019 Rec'd Non-Substantive corrections to ATA
22 12/03/2019 Oral Argument Request by Appellant
23 12/05/2019 Rec'd 6 copies of ATB back from Central Duplicating
24 12/05/2019 Notice - State of ND will not appear in this matter
25 12/06/2019 Rec'd payment of ($853.00) for 1706 pages of Appendix (receipt #27459)
26 12/10/2019 Rec'd 6 copies of ATA back from Central Duplicating (2 Books )
27 12/24/2019 APPELLEE BRIEF View
28 12/24/2019 REQUEST TO WAIVE ORAL ARGUMENT (ON BRIEF) by Appellee
29 01/02/2020 Rec'd 6 copies of AEB from CSD
30 01/22/2020 ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted
31 01/23/2020 NOTICE OF ORAL ARGUMENT SENT
32 02/03/2020 3RD ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 31, 2020 (ENTRY NOS. 448-449)
33 02/04/2020 4TH ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 3, 2020 (ENTRY NOS. 450-451)
34 02/18/2020 APPEARANCES: Kelsey L. Hankey\submitted on brief by AE under N.D.R.App.P. 34(f)
35 02/18/2020 ARGUED: Kelsey L. Hankey\submitted on brief by AE under N.D.R.App.P. 34(f)
36 02/18/2020 ORAL ARGUMENT WEBCAST