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Pomarleau v. Pomarleau, et al.

Docket No. 20210083
Oral Argument: Monday, November 29, 2021 1:30 PM

Docket Info

Title
Michael R. Pomarleau, Plaintiff, Appellant, and Cross-Appellee
v.
Tanya M. Pomarleau, Defendant, Appellee, and Cross-Appellant
and
State of North Dakota, Statutory Real Party in Interest
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2018-DM-00826
South Central Judicial District, Burleigh County
David E. Reich
Oral Argument 11/29/2021

Parties' Statement of Issues

  • Appellant

    1. Did the District Court err in failing to provide an explanation, basis or reasoning as to how it arrived at it’s child support calculations and determination in the Memorandum and Order and in the associated original Judgment and subsequently err in it’s child support calculations as provided in the Amended Judgment.
    2. Did the District Court err in it’s tax dependency / child tax credit findings.
    3. Did the District Court err in valuing the parties’ marital home.
    4. Did the District Court err in how it valued, accounted for, and awarded business assets of the parties.
    5. Did the District Court err in how it valued, accounted for, and distributed various personal property.
    6. Did the District Court err in how it valued, accounted for, and distributed certain financial assets of the parties.
    7. Did the District Court err in how it valued, accounted for, and distributed various debts of the parties.
    8. Did the District Court err in off-setting the equity payment to be made by appellee to appellant by 50% of the health insurance premium paid by her as required by the summons.

  • Appellee 1

    Whether the trial court properly calculated the parties’ child support obligations in light of Tanya’s involuntary reduction in income.
    Whether the trial court appropriately allocated each party’s right to receive child tax credits for their minor children pursuant to Michael’s proposal regarding the same.
    Whether the trial court abused its discretion in valuing marital assets pursuant to the evidence available in the record.
    Whether the trial court clearly erred in calculating the parties’ oil royalties received following their separation.
    Whether the trial court should have made adjustments to its division of the marital estate to account for the expenses incurred by each party during separation.
    Whether Michael’s appeal is frivolous and Tanya is entitled to costs and attorney’s fees pursuant to Rule 38 of the North Dakota Rules of Appellate Procedure.


Summary

Michael Pomarleau appeals from a memorandum and order, judgment, order on post-trial motions, and amended judgment, regarding parental responsibility, child support, and property distribution. Tanya Pomarleau cross-appeals from the same.

Michael and Tanya Pomarleau were married in 1999 and separated in 2018. They are the parents of three children. Following a trial, the district court, in December 2020, entered a memorandum and order regarding the parties’ parental responsibility, child support obligations, and various property debt valuations and distributions. A judgment containing the findings and distribution was entered in January 2021.

Each party challenged certain provisions of the judgment. In May 2021, the district court entered an order amending the judgment as to the parties’ child support obligations. The judgment containing the findings and distribution was entered in July 2021.

On appeal, Michael Pomarleau argues the district court erred in its calculation and explanation of the parties’ child support obligations, tax credit allocation, the off-setting of Tanya Pomarleau’s equity payment by her insurance payments, and several valuations related to the marital home, business assets, personal property and financial accounts, and debts. Tanya Pomarleau cross-appeals and argues the court erred in calculating the oil royalties received by each party and not adjusting for expenses incurred by each party during the pendency of the divorce.


Briefs

Filing Date Description
08/11/2021 APPELLANT BRIEF View
09/24/2021 APPELLEE BRIEF View
10/07/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Amanda J. Welder - 08016
APPELLANT PRIVATE PRACTICE Rodney Ervin Pagel - 05090

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

Seq. # Filing Date Description Attachment
1 03/15/2021 NOTICE OF APPEAL : 03/15/2021
2 03/15/2021 ORDER FOR TRANSCRIPT
3 03/16/2021 AMENDED ORDER FOR TRANSCRIPT : 03/25/2021
4 03/25/2021 REC'D $125 FILING FEE
5 03/25/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
6 03/25/2021 Notice served on Rodney E. Pagel, Amanda J. Welder & Cody O. Hedge
7 03/25/2021 Rec'd notice North Dakota Child Support not participating in appeal
8 03/29/2021 NOTICE OF CROSS APPEAL
9 03/30/2021 NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.
10 03/30/2021 Notice served on Rodney E. Pagel & Amanda J. Welder
11 04/12/2021 ELEC. RECORD ON APPEAL DATED APRIL 9, 2021 (ENTRY NOS.1-157 & 159-217)
12 05/11/2021 MOTION FOR REMAND
13 05/12/2021 MOTION FOR REMAND (SUA SPONTE)
14 05/12/2021 ACTION BY CHIEF JUSTICE (SUA SPONTE)
15 05/12/2021 ORDER OF REMAND
16 05/12/2021 BRIEFING SCHEDULE STAYED
17 05/12/2021 Order/Judgment Sent to Parties
18 05/13/2021 NO ACTION TAKEN ON MOTION FOR REMAND (MATTER WAS ALREADY REMANDED SUA SPONTE)
19 05/19/2021 ELECTRONIC TRANSCRIPT DATED JUNE 4, 2020
20 05/19/2021 REDACTION KEY FOR TRANSCRIPT DATED JUNE 4, 2020
21 05/19/2021 TRANSCRIPT C.O.S.
22 05/19/2021 ELECTRONIC TRANSCRIPT DATED JUNE 5, 2020
23 05/19/2021 REDACTION KEY FOR TRANSCRIPT DATED JUNE 5, 200
24 05/19/2021 TRANSCRIPT C.O.S.
25 07/12/2021 ELEC. RECORD ON APPEAL DATED JULY 9, 2021 (ENTRY NOS.218-238) (RE-FILED)
26 07/12/2021 Reset Due to Remand
27 07/12/2021 ACTION BY CLERK - Reset Due to Remand - Granted : 08/12/2021
28 07/29/2021 2ND NOTICE OF APPEAL (after remand) : 07/30/2021
29 07/30/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
30 07/30/2021 Notice filed on Rodney E. Pagel & Amanda J. Welder
31 08/11/2021 APPELLANT BRIEF View
32 08/11/2021 Oral Argument Request by Appellant
33 08/12/2021 APPELLANT APPENDIX
34 08/13/2021 Rec'd 4 copies of ATB & 3 copies of ATA from CSD
35 08/23/2021 Rec'd $23 ATA overage fee
36 09/08/2021 MOT. EXT/TIME APPELLEE BRIEF
37 09/09/2021 ACTION BY CLERK - Granted : 09/24/2021
38 09/24/2021 APPELLEE BRIEF View
39 10/01/2021 Oral Argument Request by Appellee
40 10/01/2021 Rec'd non-substantive correction to AEB (OA statement)
41 10/01/2021 Rec'd C.O.S. for AEB
42 10/05/2021 Rec'd AEB from CSD
43 10/07/2021 REPLY BRIEF View
44 10/11/2021 Rec'd 4 copies of RYB from CSD
45 10/19/2021 NOTICE OF ORAL ARGUMENT SENT
46 11/29/2021 APPEARANCES: Rodney E. Pagel/Amanda J. Welder
47 11/29/2021 ARGUED: Rodney E. Pagel/Amanda J. Welder
48 11/29/2021 ORAL ARGUMENT WEBCAST