Anderson v. Spitzer, et al.
- Kate Austin Anderson, Plaintiff and Appellee
Derek Thomas Spitzer, Defendant and Appellant
State of North Dakota, Statutory Real Party in Interest
- Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
Case No. 2013-DM-01245
East Central Judicial District, Cass County
Reid Alan Brady
Parties' Statement of Issues
[¶1] Whether the district court erred in modifying primary residential responsibility.
[¶2] If the district court did not err in its residential responsibility determination, whether the district court erred regarding the commencement date for child support.
[¶3] If the district court did not err in its residential responsibility determination, whether the district court erred in setting a parenting time schedule.
Derek Thomas Spitzer appeals from an amended judgment entered after he moved for primary residential responsibility and modification of child support.
Spitzer and Kate Austin Anderson have a child, P.T.S. In 2010, the district court awarded Anderson primary residential responsibility and required Spitzer to pay child support. In 2015, the district court amended the judgment and granted the parties joint residential responsibility. Neither party was ordered to pay child support. In 2020, Spitzer made a motion for primary residential responsibility and asked for a review of Anderson’s child support. Anderson filed a counter-motion for primary residential responsibility. The district court granted Anderson primary residential responsibility and required Spitzer to pay child support.
Spitzer argues the district court erred in granting Anderson primary residential responsibility, ordering Spitzer to pay child support, and setting the parenting time schedule.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/19/2021||NOTICE OF APPEAL : 10/19/2021|
|2||10/19/2021||ORDER FOR TRANSCRIPT : 10/26/2021|
|3||10/25/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||10/25/2021||Notice served on Gregory W. Liebl & Ashley R. Heitkamp|
|5||11/22/2021||ELEC. RECORD ON APPEAL DATED NOVEMBER 19, 2021 (ENTRY NOS. 1-229)|
|6||12/17/2021||ELECTRONIC TRANSCRIPT DATED MARCH 15, 2021|
|7||12/17/2021||ELECTRONIC TRANSCRIPT DATED APRIL 5, 2021|
|8||12/17/2021||REDACTION KEY FOR TRANSCRIPTS DATED MARCH 15, 2021 & APRIL 5, 2021|
|11||01/26/2022||Oral Argument Request by Appellant|
|12||01/31/2022||Rec'd 3 copies of ATB & 2 copies of ATA from CSD|
|13||02/22/2022||MOT. EXT/TIME APPELLEE BRIEF|
|14||02/23/2022||ACTION BY CLERK - Granted : 03/04/2022|
|16||03/07/2022||Oral Argument Request by Appellee|
|17||03/08/2022||Rec'd non-substantive correction to AEB|
|18||03/09/2022||Notice rec'd State is Real Party in Interest (Filed in DC 12/14/21)|
|19||03/09/2022||Notice served on Janet K. Naumann|
|20||03/09/2022||MOT. EXT/TIME REPLY BRIEF|
|21||03/10/2022||ACTION BY CHIEF DEPUTY CLERK - Granted : 03/30/2022|
|22||03/10/2022||Rec'd 3 copies of AEB from CSD|
|23||03/10/2022||Rec'd notice State Child Support is not participating in appeal|
|24||03/23/2022||NOTICE OF ORAL ARGUMENT SENT|
|26||03/31/2022||Rec'd 3 copies of RYB from CSD|
|27||04/25/2022||APPEARANCES: Gregory W. Liebl /Ashley R. Heitkamp|
|28||04/25/2022||ARGUED: Gregory W. Liebl /Ashley R. Heitkamp|
|29||04/25/2022||ORAL ARGUMENT WEBCAST|