Search Tips

Anderson v. Spitzer, et al.

Docket No. 20210290
Oral Argument: Monday, April 25, 2022 9:00 AM

Docket Info

Title
Kate Austin Anderson, Plaintiff and Appellee
v.
Derek Thomas Spitzer, Defendant and Appellant
and
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
Oral Argument 4/25/2022

Parties' Statement of Issues

  • Appellant

    [¶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.


Summary

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.


Briefs

Filing Date Description
01/26/2022 APPELLANT BRIEF View
03/04/2022 APPELLEE BRIEF View
03/30/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Gregory William Liebl - 06132
APPELLEE PRIVATE PRACTICE Ashley Renae Heitkamp - 06606
APPELLANT PRIVATE PRACTICE Andrew Verne Younker - 09493

(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
9 01/26/2022 APPELLANT BRIEF View
10 01/26/2022 APPELLANT APPENDIX
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
15 03/04/2022 APPELLEE BRIEF View
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
25 03/30/2022 REPLY BRIEF View
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