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Hamburger v. Hamburger

Docket No. 20220051
Oral Argument: Waived

Docket Info

Title
Tim Hamburger, Plaintiff and Appellant
v.
Kimberly Hamburger, Defendant and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-00255
Southwest Judicial District, Stark County
James D. Gion

Parties' Statement of Issues

  • Appellant

    a. Did the trial court commit clear error finding that there was no agreement or acquiescence to a change of custody?
    b. Did the trial court abuse its discretion when it refused to order Kimberly to pay prior period child support?
    c. Did the trial court abuse its discretion denying child support from the time that TLH moved for custody and support, such motion filed May 5, 2021, until TLH moved out on his own?
    d. Did the trial court abuse its discretion by denying Tim an evidentiary hearing?
    e. Did the trial court abuse its discretion by not awarding attorney fees related to a contempt proceeding against Kimberly?

  • Appellee 1

    1. Did the trial court commit clear error finding that there was no agreement or acquiescence to a change of custody?
    2. Did the trial court abuse its discretion when it refused to order Kimberly to pay prior period child support?
    3. Did the trial court abuse its discretion denying child support from the time that TLH [sic] moved for custody and support, such motion filed May 5, 2021, until TLH moved out on his own?
    4. Did the trial court abuse its discretion by denying Tim an evidentiary hearing?
    5. Did the trial court abuse its discretion by not awarding attorney fees related to a contempt proceeding against Kimberly?


Summary

Tim Hamburger appeals from an order denying his motions for relief from judgment and to amend his motion for relief.

The parties were divorced in 2017. Kimberly Hamburger was awarded primary residential responsibility of the parties’ minor child and Tim Hamburger was ordered to pay child support. In 2019, Roughrider North Human Services Zone removed the child from Kimberly Hamburger’s care and placed the child with Tim Hamburger.

In May 2021, Tim Hamburger moved for relief from the judgment to award him primary residential responsibility of the child and establish a child support obligation for Kimberly Hamburger. In November 2021, Tim Hamburger moved to amend his motion to include back child support dating back to when the child moved in with him. After a hearing, the district court denied the motion to amend, concluding denial was in the interest of justice and the amendment would be futile. The court also denied the motion for relief from judgment, finding all the issues were either resolved or moot.

On appeal, Tim Hamburger argues the district court erred by finding there was no agreement or acquiescence to a change of custody, denying him an award of child support, denying him an evidentiary hearing, and failing to award his attorney’s fees.


Briefs

Filing Date Description
04/25/2022 APPELLANT BRIEF View
05/24/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Jami L. Haynes - 07850
APPELLANT PRIVATE PRACTICE Dennis William Lindquist - 04918

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

Seq. # Filing Date Description Attachment
1 02/09/2022 NOTICE OF APPEAL : 02/09/2022
2 02/09/2022 ORDER FOR TRANSCRIPT
3 02/14/2022 Rec'd $125.00 Filing Fee
4 02/16/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/16/2022 Notice Served on Dennis W. Lindquist, Jami L. Haynes and Mark C. Sherer
6 02/16/2022 AMENDED ORDER FOR TRANSCRIPT : 02/22/2022
7 03/15/2022 ELEC. RECORD ON APPEAL DATED MARCH 14, 2022 (ENTRY NOS. 1-349)
8 04/22/2022 All Transcripts Filed in Record
9 04/25/2022 APPELLANT BRIEF View
10 04/26/2022 Rec'd corrections to ATB
11 04/27/2022 Rec'd Service to ATB
12 04/27/2022 Rec'd 3 copies of ATB back from CD
13 05/24/2022 NOTICE OF ORAL ARGUMENT SENT
14 05/24/2022 APPELLEE BRIEF View
15 05/25/2022 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
16 05/25/2022 Received Notice of Intent to Waive Oral Argument
17 05/26/2022 Rec'd 3 copies of AEB back from CD