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Kaspari v. Kaspari

Docket No. 20220141
Oral Argument: Waived

Docket Info

Title
Jean Kaspari, Plaintiff and Appellee
v.
Thomas Kaspari, Defendant and Appellant
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 2019-DM-00050
South Central Judicial District, Mercer County
Pamela Ann Nesvig
2022 ND 204982 N.W.2d 291

Highlight

A district court may not order an award of spousal support that exceeds the court’s own finding of need for a recipient spouse without specifically identifying and quantifying those additional expenses.

A district court may not order an award of spousal support based upon a supporting spouse’s post-separation work schedule that increases their weekly hours by double what is typically associated with full-time employment without specific findings as to why such a measurement would be appropriate.

A district court may not order an award of spousal support based upon cash transfers and expenses paid on behalf of adult children without specific findings as to why those costs should be included in the award.

Briefs

Filing Date Description
06/24/2022 APPELLANT BRIEF View
07/21/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Ann Christianson Mahoney - 03497
APPELLANT PRIVATE PRACTICE Jennifer M. Gooss - 07971

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

Seq. # Filing Date Description Attachment
1 05/16/2022 NOTICE OF APPEAL : 05/16/2022
2 05/18/2022 Rec'd Filing Fee
3 05/23/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/23/2022 Notice Served on Jennifer M. Gooss and Ann C. Mahoney
5 06/22/2022 ELEC. RECORD ON APPEAL DATED JUNE 21, 2022 (ENTRY NOS. 1-120)
6 06/24/2022 APPELLANT BRIEF View
7 06/27/2022 Rec'd 3 copies of ATB from CD
8 07/21/2022 APPELLEE BRIEF View
9 07/25/2022 Rec'd 3 copies of AEB back from CD
10 07/26/2022 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
11 08/09/2022 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
12 08/09/2022 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)
13 09/09/2022 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
14 11/10/2022 DISPOSITION
15 11/10/2022 SPLIT OPINION : Jensen, Jon J. View
16 11/10/2022 DISSENT : McEvers, Lisa K. Fair
17 11/10/2022 Judgment View
18 11/10/2022 Costs taxed in favor of Appellant
19 12/02/2022 MANDATE