T.E.J. v. T.S.

20030337 T.E.J., Plaintiff and Appellant
v.
T.S. and L.R.S.-J., a minor
child, by and through her
guardian, T.S., Defendants and Appellees

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail H. Hagerty
Nature of Action: Paternity
Counsel:
Appellant: Fleck Law Office
Appellee: Kelsch, Kelsch, Ruff & Kranda
Term: 03/2004   Argument: 03/31/2004  02:45pm
ND cite: 2004 ND 120
NW cite: 681 N.W.2d 444

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Issues: Appellant's Statement of the Issues:
1. Whether the trial court abused its discretion in applying N.D. Admin. Code  75-02-04.1-07(9) in the determination of TJ's child support obligation for the last eight months of 2002 and for 2003 and thereafter?
2. Even if the trial court's application of N.D. Admin. Code  75-02-04.1-07(9) was not an abuse of discretion, whether the court still erred in its determination of TJ's child support obligation for the years 2002, 2003 and thereafter?
3. Whether the trial court erred in its determination of TJ's child support obligation for the years 1999, 2000 and 2001 and the first four months of 2002?
4. Whether the trial court erred by failing to either credit TJ's child support arrears for the value of property the child's mother accepted in lieu of support prior to commencement of the action or enter a money judgment against the mother for the value of the property?
5. Whether the trial court erred by failing to either credit TJ's child support arrears for the $2,500 the child's mother received from TJ to invest on TJ's behalf, which the mother converted to her and the child's benefit prior to the commencement of this action, or enter a money judgment against the mother for the $2,500?
6. Whether the trial court erred in requiring TJ exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence?
7. Whether the trial court erred in limiting TJ's Christmas visit to only half of the child's Christmas break each year?

Appellant's Statement of Issue after Remand
Whether the trial court erred in requiring TJ exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence?

Appellee's Statement of the Issues:
1. Whether the trial court abused its discretion in applying N.D. Admin. Code 75-02-04.1-07(9) in the determination of Plaintiff TJ's child support obligation for the last eight months of 2002 and for 2003 and forward?
2. If the trial court did not abuse its discretion when applying N.D. Admin. Code 75-02-04.1-07(9), did it still err in its determination of Plaintiff TJ's child support obligation for the years 2002, 2003 and thereafter?
3. Whether the trial court erred in its determination of Plaintiff TJ's child support obligation for the years 1999, 2000 and 2001 and the first four months of 2002?
4. Whether the trial court erred by refusing to either credit Plaintiff TJ's child support arrears or to enter a money judgment against the mother, for the value of the property gifted by TJ to the child's mother?
5. Whether the trial court erred by refusing to either credit Plaintiff TJ's child support arrears or to enter a money judgment against the child's mother, for the sum of $2,500?
6. Whether the trial court erred in requiring Plaintiff TJ to exercise his one week visits in the fall and spring of each year at only the child's or TJ's city of residence?
7. Whether the trial court erred in limiting Plaintiff TJ's Christmas visit to only half of the child's Christmas break each year?

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Docket entries:
111/18/2003 NOTICE OF APPEAL: 11/14/2003
211/18/2003 ORDER FOR TRANSCRIPT: 11/14/2003
311/18/2003 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
411/24/2003 TRANSCRIPT DATED April 30, 2003
511/24/2003 DISK - TRA
612/01/2003 RECORD ON APPEAL (4 Vol.) exhibits and transcript dated June 27, 2002
712/23/2003 Clerk's Supplemental Cert. of Record (entries 134-140)
801/05/2004 MOT. EXT/TIME APPELLANT BRIEF
901/05/2004 ACTION BY CLERK. Granted: 01/09/2004
1001/12/2004 MOT. EXT/TIME APPELLANT BRIEF
1101/12/2004 ACTION BY CHIEF DEPUTY CLERK. Granted: 01/12/2004
1201/12/2004 APPELLANT BRIEF
1301/12/2004 APPELLANT APPENDIX
1401/12/2004 DISK - atb
1502/10/2004 APPELLEE BRIEF
1602/10/2004 DISK - aeb
1702/18/2004 SITTING WITH THE COURT: Leclerc, Lawrence A.
1803/22/2004 MOT. EXT/TIME REPLY BRIEF
1903/23/2004 Appellees' Response to Appellant's Motion to Extend Time to File Appellant's Reply Brief
2003/23/2004 Appellees' MOT. for award of attorney fees and costs (part of Response to Appellant's Mot/Ext/RYB)
2103/24/2004 ACTION BY SUPREME COURT (mot/ext/time RYB). Denied
2203/24/2004 ACTION BY SUPREME COURT (Appellees' Mot/Award of Attorney Fees & Costs). Denied
2303/31/2004 APPEARANCES: Arnold V. Fleck; Cynthia Wagner Goulet and T.S.
2403/31/2004 ARGUED: Fleck; Goulet (Vol. Y; Page 223)
2503/31/2004 ORAL ARGUMENT WEBCAST
2605/05/2004 ORDER OF TEMPORARY REMAND
2705/06/2004 Order of Temporary Remand sent to parties
2805/17/2004 Refiled RECORD ON APPEAL (4 vols.), Exhibits, and Transcript dated 6-27-02
2905/28/2004 APPELLANT'S BRIEF AFTER REMAND
3006/01/2004 Faxed letter dated 6-01-04 from Cynthia Wagner Goulet (T.S. will not be submitting a formal brief)
3106/02/2004 Letter dated 6-01-04 from Cynthia Wagner Goulet (original)
3206/01/2004 DISK - e-mailed (ATB after Remand)
3306/16/2004 DISPOSITION: AFFIRMED
3406/16/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
3506/16/2004 Costs on appeal taxed in favor of Appellees
3606/16/2004 Order/Judgment Mailed to Parties
3706/30/2004 PETITION FOR REHEARING
3806/30/2004 DISK (e-mailed) - PER
3907/30/2004 ACTION BY SUPREME COURT (PER). Denied
4008/09/2004 MANDATE

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