Interest of A.M.S.
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| 20040268 |
In the Interests of A.M.S., a
minor child, by her Natural
Guardian, Tina Farthing; State of
North Dakota, by and through the
Stutsman County Social Service
Board; and Tina Farthing, Plaintiffs and Appellees
v.
Milton Stoppleworth, Jr., Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John T. Paulson |
|
Nature of Action: |
Child Support
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| Counsel: |
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| Term: |
02/2005 Argument: 02/11/2005 04:00pm
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| ND cite: |
2005 ND 64
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| NW cite: |
694 N.W.2d 8
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| Issues: |
Appellee's Statement of the Issues:
I. Whether a voluntary or self-induced change in circumstances due to incarceration which reduces the income of an obligor justifies a reduction of child support.
II. Whether seeking modification of a child support obligation based upon disability
can be raised for the first time on appeal, without having been raised to the
trial court?
III. Whether child support can be retroactively modified.
IV. Whether imputing income to an imprisoned obligor at the minimum
wage rate based on unemployment or underemployment is "unjust"?
V. Whether reliance by an incarcerated obligor in North Dakota on the Washington state case of In re Marriage of Gilbert and on the New York state case of Rose ex rel. Clancy v. Moody is misplaced?
VI. Whether child support calculations must be submitted with supporting documentation to warrant a reduction in child support amount.
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 Add Docket 20040268 RSS
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| 1 | | 09/24/2004 | |
NOTICE OF APPEAL: 09/15/2004 |
| 2 | | 09/24/2004 | |
Order for Transcript |
| 3 | | 09/24/2004 | |
RECORD ON APPEAL |
| 4 | | 09/24/2004 | |
(This case is consolidated w/20040269 & 20040270; make all docket entries, except disp., |
| 5 | | 09/24/2004 | |
this case) |
| 6 | | 09/29/2004 | |
(The records in 20040269 & 20040270 are entered as ROA in those respective cases) |
| 7 | | 10/20/2004 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated 10/18/04 from Milton Stoppleworth) |
| 8 | | 10/20/2004 | |
ACTION BY CLERK. Granted: 11/24/2004 |
| 9 | | 11/26/2004 | |
APPELLANT BRIEF |
| 10 | | 12/03/2004 | |
DISK NONCOMPLIANCE - ATB (scanned) |
| 11 | | 12/10/2004 | |
APPELLANT APPENDIX |
| 12 | | 12/28/2004 | |
APPELLEE BRIEF |
| 13 | | 12/29/2004 | |
Request to waive oral argument on behalf of Appellees (letter dated 12-28-04 from Mark S. Douglas) |
| 14 | | 01/04/2005 | |
Corrected TOA & pages 17, 18, 22 & 23 for AEB |
| 15 | | 01/04/2005 | |
DISK - aeb |
| 16 | | 01/06/2005 | |
Request to waive oral argument on behalf of the Appellant (letter dated 1-03-05) |
| 17 | | 01/21/2005 | |
ACTION BY CHIEF JUSTICE (OA waived - AT/AE). Granted |
| 18 | | 02/11/2005 | |
APPEARANCES: submitted on brief under N.D.R.App.P. 34(f) |
| 19 | | 02/11/2005 | |
ARGUED: submitted on brief under N.D.R.App.P. 34(f) (Vol. Z, pp. 85-86) |
| 20 | | 03/23/2005 | |
DISPOSITION: AFFIRMED |
| 21 | | 03/23/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 22 | | 03/23/2005 | |
Costs on appeal taxed in favor of appellees |
| 23 | | 03/24/2005 | |
Judgment Mailed to Parties |
| 24 | | 04/22/2005 | |
MANDATE |
| 25 | | 04/26/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |