Ebach v. Ebach
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| 20040306 |
Lana K. Ebach, Plaintiff and Appellee
v.
Donald M. Ebach, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
McLean County
Judge Bruce A. Romanick |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
03/2005 Argument: 03/03/2005 10:45am
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| ND cite: |
2005 ND 123
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| NW cite: |
700 N.W.2d 684
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Can spousal support be reduced, where a payor retires before age 65, if the retirement provides the payee spouse with substantially more monthly income than she had before the retirement?
II.Are payments received from a retirement account considered income?
III.When the totality of the circumstances involved in donald's motion to reduce spousal support are considered, should donald be allowed a reduction in his $750 per month spousal support?
Appellee's Statement of the Issues:
1. What analysis should the Court apply in determining whether a voluntary early retirement constitutes a material change of circumstances to justify a reduction in spousal support?
2. Did the trial court clearly err in determining there was not a change in circumstances?
3. Did the trial court properly deny redistribution of Otter Tail retirement benefits without a showing under Rule 60(b), N.D.R.Civ.P.?
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| 1 | | 11/03/2004 | |
NOTICE OF APPEAL: 11/01/2004 |
| 2 | | 11/03/2004 | |
ORDER FOR TRANSCRIPT (Lisa Soma): 11/01/2004 |
| 3 | | 11/30/2004 | |
RECORD ON APPEAL, not forwarded with the record were Nos. 12 (Property & Debt Listing filed by FAX |
| 4 | | 11/30/2004 | |
PL Exhibit), 11 (PL Exhibits 1 thru 16 and 19 & 20; DEF 17 & 21)) |
| 5 | | 12/02/2004 | |
TRANSCRIPT DATED September 27, 2004 |
| 6 | | 12/02/2004 | |
DISK - TRA of 9-27-04 |
| 7 | | 12/30/2004 | |
APPELLANT BRIEF |
| 8 | | 12/30/2004 | |
APPELLANT APPENDIX |
| 9 | | 01/04/2005 | |
Corrected TOA & page 10 for ATB |
| 10 | | 01/04/2005 | |
DISK - atb |
| 11 | | 01/27/2005 | |
APPELLEE BRIEF |
| 12 | | 01/27/2005 | |
Affidavit of Service by Mail |
| 13 | | 01/27/2005 | |
DISK - Appellee's Brief |
| 14 | | 03/03/2005 | |
APPEARANCES: Benjamin C. Pulkrabek, Donald M.Ebach; Patricia E. Garrity, Lana K. Ebach |
| 15 | | 03/03/2005 | |
ARGUED: Pulkrabek; Garrity (Vol. Z; Page 94) |
| 16 | | 03/03/2005 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 07/13/2005 | |
DISPOSITION (and Remanded): AFFIRMED |
| 18 | | 07/13/2005 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 19 | | 07/13/2005 | |
CONCURRING: VandeWalle, Gerald W.: CONCUR |
| 20 | | 07/13/2005 | |
CONCUR/JOIN: Sandstrom, Dale V.: JN/CON |
| 21 | | 07/13/2005 | |
Costs on appeal taxed in favor of Appellant |
| 22 | | 07/14/2005 | |
Judgment Mailed to Parties |
| 23 | | 08/04/2005 | |
MANDATE |
| 24 | | 08/08/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |