Marschner v. Marschner (N.D. 2001). · Go Syfert
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Marschner v. Marschner (N.D. 2001). Book View Copy Cite
51 citation events (51 in the last 25 years) across 1 distinct court.
Strongest positive: Willprecht v. Willprecht (nd, 2021-02-18)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Willprecht v. Willprecht (2×) also: Cited "see"
N.D. · 2021 · confidence medium
Id. at ¶ 24 (relying on Marcia O’Kelly, Entitlements to Spousal Support After Divorce, 61 N.D.L.Rev. 225, 242 (1985)). 12 [¶30] “We have reversed a decision of the trial court that required a spouse to use her property distribution payments to rehabilitate herself, while permitting the other spouse to retain income-earning property and use the income from that property to make the cash property distribution payments.” Marschner, 2001 ND 4, ¶ 16 (citations omitted).
discussed Cited as authority (rule) Willprecht v. Willprecht (2×) also: Cited "see"
N.D. · 2021 · confidence medium
Id. at ¶ 24 (relying on Marcia O’Kelly, Entitlements to Spousal Support After Divorce, 61 N.D.L.Rev. 225, 242 (1985)). 12 [¶30] “We have reversed a decision of the trial court that required a spouse to use her property distribution payments to rehabilitate herself, while permitting the other spouse to retain income-earning property and use the income from that property to make the cash property distribution payments.” Marschner, 2001 ND 4, ¶ 16 (citations omitted).
examined Cited as authority (rule) Rebel v. Rebel (3×) also: Cited "see"
N.D. · 2016 · confidence medium
We have also made clear, however, that “its purpose is to avoid ‘the potential for economic hardship’ if the farm is divided or sold,” Marschner , at ¶ 18 (quoting Gibbon , at ¶ 7). [¶ 13]- Helen Rebel argues that the district court erred as a matter of law in considering any tax consequences of a liquidation and erred in its factual findings that there was evidence liquidation would be certain to occur. [¶ 14] We have recognized potential taxation matters are part of the pragmatic effects of a marital property division that a district court should cpnsid-' er when it is “properl…
discussed Cited "see" Schiff v. Schiff (2×)
N.D. · 2013 · signal: see · confidence high
See Marschner v. Marschner, 2001 ND 4, ¶ 16 , 621 N.W.2d 339 ; see also Sateren v. Sateren, 488 N.W.2d 631, 634-35 (N.D.1992).
discussed Cited "see" Rebel v. Rebel (2×)
N.D. · 2013 · signal: see · confidence high
See Marschner v. Marschner, 2001 ND 4, ¶¶ 18, 20 , 621 N.W.2d 339 .
discussed Cited "see" Pearson v. Pearson (2×)
N.D. · 2009 · signal: see · confidence high
See Marschner v. Marschner, 2001 ND 4, ¶ 10 , 621 N.W.2d 339 ("A spouse is disadvantaged who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity."); see also Riehl v. Riehl, 1999 ND 107, ¶ 18 , 595 N.W.2d 10 ("[P]ermanent support appropriate because disadvantaged spouse is likely to have a much lower income producing capacity than the other spouse, which earning capacity she aided ... in obtaining.").
discussed Cited "see" Dvorak v. Dvorak (2×)
N.D. · 2006 · signal: see · confidence high
See Marschner v. Marschner, 2001 ND 4, ¶ 16 , 621 N.W.2d 339 (holding a disadvantaged spouse is not required to deplete her property division in order to live). [¶ 35] The district court is required under the Ruff-Fischer guidelines to consider the circumstances of the parties financially, including whether they receive any income-producing property.
discussed Cited "see, e.g." Horner v. Horner (2×)
N.D. · 2004 · signal: see, e.g. · confidence low
See, e.g., Marschner, 2001 ND 4, ¶ 17 , 621 N.W.2d 339 ; Gibbon v. Gibbon, 1997 ND 210, ¶ 7 , 569 N.W.2d 707 .
discussed Cited "see, e.g." Sommer v. Sommer (2×)
N.D. · 2001 · signal: see also · confidence low
See id. [¶ 10] Upon granting a divorce, a court may compel either of the parties to pay the other party spousal support “during life or for a shorter period as to the court may seem just, having regard to the circumstances of the parties respectively.” N.D.C.C. § 14-05-24; see also Marschner v. Marschner, 2001 ND 4, ¶ 10 , 621 N.W.2d 339 . 1 In considering the circum stances of the parties, a trial court must take into account “the needs of the disadvantaged spouse and the supporting spouse's needs and ability to pay.” Mar-sehner, at ¶ 10.
Retrieving the full opinion text from the archive…
Marschner
v.
Marschner
20000172.
North Dakota Supreme Court.
Jan 30, 2001.
Published

Filed 1/30/01 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2001 ND 2

Mitchell Nels Englund, Petitioner and Appellant

v.

State of North Dakota, Respondent and Appellee

Nos. 20000250-20000254

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.

AFFIRMED.

Per Curiam.

DeWayne A. Johnston, 212 South Fourth Street, Suite 201, Grand Forks, N.D. 58201-4776, for petitioner and appellant.

J. E. Rick Brown, Assistant State’s Attorney, 124 South Fourth Street, P.O. Box 5607, Grand Forks, N.D. 58206-5607, for respondent and appellee; submitted on brief.

Englund v. State

Nos. 20000250-20000254

Per Curiam.

[¶1] Mitchell Nels Englund appeals from a Northeast Central Judicial District Court order denying his application for post-conviction relief.  Concluding the judgment of the district court is based on findings of fact that are not clearly erroneous, and concluding the district court did not abuse its discretion in denying post-conviction relief, we summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).

[¶2] Gerald W. VandeWalle, C.J.

Dale V. Sandstrom

William A. Neumann

Mary Muehlen Maring

Carol Ronning Kapsner