Introduction to Basic Legal Citation - access-to-law home

. . . .
[12] Robert asserts that, even if the stipulation is unenforceable, the court could have
nevertheless reached the same result by treating the $33,000 college payments as a "continued
or fixed expense" over which he had no control under N.D.A.C. § 75-02-04.1-09(2)(j),
thereby rebutting the presumptively correct amount under the guidelines. The trial court made
no specific finding the presumptively correct amount had been rebutted, as required by the
guidelines. See, e.g., In re L.D.C., 1997 ND 104, 8, 564 N.W.2d 298. Furthermore, deviation
from the guidelines amount is appropriate only if the court first finds by a preponderance of
the evidence that a deviation "is in the best interest of the supported children." N.D.A.C. § 75-
02-04.1-09(2). There is no evidence in this record, nor a finding by the court, that it is in
Diana and David's best interest to allow Robert to pay less than the guidelines amount for
their support.
. . . .
N.D. R. Ct. 11.6,
http://www.court.state.nd.us/Court/Rules/NDROC/RULE11.6.htm.
(a) Citations Before January 1, 1997. The initial citation of any published opinion of the
Supreme Court released before January 1, 1997, contained in a brief, memorandum, or other
document filed with any trial or appellate court and a citation in the table of cases in a brief
must include a reference to the volume and page number of the North Western Reporter in
which the opinion is published. Subsequent citations within a brief, memorandum, or other
document must include the page number and sufficient reference to identify the initial
citation.
(b) Citations After January 1, 1997. When available, initial citations must include the volume
and initial page number of the North Western Reporter in which the opinion is published. The
initial citation of any published opinion of the Supreme Court or Court of Appeals released on
or after January 1, 1997, contained in a brief, memorandum, or other document filed with any
trial or appellate court and the citation in the table of cases in a brief must also include a
reference to the calendar year in which the decision was filed, followed by the court
designation of "ND" for the Supreme Court or "ND App" for the Court of Appeals followed
by a sequential number assigned by the Clerk of the Supreme Court. A paragraph citation
should be placed immediately following the sequential number assigned to the case.
Subsequent citations within the brief, memorandum or other document must include the
paragraph number and sufficient references to identify the initial citation.
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