Withey v. Hager’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “4. If a child support order sought to be amended was entered at least one year before the filing of a motion or petition for amendment, the court shall order the amendment of the child support order to conform the amount of child support payment to that required under the child support guidelines, whether or not the motion or petition for amendment arises out of a periodic review of a child support order, and whether or not a material change of circumstances has taken place, unless the presumption that the correct amount of child support would result from the application of the child support guidelines is rebutted. If a motion or petition for amendment is filed within one year of the entry of the order sought to be amended, the party seeking amendment must also show a material change of circumstances.”

   1 later decision quote this exact passage
   e.g. Dunnuck v. Dunnuck

2. “This statute clearly requires an obligor requesting a change in child support to show a material change of circumstances if the motion to amend is brought “within one year of the entry of the order sought to be amended.” Hager’s motion must be for amendment of the August 7, 1996 judgment, because that is the latest judgment which establishes his child support obligation. Based upon the parties’ agreement, the August 7, 1996 judgment continued Hager’s child support obligation at $1,165 per month. It dealt with child support by continuing Hager’s obligation without change. Hager’s request two months later to modify his obligation, therefore, carries the statutory prerequisite of showing a material change of circumstances. See Schmidt v. Reamann, 523 N.W.2d 70, 72-73 (N.D.1994).”

   1 later decision quote this exact passage
   e.g. Dunnuck v. Dunnuck