Garbe v. Garbe’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"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 rehutted. 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.” (Emphasis added.)”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Reinecke v. Griffeth · O'Callaghan v. O'Callaghan

2. ““While we have never held that the trial court may not follow the suggested guidelines if the child support awarded is fair and reasonable and supported by the evidence, see State ex rel. Younger [v. Bryant], [ 465 N.W.2d 155 (N.D.1991)], supra (Levine, J., concurring specially), the trial court must find a material change of circumstances before it can apply the guidelines. Only after the trial court determines that a material change of circumstances has occurred, without reference to the guidelines, can it proceed to modify the child support. See Younger, supra (VandeWalle, J., concurring specially). The disparity between the obligor’s current payments and the payments suggested by the guidelines cannot serve as a basis for finding a change in circumstances. Younger, supra.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Sweeney v. Hoff

3. “A judgment or order requiring the payment of child support until the child attains majority continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first, if: a. The child is enrolled and attending high school and is eighteen years of age prior to the date the child is expected to be graduated; and b. The child resides with the person to whom the duty of support is owed.”

   1 later decision quote this exact passage
   e.g. Hallock v. Mickels