[Go to Documents] | Filed Oct. 31, 1990 |
State of Washington ex rel. Dept. of Social and Health Services and Christie Kay Breyfogle, Petitioners and Appellees
v.
Mark C. Breyfogle, Respondent and Appellant
Civil No. 900025
State of Iowa ex rel. Cindy Lou Breyfogle, Petitioner and Appellee
v.
Mark C. Breyfogle, Respondent and Appellant
Civil No. 900026
Appeals from the District Court for Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.
AFFIRMED.
Opinion of the Court by Levine, Justice.
Henry H. Howe of Howe & Seaworth, Grand Forks, for appellant.
Sonja Clapp, Assistant State's Attorney, Grand Forks, for appellees.
State of Washington ex rel. Dept. of Social and Health Services v. Breyfogle
State of Iowa ex rel. Breyfogle v. Breyfogle
Levine, Justice.
Mark Breyfogle appeals from two district court orders denying his motions to modify Iowa and Washington child support orders and assessing arrearages. The district court found that Breyfogle's unemployment was not permanent and therefore did not constitute a material change of circumstances justifying the elimination of his child support obligation. We affirm under Rule 35.1(a)(2), North Dakota Rules of Appellate Procedure.
The district court also determined that a July 27, 1984 Bottineau County district court order which reduced Breyfogle's child support obligation under the Iowa decree from $75 a week to $100 a month, without specifically nullifying the Iowa child support order, did not modify that order. We affirm under Rule 35.1(a)(7), North Dakota Rules of Appellate Procedure. See Coogan v. Fennell, 379 N.W.2d 791 (N.D. 1985).
Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.