Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re the Marriage of: Lora L. Wyrick

October 30, 2012

IN RE THE MARRIAGE OF: LORA L. WYRICK, PETITIONER AND APPELLEE, AND DONALD H. WYRICK, RESPONDENT AND APPELLANT.


APPEAL FROM: District Court of the Sixteenth Judicial District, In and For the County of Fallon, Cause No. DR 1993-5570 Honorable Joe L. Hegel, Presiding Judge

The opinion of the court was delivered by: Brian Morris

Submitted on Briefs: October 2, 2012

Decided: October 30, 2012

Filed:

Clerk

Justice Brian Morris delivered the Opinion of the Court.

¶1 Appellant Donald H. Wyrick (Donald) appeals from the District Court's findings of fact, conclusions of law, and order modifying child support. We affirm in part and remand in part for further proceedings.

¶2 We review the following issues on appeal:

¶3 Whether the District Court abused its discretion when it limited the child support modification to the date that Donald filed his motion for modification?

¶4 Whether the District Court abused its discretion when it calculated Donald's child support obligations?

¶5 Whether the District Court violated Donald's due process rights?

PROCEDURAL AND FACTUAL BACKGROUND

¶6 Donald and Lora L. Wyrick (Lora) filed for dissolution in 1993. At that time, Donald and Lora entered into a separation agreement that required Donald to pay child support in the amount of $150 per month for each of their three minor children and maintenance in the amount of $150 per month. Lora moved to Minnesota in 1994 where she applied for public assistance. Lora assigned her rights under the separation agreement to Minnesota Child Support Enforcement Division (Minnesota CSED) as a condition of her receipt of public assistance.

ΒΆ7 Minnesota CSED requested that Montana Child Support Enforcement Division (Montana CSED) collect child support from Donald. Montana CSED mistakenly assumed that the separation agreement constituted a district court order and commenced enforcement. Montana CSED added a fourth child born to the parties after the 1993 separation agreement and set Donald's child support obligation at $156 for each of the now four minor children for a total monthly obligation of $624. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.