State of Washington ex rel. Breyfogle v. Breyfogle

Case Date: 10/31/1990
Docket No: none

State of Washington ex rel. Dept. of Social and Health Services v. BreyfogleCivil No. 900025

State of Iowa ex rel. Breyfogle v. BreyfogleCivil No. 900026

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.