IN RE MARRIAGE OF SMITH

No. 79CA0659.

641 P.2d 301 (1981)

In re the MARRIAGE OF Mary Arden SMITH, Appellant, and Gerald R. Smith, Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 17, 1981.


Attorney(s) appearing for the Case

Mellinger & Throne, Daphne Throne, Boulder, for appellant.

Miller & Gray, P. C., William R. Gray, Boulder, for appellee.


STERNBERG, Judge.

The determinative issue in this appeal is whether a trial court may reverse a referee's decision on a motion to increase child support, without holding an evidentiary hearing. We hold that such reversal may be done only after the judge holds an evidentiary hearing. Since none was held here, we reverse and remand for further proceedings.

The operative facts are these: At the time of entry of a decree dissolving the marriage of the parties...

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