SCHAFF v. SCHAFF

Civ. No. 890016.

446 N.W.2d 28 (1989)

Loree Lynn SCHAFF, formerly Loree Mathern, Plaintiff and Appellant, and Amber Mathern, Plaintiff, v. James Martin SCHAFF, Defendant and Appellee, and Kenneth Gerhardt, Director of Morton County Social Services and Tammie Anderson, former Guardian Ad Litem for Amber Mathern, Defendants.

Supreme Court of North Dakota.

September 26, 1989.


Attorney(s) appearing for the Case

David Alan Dick (argued), Wolf Point, Mont., for plaintiff and appellant.

Kelsch, Kelsch, Ruff & Austin, Mandan, for defendant and appellee; argued by Thomas D. Kelsch.


LEVINE, Justice.

Loree Schaff appeals from a district court judgment dismissing her declaratory judgment action against James Schaff. We reverse and remand for entry of judgment consistent with this opinion.

On September 20, 1984, Loree gave birth to a daughter out-of-wedlock. Pursuant to a stipulation in a paternity action, James admitted paternity of the child and agreed to pay as child support a lump-sum payment consisting of an annuity which provided ...

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