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MOONEY v. BRENNAN

No. 92-089.

848 P.2d 1020 (1993)

Clayton Michael MOONEY, Petitioner and Respondent, v. Sherry Lynn BRENNAN, Respondent and Appellant, and Michael Anthony Mooney, a Minor Child.

Supreme Court of Montana.

Decided March 5, 1993.

Attorney(s) appearing for the Case

Judy A. Williams, Billings, for respondent and appellant.

George T. Radovich, Billings, for petitioner and respondent.

Ann Hefenieder, Dept. of Social and Rehabilitation Services, Billings, K. Amy Pfeifer, Dept. of Social and Rehabilitation Services, Helena, for amicus curiae.

TURNAGE, Chief Justice.

Sherry Lynn Keele, formerly Sherry Lynn Brennan (Brennan), appeals the modification of a child support order entered in the District Court for the Thirteenth Judicial District, Yellowstone County. We reverse.

We restate the issue presented as:

Does incarceration constitute a substantial and continuing change in circumstances so as to make the terms of an existing child support order unconscionable and, as such, warrant modification...

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