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FIX v. FIX

No. 20315.

870 P.2d 1331 (1993)

125 Idaho 372

Shirley Ann FIX, Plaintiff-Respondent, v. Herbert M. FIX, Defendant-Appellant.

Court of Appeals of Idaho.

Rehearing Denied February 3, 1994.

Petition for Review Denied April 14, 1994.

Attorney(s) appearing for the Case

Risch, Goss & Insinger, Boise, for defendant-appellant. John Theil argued.

Lojek, Gabbert & Strother, Boise, for plaintiff-respondent. Jeffrey A. Strother argued.

WALTERS, Chief Judge.

Mr. Herbert M. Fix (Herbert) appeals from a magistrate's decision, affirmed by the district court, denying his motion to terminate what he asserts are spousal support payments he has been making to his ex-wife, Mrs. Shirley Ann Fix (Shirley). The magistrate determined that the payments were part of the community property division and therefore could not be modified. We affirm.

The pertinent facts are as follows. Herbert and Shirley were...

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