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OTTERSON v. OTTERSON

Civil No. 970096.

571 N.W.2d 648 (1997)

1997 ND 232

Todd D. OTTERSON, Plaintiff and Appellant, v. Corinna A. OTTERSON, n/k/a Schultz, Defendant and Appellee.

Supreme Court of North Dakota.

December 2, 1997.

Attorney(s) appearing for the Case

Steven J. Simonson (argued), Assistant State's Attorney, and Tina M. Heinrich (appearance), of Regional Child Support Enforcement Unit, Minot, for plaintiff and appellant.

Michael S. McIntee, of McIntee Law Firm, Towner, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] The Minot Regional Child Support Enforcement Unit [the Unit] appealed from a judgment dismissing its motion to modify child support owed by Corrina Schultz. Because the trial court improperly shifted the burden of proof and did not include proceeds of a personal injury settlement in Schultz's income, we reverse and remand for further proceedings.

I.

[¶ 2] Schultz...

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