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STATE, DEPT. OF HEALTH & WELFARE v. HOUSEL

No. 28652.

90 P.3d 321 (2004)

140 Idaho 96

STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Plaintiff-Appellant, v. Richard A. HOUSEL and Kimberly C. Housel, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 2004 Term.

April 28, 2004.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Jerold W. Lee argued.

Richard Alex Housel, pro se respondent.

SCHROEDER, Justice.

The Department of Health and Welfare ("Department") appeals from the district court's determination that the magistrate judge had no right or power to order child support payments between parents who were married and not legally separated.

I.

FACTUAL & PROCEDURAL BACKGROUND

At the time this action was initiated Richard Housel ("Richard") and Kimberly Housel ("Kimberly") were married and the parents of three minor...

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