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SAZAMA v. STATE EX REL. MUILENBERG

No. 23959.

729 N.W.2d 335 (2007)

2007 SD 17

Ed SAZAMA, Plaintiff, Respondent and Appellant, v. STATE of South Dakota, ex rel., Dawn MUILENBERG, Defendant, Petitioner and Appellee.

Supreme Court of South Dakota.

Decided February 21, 2007.

Attorney(s) appearing for the Case

Thomas E. Alberts, Avon, South Dakota, Attorney for plaintiff, respondent and appellant.

Lawrence E. Long, Attorney General, Pierre, South Dakota, Douglas R. Kettering, Special Assistant Attorney General, Yankton, South Dakota, Attorneys for defendant, petitioner and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Ed Sazama (Sazama) appeals a judgment of contempt for failure to pay child support. Sazama also appeals an order imposing ten days in jail for each month that he fails to pay child support upon the filing of an affidavit of failure to pay. We affirm in part and reverse and remand in part.

FACTS AND PROCEDURE

[¶ 2.] Sazama and Dawn Muilenberg (Muilenberg) had two children during their relationship. After...

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