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DAVIS v. DAVIS

No. 20090145.

780 N.W.2d 707 (2010)

2010 ND 67

D. Luke DAVIS, Plaintiff and Appellant v. Pamela Gordon DAVIS, Defendant and Appellee.

Supreme Court of North Dakota.

April 6, 2010.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Fargo, N.D., for plaintiff and appellant.

Jay Dennis Knudson, Grand Forks, N.D., for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] D. Luke Davis appeals from a judgment dismissing his action against Pamela Gordon Davis to recover an overpayment of child support. Because the Child Support Guidelines mandate that D. Luke Davis be reimbursed for his overpayment of child support under the circumstances, we reverse.

I

[¶ 2] D. Luke Davis and Pamela Gordon Davis divorced in February 1997. Under the terms of the divorce judgment, Pamela Gordon Davis...

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