THORNTON v. KLOSE

No. 20090320.

785 N.W.2d 891 (2010)

2010 ND 141

Susan K. THORNTON, fka Susan K. Klose, Plaintiff and Appellee v. Richard S. KLOSE, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2010.


Attorney(s) appearing for the Case

James A. Reisnour, Jamestown, N.D., for plaintiff and appellee; submitted on brief.

Cynthia Gay Schaar, Special Assistant Attorney General, Child Support Enforcement Unit, Jamestown, N.D., submitted on brief.

Joseph F. Larson II, Jamestown, N.D., for defendant and appellant; submitted on brief.


VANDE WALLE, Chief Justice.

[¶ 1] Richard Klose appealed from a temporary child support order amending the terms of a prior divorce judgment. We reverse the order and remand for recalculation of child support, concluding that the district court erred in applying the offset provision of N.D. Admin. Code § 75-02-04.1-08.2 when determining child support in this case.

I

[¶ 2] Richard Klose and Susan Thornton were divorced in 2005. The...

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