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DUFF v. KEARNS-DUFF

No. 20100116.

792 N.W.2d 916 (2010)

2010 ND 247

David E. DUFF, Plaintiff and Appellant v. Martha S. KEARNS-DUFF, Defendant and Appellee.

Supreme Court of North Dakota.

December 21, 2010.

Attorney(s) appearing for the Case

Robert John Schultz , Fargo, N.D., for plaintiff and appellant.

James R. Brothers , Fargo, N.D., for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] David Duff appealed from a divorce judgment awarding Martha Kearns-Duff physical custody of their two minor children, awarding Duff rehabilitative spousal support, and allowing Kearns-Duff to claim the children as dependents for federal and state tax income taxes. We affirm the district court's award of rehabilitative spousal support; however, we conclude the court relied upon an impermissible factor in awarding Kearns-Duff custody...

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