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DeBOER v. DeBOER

No. 26222.

822 N.W.2d 730 (2012)

2012 S.D. 74

Bradley C. DeBOER, Plaintiff and Appellee, v. Tara D. DeBOER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Chad C. Nelson , Milbank, South Dakota, Attorney for plaintiff and appellee.

Thomas L. Sannes , David A. Geyer of Delaney, Nielsen & Sannes, PC, Webster, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Bradley DeBoer sued Tara DeBoer for divorce. Tara counterclaimed for custody and support of a child she had from a prior relationship. The circuit court granted Tara custody of the child, but denied Tara's request for child support. Tara appeals. She argues that a duty of support arose under Texas presumption of paternity statutes. We agree that a duty of support arose under the Texas statutes, and we reverse.

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