01-0473 In Re the Paternity of Derek S.H.: State, et al. v. Daniel G.H.

By: dmc-admin//March 4, 2002//

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Daniel G.H. appeals orders establishing child support and amending a paternity judgment. Daniel argues that the jury’s finding that he did not consent to sexual intercourse should bar or reduce his child support obligation. The State cross-appeals and argues that because Daniel did not have a right to a jury trial, its decision was not binding. We agree with the State and also conclude that the trial court properly exercised its discretion by setting child support.

Therefore, we affirm the orders.

This opinion will not be published.

Dist III, Lincoln County, Nolan, J., Per Curiam

Attorneys:

For Appellant: Randy L. Frokjer, Merrill

For Respondent: Donald J. Dunphy, Merrill; James A. Wedemeyer, Merrill

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