Surerus v. Matuska

I concur in the result. I agree the issue in Koch v. Williams, 456 N.W.2d 299 (N.D.1990), was whether incarceration of an obli-gor constituted a change of circumstances so as to justify a reduction in child support. Because of the statutory changes discussed in the majority opinion, I also agree whether or not incarceration is voluntary is no longer as significant as it was in Koch. However, the basic question remains whether or not incarcerated obligors should accumulate ar-rearages in support payments when they are confined and unable to earn sufficient money to pay the support. The child…