In Re the Marriage of Gingerich

I respectfully dissent from our decision on Issue III.

As to the court’s extending the Husband’s child support obligation, § 40-4-208(5), MCA (1981), the code in effect when the parties executed their November 4,1982 Custody, Support and Property Settlement Agreement and when the court entered its November 29,1982 Decree of Dissolution, provided for the automatic termination of child support at emancipation. That same section of the code in effect when the Wife filed her petition for modification, provides for child support during the time that an 18 year old child remains in high school.…