State, Dept. of Health & Welfare v. Housel

SCHROEDER, Justice.

The Department of Health and Welfare (“Department”) appeals from the district court’s determination that the magistrate judge had no right or power to order child support payments between parents who were married and not legally separated.

I

FACTUAL & PROCEDURAL BACKGROUND

At the time this action was initiated Richard Housel (“Richard”) and Kimberly Housel (“Kimberly”) were married and the parents of three minor children. Although the Housels were living separately, neither had filed for divorce or legal separation.

On October 1,1998, the Department filed a complaint against…