Herring v. Herring, Jr.

Reiber, C.J.,

¶ 12. dissenting. I would uphold the family court’s determination that husband’s incarceration due to his voluntary criminal acts against the parties’ daughter should not be considered an unanticipated change of circumstances relieving him of his maintenance obligation.2 Both our law and public policy considerations compel me to conclude that an obligor may not avoid a support obligation as the result of criminal acts that lead to the obligor’s incarceration — particularly where, as the family court found, husband’s acts were the pivotal causal factor in the parties’ divorce and…