State, Dept. of Revenue v. Hubbard

The Department of Revenue (Department) is seeking to recoup funds paid by the State to support appellant’s two children. The action was originally brought by the Department pursuant Sections 40-5-221 and 53-4-248, MCA, in the Fourth Judicial District, Missoula County. The case is before us on appeal from the District Court’s order granting the Department’s motion for summary judgment.

We affirm.

Appellant’s arguments raise the following issues:

1. Whether the prior dissolution and custody decrees relieved appellant of his child support obligation.

2. Whether the State is barred from recoupment by…