Duncan v. Duncan

BROWN, Justice, Retired.

Appellant Kathryn Elaine Duncan (wife) appeals from an order of the district court denying her Motion to Set Aside Judgment modifying a divorce decree as to child custody and support. The sole issue to be decided is whether the Order of Modification was properly entered. We hold that it was not and therefore reverse.

Wife and Duane J. Duncan (husband) were divorced on October 16, 1981. Pursuant to the divorce decree, wife received custody of the two children of the marriage and husband was ordered to pay child support. Following the divorce, wife moved to California for…