Schulz v. Schulz Civil No. 930353

Per Curiam.

Stacy Norman Schulz appeals from an amended judgment which granted Carol S. Schulz's motion to modify a divorce decree by increasing Stacy's support obligation for their child, Paula, from $1,050 to $1,800 per month. Because the trial court's modification of child support is not clearly erroneous, we affirm the amended judgment under NDRAppP 35.1(a)(2). Stacey's request on appeal to be granted the right to claim the dependency tax exemption for Paula was not adequately raised below to preserve it for our review. We remand to the trial court for determination of Carol's costs and attorney fees on this appeal. See, e.g., Roen v. Roen, 438 N.W.2d 170, 174 (N.D. 1989).

William A. Neumann
Beryl J. Levine
Dale V. Sandstrom
Herbert L. Meschke
Gerald W. VandeWalle, C.J.