No. 82-184 INTHE SUPREMECOUKT OF THE STATE OF MONTANA 1982

EARL I?. McCONNELL, Plaintiff and Appellant,

VS. NINA R. DEWSTER, formerly known as NINA R. McCONNELL, Defendant and Respondent.

Appeal from: DistrictCourt of the Eighteenth Judicial. District, In and for the County of Gallatin Honorable W. W. Lessley, Judge presiding. Counsel of Record: For Plaintiff: Berg, Coil, Stokes & Tollefsen; Michael C. Coil, Bozeman, Montana For Defendant: Morrow, Sedivy, Olson & Eck; Edmund P. Sedivy, Bozeman, Montana

Submitted on briefs: August 19, 1982 Decided: September 10, 19824. Determine there is a clear abuse of the discretion of the DistrictCourt. 5. Decide that therewas an arbitrary exercise of discretion without the employment of conscientious judgment. 6. Hold that child support payments may only be modified upon a showing that there are changes in the situation of the child so substantial and continuous as to make the original child support payments unconscionable. However, the primary and only issuewe need to address iswhether the DistrictCourt's judgment of May 21, 1981, is supportedby substantial credible evidence. On review, this Courtmust determine whether there is sufficient evidence in the record to sustain the findings of the DistrictCourt. Only when the findings of the District Court are clearly erroneouswill they be set aside. Rule 52(a), M.R.Civ.P.; Baer v. Baer (1982), -IYlon t

# . - 

### , 647 P.2d 835, 39 St.Rep. 1178. The record shows that the fatherproposed the establishment of a trust for the benefit of the child; the mother's expense to support the child isbetween $210 and $260per month; the mother is providing housing and transp~rtationfor the child and the father of the child is able to provide $200per month for the child's support and $100per month in trust for the child's future. In this case, the mother is supplying substantial support by providing housing and transportation. There is substantial credible evidence in the record to affirm the judgment of the District Court. Therefore, the determination of the father's child support obligation is not clearly erroneous. Rule 52(a)

### ,M.R.Civ.P

# . Affirmed.Mr. Justice John C. Sheehy delivered the Opinion of the Court. Appeal by husband Earl P. McConnell from a judgment againsthim in the District Court, Eighteenth Judicial District, Gallatin County. Hewas ordered to pay to Nina R. Dempster, wife and respondent $200.00 per month child support for their minor son and $100.00 per month to a trust established for the child. We affirm the ~istrict Court. This petition formodification of a child support provision by the mother against the father on behalf of the minor child, Clinton Earl McConnell, was previously before this Court. In Dempsterv. McConnell (1981), -Mont

# . - I 622P.2d 680, 38 St.Rep. 121, the appealwas remanded to the District Court for entry of consistent findings and conclusions in conformitywith the opinion of this Court. A motion to enter judgment on remittiturwas made and argued on May 11, 1981. The District Court's judgment on remittitur,entered May 21, 1981, stated: "ThatPlaintiff shallpay the sum of Two Hundred Dollars ($200.00) per month, plus medical and dental bills of Clinton Earl NcConnell,beginning July 1, 1981; that an additional One Hundred Dollars ($100.00) shallbe paid into a trust fund established in the name of Clinton Earl McConnell, said trust to be for the boy's exclusive use. The Petitionerand Respondent shallbe co-Trustees charged with the care and accounting of said trust fund." The father appeals this order and asks this Court to: 1. Decidewhether there is substantial credible evidence to support the findings and conclusions. 2. Overturn the findings and conclusions if there is

a clear preponderance of evidence against them. 3. Consider the evidence in the light most favorable to the prevailing party.We Concur: