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Cases of Interest: Incarceration
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ALASKA: Douglas v. State, 20 Fam. L. Rep. (BNA) 1482 (Alaska Aug. 5, 1994).
The mother had been assessed $50 per month in child support for her seven children, the minimum amount imposable under the Alaska Child Support Guidelines. Subsequently, she was incarcerated in California for a crime unrelated to nonsupport.
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MINNESOTA: Franzen v. Borders, 20 Fam. L. Rep. (BNA) 1554 (Minn. Ct. App. Sept. 30, 1994).
The father, a child support obligor, was incarcerated for assaulting his children's mother while on probation for an unrelated conviction. The trial court found him to be voluntarily unemployed or underemployed, and thus ruled that income should be imputed to him in assessing his child support obligation while imprisoned.
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WISCONSIN: In re Marriage of Modrow, No. 00-1868 (Wis. Ct. App. Aug. 29, 2001).
The father was incarcerated for his fifth operating a motor vehicle while intoxicated offense. He appealed the determination of child support, contending that the court should have used his actual income, rather than his earning capacity.
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