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SHERBURNE COUNTY SOCIAL SERV. v. RIEDLE

No. C8-91-1036.

481 N.W.2d 111 (1992)

SHERBURNE COUNTY SOCIAL SERVICES on Behalf of Janel L. SCHAFER, Respondent, v. Gregory J. RIEDLE, Appellant.

Court of Appeals of Minnesota.

February 18, 1992.

Attorney(s) appearing for the Case

Thomas D. Hayes, Sherburne County Atty., Kathleen A. Heaney, Asst. County Atty., Elk River, for respondent.

Edward Pardee, White Bear Lake, Sharon L. Buffington, Stillwater, for appellant.

Considered and decided by AMUNDSON, P.J., and FORSBERG and KALITOWSKI, JJ.

OPINION

FORSBERG, Judge.

Gregory J. Riedle appeals from an order determining his child support obligations. We hold that periodic annuity payments from a structured settlement for a tort action were properly included as income when the trial court calculated Riedle's support obligation. Because the support award deviates upward from the guidelines and there are no findings to support the departure, we reverse and remand the support award.

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