JOHNSON v. O'NEILL

No. C3-90-317.

461 N.W.2d 507 (1990)

Pamela Jean JOHNSON, Petitioner, Respondent, v. Dean Dwayne O'NEILL, Appellant.

Court of Appeals of Minnesota.

October 23, 1990.


Attorney(s) appearing for the Case

Bradford Colbert, St. Paul, for appellant.

Gary M. Peterson, Faribault, for respondent.

Considered and decided by LANSING, P.J. and SCHUMACHER and MULALLY, JJ.


OPINION

LANSING, Judge.

At issue in this appeal is whether incarceration on an unrelated offense can constitute an unjustified self-limitation of income for purposes of child support. Because there is no indication that the obligor's incarceration was intended for the purpose of limiting income, we reverse and remand for determination of a support obligation based on actual earnings.

FACTS

Dean...

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