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SURERUS v. MATUSKA

Civ. No. 950423.

548 N.W.2d 384 (1996)

Tammy SURERUS, f/k/a Tammy Flaten, Plaintiff and Appellee, v. Mark Thomas MATUSKA, Defendant and Appellant.

Supreme Court of North Dakota.

May 29, 1996.

Attorney(s) appearing for the Case

Daniel E. Bertsch, Assistant State's Attorney, Fargo, for Plaintiff and Appellee.

Mark Thomas Matuska, Fargo, pro se.

NEUMANN, Justice.

Mark Thomas Matuska appeals an order amending his child support obligation. We hold that an imprisoned obligor who has no other income on which to compute a child support obligation may be unemployed or underemployed for the purpose of imputing income under the child support guidelines. We reverse and remand.

Matuska and Tammy Surerus are the parents of a son, Christopher, born April 12, 1979. On April 14, 1982, Matuska was ordered to pay...

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