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NIEMIEC v. COM., DEPT. OF SOCIAL SERVICES

Record No. 1744-97-4.

499 S.E.2d 576 (1998)

27 Va. App. 446

Marlene NIEMIEC v. COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel. John R. NIEMIEC.

Court of Appeals of Virginia, Alexandria.

June 2, 1998.

Attorney(s) appearing for the Case

Kevin E. Smith (Schumack & Smith, on briefs), Fairfax, for appellant.

William K. Wetzonis, Special Counsel (Nancy J. Crawford, Regional Special Counsel; Richard Cullen, Attorney General; William H. Hurd, Deputy Attorney General; Robert B. Cousins, Jr., Senior Assistant Attorney General; Craig M. Burshem, Regional Special Counsel, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and ELDER, JJ.

ELDER, Judge.

Marlene Niemiec ("mother") appeals the trial court's order requiring her to pay $440 per month in child support to John R. Niemiec ("father") through the Division of Child Support Enforcement ("division"). She contends the trial court erred when it imputed income to her when calculating her child support obligation. For the reasons that follow, we reverse.

I.

FACTS

The parties were married in 1984, had two daughters, and divorced...

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