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STATE EX REL. DEPT. OF ECON. SEC. v. McEVOY

No. 1 CA-CV96-0518.

955 P.2d 988 (1998)

191 Ariz. 350

STATE of Arizona ex rel. the DEPARTMENT OF ECONOMIC SECURITY, (Roberta Kay McEvoy), Petitioner-Appellee, v. Warren Terence McEVOY, Respondent-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

March 26, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Kathleen P. Sweeney, Assistant Attorney General, Therese L. Martin, Assistant Attorney General, Phoenix, for Petitioner-Appellee.

Warren Terence McEvoy, Yuma, In Propria Persona.

OPINION

SULT, Judge.

¶ 1 This appeal presents the issue whether a court, in calculating a parent's child support obligation, may admit and consider evidence of an obligated parent's incarceration offered to rebut the statutory presumption that all parents are capable of earning at least the federal minimum wage. We hold that a court may do so and accordingly vacate the child support order entered by the trial court and remand to that court for further...

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