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STATE, CHILD SUPPORT SERVICES v. SMITH

No. 27126.

40 P.3d 133 (2001)

136 Idaho 775

STATE of Idaho, CHILD SUPPORT SERVICES, Plaintiff-Respondent, v. Charles E. SMITH, Defendant-Appellant.

Court of Appeals of Idaho.

December 20, 2001.

Attorney(s) appearing for the Case

Charles Smith, Boise, pro se appellant.

Hon. Alan G. Lance, Attorney General; Brian R. Blender, Deputy Attorney General, Boise, for respondent.

SCHWARTZMAN, Chief Judge.

Charles E. Smith appeals from the order of the magistrate dismissing his motion captioned "Motion to Terminate Income Withholding," which requested both a reduction in the amount of child support ordered while incarcerated and relief from mandatory income withholding. We vacate the magistrate's order and remand this case for further proceedings.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On October 3, 1989, a child was...

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