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IN RE MARRIAGE OF SMITH

Nos. F034054, F034080, F035091.

108 Cal.Rptr.2d 537 (2001)

90 Cal.App.4th 74

In re the MARRIAGE OF Debra D. SMITH and Michael Steven Smith. Debra D. Smith, Appellant, v. Michael Steven Smith, Respondent. County of Kern, Plaintiff and Appellant, v. Kevin Ray Polston, Defendant and Respondent. County of Merced, Plaintiff and Respondent, v. Charles Bryner, Defendant and Appellant.

Court of Appeals of California, Fifth District,

June 25, 2001.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Ann White and M.J. Hamilton, Deputy Attorneys General, Edward R. Jagels, District Attorney, and Keith H. Cramer, Deputy District Attorney, for Plaintiff and Appellant Debra D. Smith (No. F034054) and Plaintiff and Appellant County of Kern (No. F034080).

Charles Bryner, in pro. per., for Defendant and Appellant Charles Bryner (No. F035091).

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, and M.J. Hamilton, Deputy Attorney General, for Plaintiff and Respondent County of Merced (F035091).

Jay C. Smith, Bakersfield, for Defendant and Respondent Michael Steven Smith (No. F034054).

No appearance for Defendant and Respondent Kevin Ray Polston (No. F034080).

Certified for Partial Publication.*

OPINION

BUCKLEY, J.

The statewide uniform guideline for determining child support permits the court, in lieu of using actual income, to impute income to a parent based on his or her earning capacity. Earning capacity, in turn, requires that the parent have both the ability and the opportunity to work. In State of Oregon v. Vargas (1999) 70 Cal.App.4th 1123...

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