IN RE MARRIAGE OF ATENCIO

No. 01CA0347.

47 P.3d 718 (2002)

In re the MARRIAGE OF Eleanor ATENCIO, Appellee, and Leroy Carmen Atencio, Appellant.

Colorado Court of Appeals, Div. II.

March 28, 2002.


Attorney(s) appearing for the Case

Colorado Legal Services, Lynn Magalska, Pueblo, Colorado, for Appellee.

Margaret L. Herdeck, Pueblo, Colorado, for Appellant.


Opinion by Judge PLANK.

In this dissolution proceeding, the main issue is whether imputed income based on voluntary underemployment or actual income should be used to calculate child support where a drug-addicted parent loses employment because of that addiction and obtains less lucrative employment. We conclude that income should not be imputed solely based on the fact that the parent was terminated for drug use. Therefore, we reverse the permanent orders awarding...

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