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STATE v. WALLACE

No. S-11552.

119 P.3d 992 (2005)

STATE of Alaska, DEPARTMENT OF REVENUE, Appellant, v. Darryl J. WALLACE, Appellee.

Supreme Court of Alaska.

September 2, 2005.

Attorney(s) appearing for the Case

Susan L. Daniels, Assistant Attorney General, Anchorage, Gregg D. Renkes, Attorney General, Juneau, for Appellant.

Omar P. Calimbas, Alaska Legal Services Corporation, Juneau, for Appellee.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

In 1994 Darryl Wallace was ordered to pay child support at the rate of $50 a month until, in the words of the support order, "he is released [from prison] and obtains employment then Civil Rule 90.3 will be in effect." Another provision of the order similarly stated that "[c]hild support will increase when he is released from jail and obtains employment." Wallace was released from prison and began earning wages in 1997,...

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