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GERBER v. GERBER

No. A04-1538.

694 N.W.2d 573 (2005)

In re the Marriage of Darlene GERBER, petitioner, Respondent, v. John Truman GERBER, Appellant, and County of Anoka, intervenor, Respondent.

Court of Appeals of Minnesota.

April 12, 2005.

Attorney(s) appearing for the Case

Darlene Gerber, k/n/a Darlene Nelson, Anoka, MN, pro se respondent.

Robert A. Howard, Hicken, Scott & Howard, P.A., Anoka, MN, for appellant.

Robert M.A. Johnson, Anoka County Attorney, Kay M. Gavinski, Assistant Anoka County Attorney, Anoka County Government Center, Anoka, MN, for respondent Anoka County.

Considered and decided by WILLIS, Presiding Judge; STONEBURNER, Judge; and PORITSKY, Judge.

OPINION

STONEBURNER, Judge.

Appellant John Truman Gerber challenges the child-support magistrate's decision that Anoka County may continue to use wage withholding to collect child-support arrearages under an expired judgment. Because wage withholding is a remedy dependent on a valid judgment of the court, we conclude that it is a judicial remedy, and Minn.Stat. § 541.04 (2004), bars application of wage withholding to an expired judgment.

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