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IN RE MARRIAGE OF EGGERS

No. G034027.

32 Cal.Rptr.3d 292 (2005)

131 Cal.App.4th 695

In re MARRIAGE OF Thomas M. and Candace A. EGGERS. Thomas M. Eggers, Appellant, v. Candace A. Eggers, Respondent.

Court of Appeals of California, Fourth District, Division Three.

July 28, 2005.

Attorney(s) appearing for the Case

Phillip Andrew Case for Appellant.

Candace A. Eggers, in pro per, for Respondent.

OPINION

RYLAARSDAM, Acting P.J.

Family Code section 4058, subdivision (b), which addresses annual gross income of parents for child support purposes, provides, "The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children." Here the employment of father, appellant Thomas M. Eggers, was terminated by his employer for misconduct. Father, who was subject to support...

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