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HOLLINSWORTH v. HOLLINSWORTH

No. 24811.

757 N.W.2d 422 (2008)

2008 SD 102

Marnie Joanne HOLLINSWORTH, Plaintiff and Appellant, v. Jackie Don HOLLINSWORTH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 29, 2008.

Attorney(s) appearing for the Case

H.I. King of Tonner, Tobin & King, LLP, Aberdeen, SD, for plaintiff and appellant.

Gregg Magera, Julia M. Dvorak of Siegel, Barnett & Schutz, LLP, Aberdeen, SD, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Marnie Hollinsworth Lammle (Mother) appeals the circuit court's order reducing child support owed by Jackie Hollinsworth (Father). Mother claims that the circuit court erred (1) by deviating downward from the child support schedule based on Mother's underemployment and (2) by not deviating upward based on Father's alleged voluntary act of reducing his income. We reverse the circuit court's decision on issue (1) and affirm on issue...

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