Surerus v. Matuska

NEUMANN, Justice.

Mark Thomas Matuska appeals an order amending his child support obligation. We hold that an imprisoned obligor who has no other income on which to compute a child support obligation may be unemployed or underemployed for the purpose of imputing income under the child support guidelines. We reverse and remand.

Matuska and Tammy Surerus are the parents of a son, Christopher, born April 12, 1979. On April 14, 1982, Matuska was ordered to pay $50.00 per month child support. This obligation has been reviewed many times since, but has not been increased until the most recent review,…