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At Utah Court of Appeals, appellant says trial court misapplied income rules in child-support case and asks remand on sanctions
Summary
In oral argument in Sarah Ward v. Meredith McGarry, appellant counsel urged the Court of Appeals to reverse or remand, saying the trial court failed to apply Utah's income-calculation statute and overlooked discovery abuses; appellee counsel said the trial court made supported factual findings and urged affirmation. The court took the case under advisement.
The Utah Court of Appeals heard arguments in Sarah Ward v. Meredith McGarry, where the appellant says the trial court wrongly calculated parental income for child support and failed to punish discovery abuses.
Appellant counsel Angelie Dockich told the three-judge panel the appeal raises three issues, chief among them that the trial court did not apply the statutory standard for calculating income from self-employment and allowed the lower court’s imputed income figure to stand without proper analysis. "The evidence doesn't support that the $18,000 finding was ... an accurate or imputed income essentially," Dockich said, arguing the record supports a substantially higher income and that certain deductions (including depreciation and ranch losses) were not "necessary expenses" under the Utah code language cited in briefing.
Dockich told the court that the trial court accepted a figure…
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