(Download) "Marriage Sue Ann Burger v. James L. Burger" by 2007 United States Court of Appeals for the Second Circuit August Term # eBook PDF Kindle ePub Free
eBook details
- Title: Marriage Sue Ann Burger v. James L. Burger
- Author : 2007 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 16, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
DAY, J. This is an appeal from an order of the circuit court for Kenosha county, Honorable Michael S. Fisher, circuit Judge, modifying a judgment of divorce, which this court accepted on certification from the court of appeals. In its certification, the court of appeals framed the sole issue for review as follows: "Whether, in analyzing each parents earning capacity and total economic circumstances to determine whether to modify a child support order under sec. 767.32(1), Stats., the trial court must consider half the marital income of a remarried, voluntarily unemployed, custodial parent under the marital property reform act, ch. 766, Stats." After acceptance of certification of the present action, this court decided Poindexter v. Poindexter, 142 Wis. 2d 517, 419 N.W.2d 223 (1988). Though Poindexter dealt with modification of maintenance in a divorce action, application of the statutory interpretation of sec. 766.55(2)(c)2, Stats., barring use of marital property income to satisfy a pre-marital obligation, is equally applicable in analyzing modification of child support provisions. Following the analysis of Poindexter, none of a new spouses income is available under the Marital Property Reform Act for consideration of support obligations, which would be classified as a pre-Act debt. Counsel for Mr. Burger conceded at oral argument that Poindexter resolved the certified issue.