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MARRIAGE OF WALLEN v. WALLEN

No. 86-1285.

139 Wis.2d 217 (1987)

407 N.W.2d 293

IN RE the MARRIAGE OF Barbara A. WALLEN, Petitioner-Respondent, v. Kempster J. WALLEN, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided April 9, 1987.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the brief of Donald E. Mayew of Phillips, Richards & Mayew, S.C. of Kenosha.

For the petitioner-respondent the cause was submitted on the brief of Thomas W. Anderson of Anderson, Sumpter & Higgins-Frost, S.C. of Kenosha.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The major issue on this appeal from a divorce judgment is whether sufficient facts supported the trial court's decision to base Kempster J. Wallen's child support obligation on his potential earning capacity rather than his actual earnings at the time of the divorce. We reverse this aspect of the judgment, concluding that the evidence was insufficient to support the necessary finding that Kempster was failing to exercise his capacity to earn for the purpose...

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