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IN RE MARRIAGE OF BURGER v. BURGER

No. 87-0174.

144 Wis.2d 514 (1988)

424 N.W.2d 691

IN RE the MARRIAGE OF Sue Ann BURGER, now Koos, Petitioner-Respondent, v. James L. BURGER, Respondent-Appellant.

Supreme Court of Wisconsin.

Decided June 16, 1988.

Attorney(s) appearing for the Case

For the respondent-appellant there were briefs (in court of appeals) by Walter W. Stern, III and Stern, Caviale & Stern, Kenosha, and oral argument by Walter W. Stern, III.

For the petitioner-respondent there was a brief (in court of appeals) by Geoffrey Dowse and Ventura, Dowse & Wagner, Kenosha, and oral argument by Geoffrey Dowse.

Amicus curiae brief was filed by Daniel L. Furrh, Waukesha for the American Academy of Matrimonial Lawyers, Wisconsin Chapter and the Family Law Section, State Bar of Wisconsin, and the Society of Family Lawyers.

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 parent's earning capacity and total economic circumstances to determine whether to modify a child support order under sec. 767...

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