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IN RE MARRIAGE OF ROELLIG v. ROELLIG

No. 88-0714.

146 Wis.2d 652 (1988)

431 N.W.2d 759

IN RE the MARRIAGE OF: Richard R. ROELLIG, Sr., Petitioner-Respondent, v. Marilyn ROELLIG, Appellant.

Court of Appeals of Wisconsin.

Decided September 28, 1988.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Fred D. Hollenbeck and Curran, Curran & Hollenbeck, S.C., of Mauston.

For the petitioner-respondent the cause was submitted on the brief of Dennis C. Schuh and Thompson and Schuh, of Mauston.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

On this appeal from an order amending a divorce judgment under sec. 767.32(1), Stats., we decide that where the payer spouse's child support and maintenance obligations are determined by his earning capacity and not his actual earnings, he may show a substantial or material change in his circumstances only by establishing a change in his earning capacity. We also conclude that the trial court did not abuse its discretion in denying Marilyn Roellig's motion...

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