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IN RE MARRIAGE OF MILLER v. MILLER

No. 91-2788.

171 Wis.2d 131 (1992)

491 N.W.2d 104

IN RE the MARRIAGE OF: Cynthia Adele MILLER, Petitioner, v. Donald Robert MILLER, Respondent-Respondent, STATE of Wisconsin, Appellant.

Court of Appeals of Wisconsin.

Decided September 9, 1992.

Attorney(s) appearing for the Case

On behalf of appellant, the cause was submitted on the briefs of Robert H. Owen, Jr., of Middleton.

On behalf of respondent-respondent, the cause was submitted on the brief of David B. Deda of Slaby, Deda, Marshall & Reinhard of Phillips.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The state appeals a percentage of income child support order excluding from the calculation of payor Donald Miller's income the earnings of his present wife, Brenda Miller, as well as certain business expenses. Miller was ordered to pay 29% of his adjusted gross income for support. The trial court treated the Miller family restaurant as a legitimate partnership and Brenda's earnings as the equivalent of an otherwise inevitable expense were someone hired...

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