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IN RE MARRIAGE OF MALEY

No. 93-3398.

186 Wis.2d 125 (1994)

519 N.W.2d 717

IN RE the MARRIAGE OF sandra Joy MALEY and Steven D. Maley, STATE of Wisconsin, Appellant, v. Steven D. MALEY, Respondent.

Court of Appeals of Wisconsin.

Decided June 21, 1994.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Terry L. Nussberger of Nussberger Law Office of Ladysmith.

For the respondent the cause was submitted on the brief of Sandra Stone Ruffalo of Ruffalo Law Offices of Milwaukee.

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

MYSE, J.

The State appeals an order refusing to assess a $ 3,095.46 child support arrearage against Steven Maley. The State argues that Steven's reported $10,674 capital gain constitutes income subject to the child support order requiring Steven to pay 29% of his gross income for child support. We conclude that in this case, requiring Steven to pay 29% of the capital gain derived from selling an asset awarded to him from the marital estate at the time of the divorce...

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