IN RE the MARRIAGE OF:
Kathleen A. GROHMANN, Petitioner-Appellant,
v.
Thomas C. GROHMANN, Respondent-Respondent,
Thomas GROHMANN 1985 TRUST (Trustees Eckhart Grohmann and DeWayne P. Nehs), Third Party Defendant-Respondent-Petitioner.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument November 29, 1994.
Decided January 18, 1995.
Attorney(s) appearing for the Case
For the third party defendant-respondent-petitioner there were briefs by Patricia K. McDowell, John R. Maynard and Quarles & Brady, Milwaukee and oral argument by Patricia K. McDowell.
For the respondent-respondent there was a brief by Gerald S. Boisits, Milwaukee.
For the petitioner-appellant there was a brief by Gregg Herman, Eric R. Enli and Loeb, Herman & Drew, S.C., Milwaukee and oral argument by Gregg Herman.
Amicus curiae brief was filed by Sherwood K. Zink, counsel, Madison, for The Department of Health and Social Services of the State of Wisconsin.
Supreme Court of Wisconsin.
STEINMETZ, J.
The issue in this case is whether undistributed income from a valid grantor trust should be used in calculating child support under Wis. Adm. Code ch. HSS 80, given that the parent who is obligated to pay child support is individually taxed as the grantor of the trust on the undistributed income of the trust. We hold that under these circumstances, the undistributed income of a valid grantor trust is available...
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