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IN RE MARRIAGE OF JARMAN v. WELTER

No. 2005AP1616.

289 Wis.2d 857 (2006)

2006 WI App 54

711 N.W.2d 705

IN RE the MARRIAGE OF: Carolyn Rae JARMAN f/k/a Carolyn Rae Welter, Petitioner, EAU CLAIRE COUNTY CHILD SUPPORT AGENCY, Appellant, v. Larry Howard WELTER, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided February 14, 2006.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the brief of Timothy J. Sullivan, Eau Claire County Assistant Corporation Counsel, of Eau Claire.

On behalf of the respondent-respondent, there was no brief filed.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Eau Claire County Child Support Agency appeals a circuit court order, which upheld the family court commissioner's decision to exclude Larry Welter's overtime income when calculating his gross income and child support obligations. The Agency argues that whether to exclude overtime income is a discretionary decision, and the trial court and the court commissioner incorrectly excluded the overtime income...

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