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Home / Case Digests / 01-0019 In Re the Marriage of: Gouty-Yellow v. Yellow

01-0019 In Re the Marriage of: Gouty-Yellow v. Yellow

Francis Yellow appeals from an order modifying his child support payments to his ex-wife, Tina Gouty-Yellow, in response to a motion by the State of Wisconsin. He claims the State failed to meet its evidentiary burden of showing a substantial change of circumstances since entry of the prior order, and that, even assuming there was sufficient evidence from which a substantial change could have been found, the trial court erred by failing to make a substantial change finding. Yellow also claims the trial court erroneously exercised its discretion by failing to specify the amount of child support which would be required under the child support guidelines and by failing to explain the basis for its deviation from that amount. Finally, Yellow contends that he was given insufficient notice of the hearing.

We agree that the trial court failed to make several findings necessary to support its award, and therefore reverse and remand for further proceedings consistent with this opinion.

In light of our decision, we do not address the notice issue.

This opinion will not be published.

Dist IV, Shawano County, Jansen, J., Per Curiam

Attorneys:

For Appellant: Laura Sutherland, Madison; Sarah A. Zylstra, Madison

For Respondent: Jeffrey S. Luglitsch, Shawano


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