01-1005 In Re the Paternity of Hunter A.T.S.: Michael J.M. v. Sheila M.S.

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Sheila M.S. appeals the circuit court’s determination of child support, which was entered subsequent to a judgment of paternity finding that Michael J.M. was the father of Sheila’s child. Sheila contends that the circuit court improperly relied on a stipulation regarding Michael’s income when setting child support.

Because the parties’ stipulation had been incorporated into a court order for child support, we affirm the circuit court’s conclusion that the stipulation in regard to Michael’s income is binding in the absence of proof of a substantial change in circumstances.

However, we remand the cause for additional findings of fact and conclusions of law on the issue of whether the undisputed increase of Michael’s gross income in 2000 above his stipulated income in 1999 amounts to a substantial change in circumstances warranting an increase in child support.

Not recommended for publication in the official reports.

Dist IV, Green County, Larocque, J., Roggensack, J.

Attorneys:

For Appellant: Roger G. Merry, Monroe

For Respondent: Robert S. Duxstad, Monroe