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01-2686 In Re the Paternity of Erin M.R.: Stacy S. and State v. Brian R.

By: dmc-admin//April 22, 2002//

01-2686 In Re the Paternity of Erin M.R.: Stacy S. and State v. Brian R.

By: dmc-admin//April 22, 2002//

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Brian R. appeals from a portion of a circuit court order refusing to grant Brian credit against a child support obligation and child support lien. Brian argues that the court erroneously refused to grant him over $23,000 in credit toward his child support obligation. We affirm the court’s decision to deny Brian credit for child support imposed pursuant to a 1993 order and reinstated in a 1996 order. However, because the court did not make findings of fact or explain the reasoning for its exercise of discretion with respect to credit for time Brian lived with Stacy S. and for the $1,024 he paid her directly, we reverse and remand that portion of the order with directions that the court make findings and explain the reasoning behind its exercise of discretion. Finally, because the State concedes that Brian is entitled to a credit of $109.83 for a three-day period of time he continued to live with Stacy, we direct the court on remand to grant Brian a credit of $109.83.

This opinion will not be published.

Dist III, Shawano County, Grover, J., Per Curiam

Attorneys:

For Appellant: Bruce M. Chudacoff, Appleton

For Respondent: Christine R. Olsen, Wausau; Jeffrey S. Kuglitsch, Shawano

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