01-1475 In Re the Marriage of: Birschbach v. Birschbach

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Julie Marie Birschbach has appealed from a judgment of divorce from the respondent, Gerald Eugene Birschbach. She contends that the trial court erroneously exercised its discretion by ordering her to pay Gerald $200 per month in child support, and awarding Gerald tax exemptions for the parties’ two minor children. She also contends that the trial court erroneously exercised its discretion when it divided the marital estate. In conjunction with these arguments, she contends that the trial court erroneously exercised its discretion when it denied her motion for relief from the judgment under Wis. Stat. sec. 806.07 (1999-2000).

Because we conclude that the trial court failed to properly exercise its discretion in awarding child support and the tax exemptions, and in dividing the marital estate, we reverse the judgment and remand the matter for further consideration by the trial court.

This opinion will not be published.

Dist II, Fond du Lac County, Buslee, J., Per Curiam

Attorneys:

For Appellant: Timothy R. Young, Oshkosh

For Respondent: James Grant, Waupun; J. Steven Heil, Berlin