01-3121, 01-3122, 01-3123, 01-3124, 01-3125 In Re the Paternity of Jared D.B., Hunter W., Kimberly L.N., Kayla L.H., Tanner D.F.: Barron County, Brenda F. v. Brian T.

By: dmc-admin//June 25, 2002//

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Brian T. appeals an order setting the amount of child support for each of his five children. He argues that: (1) strict application of the percentage of income standards is unfair; (2) strict application of the percentage of income standards here conflicts with the Consumer Credit Protection Act; (3) the trial court erroneously exercised its discretion by strictly applying the percentage of income standards because the order leaves Brian with an income below the federal poverty level; and (4) the trial court erroneously exercised its discretion by issuing a child support order with which Brian cannot possibly comply. We conclude that the court erroneously exercised its discretion when it set a child support obligation that Brian indisputably cannot meet.

We therefore reverse and remand.

This opinion will not be published.

Dist III, Barron County, Brunner, J., Per Curiam

Attorneys:

For Appellant: R. Jeffrey Burgfechtel, Menomonie

For Respondent: John M. Muench, Barron

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