Sufficiency of Evidence – Expert Testimony

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WI Court of Appeals – District IV

Case Name: Jeffrey S. Borchert v. Heather Becker f/k/a Heather R. Marr

Case No.: 2017AP1076

Officials: Lundsten, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Sufficiency of Evidence – Expert Testimony

Jeffrey Borchert appeals a circuit court order directing that he pay child support to Heather Becker. Borchert asserts that the court erred in relying on “inaccurate expert opinions” and “inaccurate numbers” in determining Borchert’s income for purposes of calculating child support. Separately, Borchert asserts that, because Becker did not plead a substantial change in circumstances, the court erred in making the child support order effective as of the date Becker filed her motion to modify child support.

We conclude that the first argument is undeveloped, but that even if it were developed it is without merit, and that the second argument was not preserved in the circuit court, but that even if it had been preserved it is without merit. Becker moves that we determine this appeal to be entirely frivolous. We grant this motion. Accordingly, we affirm and remand this matter to the circuit court to determine the costs, fees, and reasonable attorney’s fees, to be paid entirely by counsel for Borchert and not by Borchert, and awarded to Becker.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.