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COURT OF APPEALS DECISION DATED AND RELEASED October 17, 1996 |
NOTICE |
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A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 95-0754
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT IV
In re the Marriage of:
KATHLEEN STAVLO, f/k/a
Kathleen Saa,
Petitioner-Appellant,
v.
FRANCISCO SAA,
Respondent-Respondent.
APPEAL from an order of
the circuit court for Dane County:
P. CHARLES JONES, Judge. Affirmed.
Before Vergeront, J.,
Paul C. Gartzke and Robert D. Sundby, Reserve Judges.
PER
CURIAM. Kathleen Stavlo appeals from an order denying her
motion for a retroactive increase in child support. The issue is whether this court is empowered to create a policy
exception to § 767.32(1m), Stats.,
to award a retroactive increase in child support. We are not empowered to create an exception to § 767.32(1m),
which precludes a retroactive modification of child support unless it is to
correct a previous error in calculation.
Therefore, we affirm.
The trial court applied
the proper legal standards to the relevant facts and reached the correct
decision. Therefore, we incorporate the
trial court's memorandum decision and affirm its order. See Wis.
Ct. App. IOP VI(5)(a) (June 13, 1994) (court of appeals may adopt
the trial court's opinion).
By the Court.—Order
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.
AN EXHIBIT HAS BEEN ATTACHED
TO THIS OPINION. THE EXHIBIT CAN BE
OBTAINED UNDER SEPARATE COVER BY CONTACTING THE WISCONSIN COURT OF
APPEALS.
COURT OF APPEALS
OF WISCONSIN
110 E. MAIN STREET, SUITE 715,
POST OFFICE BOX 1688
MADISON, WISCONSIN
53703-1688
TELEPHONE: (608) 266-1880
FAX: (608) 267-0640
Marilyn L. Graves, Clerk
Court of Appeals