Category Archives: Child Support

Marriage of Smith v. Lambouths

Circuit court reasonably exercised its discretion when it imposed child support under the straight percentage formula and ordered mother to pay all variable expenses where parties had engaged in substantial litigation.

Year: 2015 | State: WI

In Re Marriage of Bjorgo v. Bjorgo

Courts look to taxable income when determining ability to pay child support. Therefore, Sub S distributions, including the portion used to pay tax obligations, are properly considered in determining gross income.

Year: 2014 | State: WI

Derleth v. Cordova

Although wife failed to preserve argument for appeal, court can exclude fringe benefits for health, dental and vision insurance from husband’s income as he had to maintain this insurance and pay the premiums until the children reached the age of majority.

Year: 2013 | State: WI

Kanehl v. Pitel

Trial court did not have to find shirking to impute income given the flexibility of the father’s income.

Year: 2013 | State: WI

Tierney v. Berger

No error by trial court in setting child support both as a fixed amount and a percentage order from bonus.

Year: 2012 | State: WI

Tierney v. Berger

Evidence of substantial change in circumstances was overwhelming. Several factors would “probably have qualified for a substantial change in circumstances.”

Year: 2012 | State: WI

May v. May

Nonmodifiable floors on child support are enforceable as long as they are no longer than 33 months.

Year: 2012 | State: WI

In Re the Finding of Contempt In Gilbert

Contempt order affirmed where payor (who was a lawyer) did not disclose interest in class action lawsuit and did not report a substantial change in income. (Not published, but citable)

Year: 2012 | State: WI

Lyman v. Lyman

Settlement from wrongful termination of employment lawsuit was income available for child support.

Year: 2011 | State: WI

Callen v. Callen

Trial court did not have to find shirking to impute income given the flexibility of the father’s income.

Year: 2011 | State: WI

Lyman v. Lyman

Settlement from wrongful termination of employment lawsuit was income available for child support.

Year: 2011 | State: WI

Ladwig v. Ladwig

Trial court properly exercised its discretion for not deviating from guidelines which required child support of $8,455 per month, despite father’s argument that it exceeded the needs of the children.

Year: 2010 | State: WI

Huhn v. Stuckmann

Stipulation limiting ability to seek a modification of family support is against public policy and cannot provide a basis for estoppel.

Year: 2009 | State: WI

Stevenson v. Stevenson

Trial court properly ordered retroactive child support where Husband failed to make proper financial disclosure.

Year: 2009 | State: WI

Waters v. Waters

Trial court erred in finding that child stipulation was percentage-based.

Year: 2007 | State: WI

Jalovec v. Jalovec

Restrictive child support provisions are against public policy. Further, a substantial change of circumstance occurred when James received placement of one of the children; therefore, the trial court properly entertained the motion to modify child support.

Year: 2007 | State: WI

Motte v. Motte

Stipulation making future child support unmodifiable in the event of a change in placement is against public policy and void. However, stipulation forgiving arrearages is not contrary to public policy.

Year: 2007 | State: WI

Paulhe v. Riley

Payer entitled to credit for support payments made during period where covered by social security disability payments paid to payee for the minor child.

Year: 2006 | State: WI

In Re Marriage of Jarman v. Welter

Court commissioner and trial court incorrectly excluded overtime income as a general policy. Overtime income can be excluded if it would be unfair to the parties or other factors support exclusion.

Year: 2006 | State: WI

State v. Sullivan

Providing an apartment, phone service, cable television, cleaning, travel expenses, a leased vehicle and a per diem, plus payment of the “gross up” that he would have pay for taxes are not legitimate business expenses and therefore should be included in income for child support.

Year: 2006 | State: WI