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.
In Re Marriage of Monicken v. Monicken
New statute limits court’s authority to modify arrearage. Where parties orally agreed to different support payment, equitable estoppel under Shulz and Harms are no longer available.
Cameron v. Cameron
Court erred when it imposed a trust on child support arrearages without the consent of the payee and without a finding that she was unable to wisely manage the money.
Cameron v. Cameron
Court erred when it imposed a trust on child support arrearages without the consent of the payee and without a finding that she was unable to wisely manage the money.
Douglas Cty. Child Support v. Fisher
Per 1993 Wis. Act 481, trial court cannot grant credit for direct payments for support made in a manner other than that prescribed in the order or judgment providing for support.
Marriage of Greenwood v. Greenwood
(1) Court cannot impose retroactive support obligation. (2) Where custody was transferred, court cannot “credit” child support payments for time after transfer and before court order as that would constitute retroactive support.
Douglas Child Support Unit v. Fisher
(1) Trial court has discretion to give credit for child support payment directly to parent where if furthers a reasonable and just result. (2) Statute of limitations for independent action for child support arrears is 20 years after child attains majority (3) Prolonged silence alone does not invoke waiver defense (4) Defense of laches not available.
In Re Paternity of Cheyenne D.L.
(1) Sec. 767.32 (1m) is prospective only and is applicable only to order or judgment made after August 1, 1987. (2) Credits against child support can be granted if made under the compulsion of the circumstances or with the implied or express consent of the payee.
In Re Marriage of Harms v. Harms
Equitable estoppel is viable defense to child support arrears.
In Re Marriage of Schnetzer v. Schnetzer
Maximum arrears assignable is 50% of current child support order.
In Re Marriage of Rummel v. Karlin
Equitable credit may be reimbursed from future support, as well as set off against arrears.
In Re Marriage of Weston v. Holt
(1) Arrears found by court in criminal non-support case are not res judicata and do not bind the family court. (2) Retroactive modification of arrears is a discretionary remedy under Schulz v. Ystad, where order was entered prior to August 1, 1987.
In Re Marriage of Schulz v. Ystad
(1) Sec. 767.32 (1m) is prospective only and is applicable only to order or judgment made after August 1, 1987. (2) Credits against child support can be granted if made under the compulsion of the circumstances or with the implied or express consent of the payee.
O’Brien v. Freiley
No credit for voluntary expenditures for children.
Hirschfield v. Hirschfield
Payment of voluntary expenses for minor children do not count as court ordered support payments.