Diez v. Davey
Trial court erred by including undistributed Sub S income in child support calculation since the court ignored the historical practices of the company.
Trial court erred by including undistributed Sub S income in child support calculation since the court ignored the historical practices of the company.
In setting child support for serial family payor, gross income means all income derived from any source and realized in any form. The only reductions are public assistance and child and spousal support from previous marriages.
(1) SSI is not available for child support, but, (2) seek-work order was appropriate and does not conflict with SSI program.
In calculating gross income, court can add back depreciation. Trial court rejected charging father for equity in residence
All sources of income are considered in determining child support.
No error by court in including overtime in husband’s income where there is evidence in the record that he earned overtime income on a regular basis.
Absence of mortgage does not, per se, translate into imputed income under Wis. Adm. Code sec. HSS 80.02(14)
(1) Per diem in excess of expenses in income available for child support (2) Court did not abuse its discretion by not adding back depreciation to rental properties (3) Court erred in reducing back support because of lack of visitation and because father started the paternity action – support and visitation are separate issues.
HSS 80 defines gross income as all income from whatever source derived. If husband is obligated to report trust income as is own, then, regardless of whether he receives distributions from the trust, 17% of the trust income is payable as child support.
Where sale price of asset was equal to or less than the value placed on asset at the time of divorce the proceeds of the sale are not income for the purposes of child support.