Category Archives: Child Support – Modification

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

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

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

In Re Marriage of Rottscheit v. Dumler

While a trial court can consider incarceration when as a basis for a request for a modification in child support, the fact of incarceration by itself neither mandates nor prevents modification.

Year: 2003 | State: WI

State v. Beaudoin

Change in placement schedule in and of itself is not a substantial change in circumstances warranting a modification of child support.

Year: 2003 | State: WI

In Re Marriage of Carpenter v. Mumaw

The expiration of 33 months is a rebuttable presumption, but is not conclusive of a substantial change in circumstances. Here, the evidence did not show a substantial change.

Year: 1999 | State: WI

In Re Marriage of Benn v. Benn

No reduction in child support was an appropriate exercise of discretion where payer over withheld from his income to avoid paying support and had been receiving a veterans benefit which had not been included in his gross income.

Year: 1999 | State: WI

In Re Marriage of Cepukenas v. Cepukenus

Where divorce was in Virginia, mother and child now live in Wisconsin, father lives in Delaware, Wisconsin cannot modify child support under UIFSA based on payor’s request.

Year: 1998 | State: WI

State v. Jeffrie C.B.

Trial court cannot modify child support because order should have been based on a serial family payer. The order may have been in error, but it is not an error in calculation.

Year: 1998 | State: WI

In re Marriage of Krieman v. Goldberg

Child support agreement with a floor violated public policy where the agreement is not time limited and has no opportunity for review.

Year: 1997 | State: WI

In re Marriage of Zutz v. Zutz

Legislative changes did not curtail the discretion of the court to set aside DHSS standards. Even though more that 33 months had passed, the child support agreement was still serving the needs of the child and was still fair to the parents.

Year: 1997 | State: WI

In re Marriage of Beaupre v. Airriess

Change in an administrative regulation alone does not constitute a substantial change in circumstances allowing modification of child support.

Year: 1997 | State: WI

In re Marriage of Nelsen v. Candee

Trial court properly exercised its discretion in not applying guidelines in modification hearing where parties did not use them at the divorce and the support ordered was sufficient to support the children.

Year: 1996 | State: WI

In re Marriage of Kranz v. Kranz

RURESA order in Pennsylvania did not modify prior Wisconsin child support order and Wisconsin order continued to run.

Year: 1994 | State: WI

In Re Marriage of Jacquart v. Jacquart

Court did not misuse discretion by failing to use guidelines in modification case where payor was expending more than what the law might ordinarily require of a high income obligor.

Year: 1994 | State: WI

In Re Marriage of Kelly v. Hougham

(1) Two tier orders does not apply as percentage standards are mandatory on modification (2) Decision by father to return to school was reasonable (3) Children benefit by more than just dollars – financial compensation is not exclusive factor (4) Rental income should be offset by costs.

Year: 1993 | State: WI