Wisconsin Supreme Court Denies Father in Reduction in Child support. BY: Nicole F.

Wisconsin Supreme Court Denies Father in Reduction in Child support

Case Citation: May v. May, 339 Wis.2d 626, 813 N.W.2d. 179

Issue(s): Mr. may sought a court order against his ex-wife of contempt of court charges for failing to comply with prior court orders on shared placement of children, decision making, previous adjudicated child care costs and reduction in child support.

Mrs. May had also filed motion of contempt to modify judgment regarding extracurricular activities and to also dismiss father’s motion to reduce child support.

Holding:  The Supreme Court, held that the father was equitably estopped from challenging stipulation and resulting a 33-month unmodifiable floor of $1,203 as father’s child support obligation.

Affirmed.

Rule of Law: Under Wis. Stat. 767.59(1f)(b)2.                                                                               

Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, the expiration of 33 months after the date of the entry of the last child support order, including a revision of a child support order under this section.

May v. May Link

BACKGROUND

1.      Couple was married on November 9, 1996

2.      Petition for divorce was filed from Suzanne in mid-2005 in Will County, Illinois

3.      The couple had two children together

4.      Divorce was granted on October 25, 2

5.      The couple shared custody and child support payments from father to mother.

6.      At time the stipulation was made, Michael was unemployed and parties agreed to lower child support payments.

7.      September 26, 2006, Michael registered the Illinois court’s judgment into the Dane County circuit court and moved to modify the judgment of divorce.

8.      January 9, 2007 motion was denied on grounds there hasn’t been no substantial change.

9.      July 2007, Commissioner Schutte ordered a new stipulation that established Michael’s child support payments.

10.  September 2007, Commissioner issued an order to show cause regarding remedial contempt for Michael’s failure to make medical and daycare payments, as well as other payments owed under the July 2007 order.

11.  October 2007, Michael moved to modify support payments

12.  December 2007, parties prepared for hearing, again Michael withdrew the motion. Parties entered into another comprehensive stipulation.

13.  January 7, 2008, court entered an order on that stipulation, with the parties agreed, ”shall be the minimum amount due for a period of no less than thirty-three (33) months from December 11, 2007 and Michael cannot file for reduction in that amount for the full 33 month period.