Title: Wisconsin, Supreme Court Remanded to circuit court to give payer opportunity to demonstrate unforeseen circumstances.
The Wisconsin Supreme Court remanded the case May v. May 10AP177 (WI S.Ct., Apr. 3, 2012) to give the payer the opportunity to demonstrate unforeseen circumstances.
Michael May was seeking to reduce his child support payments to former wife after one year of the decision. The original decision was made in 2005 after the divorce, and soon after Mr. May moved to Wisconsin and now is seeking reduces in his child support payments.
In 2006 Michael moved the Wisconsin courts to modify his divorce with child support, insurance premiums, day care, and custody of the children. His former wife would change the visitation schedule when his visits interfered with the children’s extracurricular activities. However, the judge saw no substantial change in Michael’s circumstances.
For the next year and a half they went back and forth in litigations until 2009. This brought forth Michael going for contempt of court against his former wife Suzanne. Regarding shared placement, decision making, and the childcare cost which was previously adjudicated. Which the commissioner denied Michaels motions.
Michael appealed the decision and the courts of appeal accepted. The courts of appeal found that public policies were not violated, and his child support payments cannot be modified. Michael has not demonstrated unforeseen circumstances, but they did not allow him to demonstrate unforeseen circumstances.
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