Saturday, May 26, 2012
From the Wisconsin Law Journal:
On April 3, the state’s high court issued its opinion in May v. May, No. 10AP177, which affirmed the decision of Dane County Circuit Court Judge Maryann Sumi, on a certification from the Court of Appeals.
The issue was a follow-up from Frisch v. Henrichs, 2007 WI 102, ¶75, in which the court held that a ceiling on child support was against public policy. While I disagree on the public policy, at least it was a simple rule that was easy to follow: Courts always have the authority to increase child support.
In May, the state Supreme Court considered whether an agreement not to decrease child support for 33 months was valid and not against public policy.
After substantial litigation, Michael and Susan May agreed that child support would not be reduced during that period of time, in exchange for which Suzanne agreed to pay 100 percent of the child-care costs. About a year and a half later, Michael sought relief from the stipulation, alleging that he had lost his job. The court found that he was equitably estopped from seeking a reduction in child support.
Read more here.