Marriage of Piaskoski v. Piaskoski
(1) Husband showed change in circumstances to modify child support. (2) Court erred in not giving husband credit against arrears for payments of debts and direct expenses.
In re Marriage of Schulz v. Ystad
(1) Sec. 767.32 (1m) is prospective only and is applicable only to order or judgment made after August 1, 1987. (2) Credits against child support can be granted if made under the compulsion of the circumstances or with the implied or express consent of the payee.
Weston v. Holt
(1) Arrears found by court in criminal non-support case are not res judicata and do not bind the family court. (2) Retroactive modification of arrears is a discretionary remedy under Schulz v. Ystad, where order was entered prior to August 1, 1987.
Rummel v. Karlin
Equitable credit may be reimbursed from future support, as well as set off against arrears. Husband entitled to equitable credit where child went to live with him, but court erred by not requiring sufficient proof of definitive and specific expenditures.
Schnetzer v. Schnetzer
Maximum arrears assignable is 50% of current child support order.
Harms v. Harms
Equitable estoppel is viable defense to child support arrears.
Douglas Cty. Child Support v. Fisher
Per 1993 Wis. Act 481, trial court cannot grant credit for direct payments for support made in a manner other than that prescribed in the order or judgment providing for support.
Cameron v. Cameron
Court erred when it imposed a trust on child support arrearages without the consent of the payee and without a finding that she was unable to wisely manage the money.
Monicken v. Monicken
New statute limits court’s authority to modify arrearage. Where parties orally agreed to different support payment, equitable estoppel under Shulz and Harms are no longer available. Credit can only be granted under the circumstances in §767.32(1r), Stats., which is retroactive.
State v. Hamilton
Under §893.40 (1980), an independent action to collect child support arrears which accrued after 1980 must be brought within 20 years of the date the judgment was entered.