Brad Michael L. v. Lee D.
Ordering payment of past child support does not violated ex post factor rules. Court could order child support even though father was not aware of child’s existence for the first 15 years of the child’s life.
Ordering payment of past child support does not violated ex post factor rules. Court could order child support even though father was not aware of child’s existence for the first 15 years of the child’s life.
Court only has authority to create a child support obligation directly in favor of a person who is less than 19 years old and is pursuing a high school diploma at the time the action is commenced.
Husband is equitable parent of minor child and trial court properly awarded him custody. Presumption in favor of natural parent can be overcome by evidence that the marital father has so bonded with the child to be considered the equitable parent. (Affirmed)
Court cannot order a father to pay lying-in expenses when he has no current ability to pay. If the ability to pay changes, the order may be modified.
Court cannot order a father to pay lying-in expenses when he has no current ability to pay. If the ability to pay changes, the order may be modified.
While child was born prior to marriage and parents failed to complete the Acknowledgment of a Marital Child form, the State was obligated to file a paternity action, per Wis. Stats. §767.80(1). Although Respondent was the presumed father per Wis. Stats. §891.41(1), by failing to acknowledge paternity, the state was obligated to file the action.
Trial court did not err in finding that marital presumption was overcome where (a) husband had abandoned the child (b) bio-dad never requested evidentiary hearing on best interests and under Wis. Stats. §767.863(2), ordering tests was mandatory.
A party to a nonmarital cohabitation may make a claim for restitution on the theory of unjust enrichment.
A party to a nonmarital cohabitation may make a claim for restitution on the theory of unjust enrichment.
Circuit court had no authority to amend a ten year old divorce judgment. or to order an additional payment to wife under the theory that it was enforcing the original divorce judgment.