Vlies v. Brookman
A circuit court must separately calculate child support and maintenance as a condition precedent to calculating family support.
A circuit court must separately calculate child support and maintenance as a condition precedent to calculating family support.
Stipulation limiting ability to seek a modification of family support is against public policy and cannot provide a basis for estoppel.
No absolute right to record FCC proceedings.
Circuit court has review authority over all orders of the FCC.
A Family Court Commissioner is expressly authorized under Wisconsin law to initiate actions for remedial contempt to enforce child support obligations. There is no appearance of impropriety.
FCC may intervene in post-judgment custody modification stipulation.
By consenting to the entry of an order by the FCC, father waived his right to a de novo hearing before the FCC.
Appreciated value of gift or inherited property not subject to division unless hardship is shown. Burden of proof to show hardship is on nonowning spouse. Failure to divide separate property could cause a hardship when the nonowning spouse contributes to the property’s increased value.
Amount of appreciation due to general economic conditions accrue to the gift; any amount due to contributions by the non-owning spouse is to be included in the marital estate.
Increase in value of separate corporation due to marital efforts is part of the marital estate. Where the appreciation of the separate property is due to the efforts and abilities of the marital partnership, it is active appreciation and is divisible.