(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.
(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.
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.
Maximum arrears assignable is 50% of current child support order.
Equitable estoppel is viable defense to child support arrears.
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.
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.
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.
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.
Trial court properly exercised discretion in starting child support from the date of the de novo hearing, but permitting percentage of bonus income to be applied as a lump-sum child support award in lieu of arrears where the trial court vacated the FCC order.