Hirschfield v. Hirschfield
Payment of voluntary expenses for minor children do not count as court ordered support payments.
O’Brien v. Freiley
No credit for voluntary expenditures for children.
Marriage of Greenwood v. Greenwood
(1) Court cannot impose retroactive support obligation. (2) Where custody was transferred, court cannot “credit” child support payments for time after transfer and before court order as that would constitute retroactive support.
In Re Paternity of Cheyenne D.L.
(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.
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.
In Re Marriage of 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.
In Re Marriage of Rummel v. Karlin
Equitable credit may be reimbursed from future support, as well as set off against arrears.
In Re Marriage of Schnetzer v. Schnetzer
Maximum arrears assignable is 50% of current child support order.
In Re Marriage of Harms v. Harms
Equitable estoppel is viable defense to child support arrears.
Douglas Child Support Unit v. Fisher
(1) Trial court has discretion to give credit for child support payment directly to parent where if furthers a reasonable and just result. (2) Statute of limitations for independent action for child support arrears is 20 years after child attains majority (3) Prolonged silence alone does not invoke waiver defense (4) Defense of laches not available.