In Re Marriage of Ondrasek v. Tenneson
Stipulation waiving or setting cap on child support violated public policy.
Stipulation waiving or setting cap on child support violated public policy.
Trial court has discretion to order parent with primary physical placement to pay child support.
Each 120 day period of non-support can be separate criminal conviction.
Trial court has no authority to order past support paid into trust rather than to state to recoup AFDC benefits.
Court can order a fixed minimum amount of child support.
Undistributed income of grantor trust is available for child support.
Incarceration is a valid factor for a family court to consider in setting child support.
The Circuit court had the authority to address child support in the context of a chapter 880 guardianship proceeding, however, advanced notice that child support would be addressed at the hearing is required.
Trial court erred in finding that child stipulation was percentage-based.
Trial court properly exercised its discretion for not deviating from guidelines which required child support of $8,455 per month, despite father’s argument that it exceeded the needs of the children.