(1) Increased age of children alone is not sufficient for increase in child support – must show increased expenses. (2) AFDC, child support for child of previous marriage, education loans and grants are NOT income for purposes of child support.
(1) Husband showed change in circumstances to modify child support. (2) Court erred in not giving husband credit against arrears for payments of debts and direct expenses.
(1) Orders regarding payment of health care expenses for minor children are in the nature of child support and can be modified under sec. 767.32. (2) Estoppel does not apply as court can order health care expense responsibility without agreement of parties. (3) Court must make proper findings of need/ability before changing order.
Incarceration for intentional crime is not a substantial change in circumstances warranting a modification of child support.
Holding that the court can consider the resources of a non-liable spouse in determining a liable person’s ability to pay for a dependent relative’s care is consistent with Poindexter and with Burger.
(1) Marital property principles of income are not to be considered in child support issues. (2) Use of percentage standards are purely discretionary in revision actions. (3) If court chooses to apply percentage standards, gross income is calculated as if parent remained single. (4) Circuit court can consider parent’s earning capacities and total economic circumstances.
(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 proceeding to modify child support, a trial court is not mandated to apply the percentage of income standard. However, if the court does not apply it, the record must clearly show that the trial court considered the payor’s total economic circumstances.
Stipulation waiving or putting a limit on child support violates public policy.
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.