Luciani v. Montemurro-Luciani


230 Wis. 2d 431, 602 N.W.2d 132 (1996)


In a case of a high-income payee, the percentage standards presumptively apply, absent payor’s showing of unfairness.  The fact that the parent with primary placement earns a higher income does not necessarily mean the court should deviate from the standards.  A showing is required that a disparity in income will adversely affect the children or the parties.  To relieve father of child support simply because ex-wife earns a substantially higher income runs contrary to the paramount goal of child support – securing the best interest of the children.

Reversing:  191 Wis.2d 67, 528 N.W.2d 477 (Ct. App. 1995)

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