In Re Marriage of Modrow v. Modrow


2001 WI App 200, 247 Wis. 2d 889, 634 N.W.2d 852 (WI Ct. App., 2001)


Incarceration is a valid factor for a family court to consider in setting child support. The court may consider whether the crime was intentional, its effect on future income, payor’s assets, needs of the children and any other factor the court deems relevant. In this case, the court properly set child support based on earning capacity where the husband was incarcerated for his 5th OWI conviction.

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