Tag Archive for: modification of child support

Case Ruling: Change in Child Support Requires Court Approval

It is not often that a child support case makes it all the way to a state’s Supreme Court, but recently the New Hampshire Supreme court issued a noteworthy opinion on modification of child support obligations. While the law governing in child support differs slightly from state to state, child support works much in the same way in New Hampshire as it does here in Wisconsin.

Generally, child support payments are determined by child support guidelines established by the state. The guidelines look to a variety of factors, but they focus heavily on parental income.

The New Hampshire case involved a father of a four-year-old girl who had lost his job with a pool company. He had been paying $57 dollars per week two years ago, but a private agreement between the father and the girl’s mother lowered the amount he paid to $50 per month.

The state Division of Child Support Services sent him a bill for past due support last summer after his ex-wife applied for food stamps. The father challenged the bill, but lost in trial court. He appealed the ruling to the New Hampshire Supreme Court, but the Supreme Court ruled that the father is responsible for about $5,000 in back child support payments.

The justices ruled that a private agreement between parents had no effect on a court ordered amount of child support, because the state established child support guidelines that are designed to protect the interests of children when calculating child support payments and court orders for child support are meant to enforce those guidelines. Because child support orders come from a court of law, those orders create an obligation that cannot be altered by a private agreement between two parties. The court found that the parents in this case created a child support arrangement that did not follow the state’s guidelines.

If they had sought a modification of child support payments based on the father’s loss of income, one would likely have been granted. However, the modification would have needed to be monitored by a court that would have taken the child support guidelines into consideration. If you have a question about modifying child support payments, an experienced family law attorney can help inform you of your legal rights and options.

Source: Boston.com, “Court must approve change in child support amount,” Lynne Tuohy, 12/22/2010

Wisconsin high court to decide important child support question

Typically, child support orders can be modified when there has been a significant change in circumstances. An involuntary loss of income or an increase in income are among the most common changes in circumstances that warrant modifying a child support order.

In some child support agreements, parents have tried to set a maximum amount that can be paid. However, these “ceiling” amounts have been declared unenforceable in Wisconsin when there has been a change in circumstances because the agreements would be against public policy. Now, a case is on the way to the Wisconsin Supreme Court on whether minimum payments, or floors, spelled out in child support agreements are also unenforceable.

The case is called May v. May. After a divorce, Michael May agreed to pay his ex-wife, Suzanne May, no less than $1,203 per month in child support for no less than 33 months. This agreement established a floor amount. However, after 17 months, Michael May requested a reduction in the amount of his child support payment because of an involuntary loss of employment.

Suzanne opposed the request and argued the agreement should be enforced because a floor amount would not be against public policy. The trial court agreed with Suzanne and enforced the agreement. Michael appealed the case to the Wisconsin Court of Appeals District IV. The appeals court, confronted with a child support question for which there is not a clear answer, certified the question to the Wisconsin Supreme Court for clarification. In cases involving a conflict or lack of clarity in legal authority, certified appeals are a method for receiving clarification from a higher court before resolving the issue at hand.

Source: State Bar of Wisconsin, “Case may clarify the enforceability of child support agreements that set minimum payments,” Joe Forward, 1/11/2011

Iron Bowl tickets used to ensnare child support violators

Our Wisconsin readers who are gearing up for the 2011 college football season will be interested to read of a news story from Alabama involving child support enforcement and college football tickets.

For years, the Iron Bowl has been a tremendous draw for football fans as it pits the University of Alabama against its archrival, Auburn University. Traditionally held each Thanksgiving weekend, tickets for the Iron Bowl have sold for nearly $1,500 in recent years. Knowing the allure of this game for football fans, one sheriff used the promise of free Iron Bowl tickets to ensnare parents who were behind on their child support payments.

In the recent Alabama story, a sheriff sent letters to parents who were behind on their child support payments. The letters stated that the parents had been selected to receive free tickets to the Iron Bowl. However, when about one dozen parents showed up to a storefront rented especially for the occasion in order to collect their free tickets, they were arrested.

When a parent falls behind in child support payments in Wisconsin, there are two distinct options available. In the first option, the parent can return to court and request a downward modification of child support if he or she has suffered an involuntary loss of income, such as the loss of a job. The second option is less desirable for the parent who owes support, and it involves a wait-and-see approach.

If a parent who is behind on child support simply falls behind and does nothing else, that person can face contempt charges that include the possibility of a fine or jail time. In addition, the state of Wisconsin can withhold the parent’s income or income tax returns.

Source: Fox News, “Alabama Sheriff Uses Fake Iron Bowl Tickets to Smoke Out Suspected Deadbeat Parents,” Aug. 6, 2011