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
