Marriage of May v. May

339 Wis. 2d 626 (2012) · Supreme Court of Wisconsin · April 3, 2012

Summary

The Wisconsin Supreme Court considers whether a stipulation and court order establishing a 33-month unmodifiable floor for child support payments is enforceable. The court holds that the agreement is enforceable because the parties entered it freely and knowingly, it was fair and equitable, and no unforeseen circumstances adversely affecting the children's best interests warranted relief.

Holdings

  1. An unmodifiable floor on child-support payments that is limited in duration is not per se contrary to public policy. A limited-duration floor may be enforceable if it does not interfere with the children's best interests and otherwise satisfies the requirements governing stipulated support orders.
  2. The Mays' 33-month unmodifiable child-support floor was enforceable because the parties entered into it freely and knowingly, the overall agreement was fair and equitable, and the agreement was not illegal or contrary to public policy.
  3. The circuit court properly applied equitable estoppel to preclude Michael from challenging the stipulated child-support floor during the 33-month period.

Questions Presented

  1. Whether a stipulated and court-ordered 33-month unmodifiable floor on child-support payments violates public policy.
  2. Whether equitable estoppel may preclude a parent from seeking modification of a child-support obligation incorporated into a court order.
  3. Whether the circuit court erroneously exercised its discretion by enforcing the stipulation and applying equitable estoppel.

Disposition

affirmed

Cases Cited (15)

  • Honore v. Honore, 149 Wis. 2d 512, 439 N.W.2d 827 (Ct. App. 1989)(followed)
  • Frisch v. Henrichs, 2007 WI 102, 304 Wis. 2d 1, 736 N.W.2d 85(followed)
  • Bliwas v. Bliwas, 47 Wis. 2d 635, 178 N.W.2d 35 (1970)(followed)
  • Severson v. Severson, 71 Wis. 2d 382, 238 N.W.2d 116 (1976)(followed)
  • Rintelman v. Rintelman, 118 Wis. 2d 587, 348 N.W.2d 498 (1984)(followed)
  • Ondrasek v. Tenneson, 158 Wis. 2d 690, 462 N.W.2d 915 (Ct. App. 1990)(followed)
  • Wood v. Propeck, 2007 WI App 24, 299 Wis. 2d 470, 728 N.W.2d 757(followed)
  • Krieman v. Goldberg, 214 Wis. 2d 163, 571 N.W.2d 425 (Ct. App. 1997)(followed)
  • Jalovec v. Jalovec, 2007 WI App 206, 305 Wis. 2d 467, 739 N.W.2d 834(followed)
  • Dovi v. Dovi, 245 Wis. 50, 13 N.W.2d 585 (1944)(followed)

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