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State Supreme Court says parents can stipulate to minimum child support level

State Supreme Court says parents can stipulate to minimum child support level

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Public policy does not prohibit the parties to a divorce stipulating to an unmodifiable, limited-duration floor on the husband’s child support obligation, the Wisconsin Supreme Court has ruled in affirming judgment.

Two years after divorce, the husband filed a motion to modify his child support payments for the parties’ two children. In resolving that dispute, the parties stipulated that the husband would pay $1,203 per month for a minimum of 33 months. In addition, the parties stipulated that the husband could not file for a reduction in his payments for the full 33-month period.

A year and a half later, the husband moved for a reduction of his support payments, arguing that the stipulation violated public policy.

But the court concluded that such stipulations can be enforced.

“The parties freely and knowingly entered into the stipulation at issue and the terms of the stipulation were fair and equitable. Furthermore, the agreement is not contrary to public policy because the [trial] court retains its equitable power to consider circumstances in existence when the stipulation was challenged that were unforeseen by the parties when they entered into the agreement if those circumstances adversely affect the best interests of the children. [The husband here] has not demonstrated the existence of such circumstances,” the court said.

Wisconsin Supreme Court. May v. May, No. 10AP177.

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