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Family — child support — high-income parents

By: WISCONSIN LAW JOURNAL STAFF//February 6, 2014//

Family — child support — high-income parents

By: WISCONSIN LAW JOURNAL STAFF//February 6, 2014//

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Wisconsin Court of Appeals

Civil

Family — child support — high-income parents

Sandra Koch appeals a circuit court order setting Jonathan Koch’s child support obligation and the denial of her motion for reconsideration. Sandra and Jonathan, who never married, are parents of three minor children and lived together until the relationship ended. A petition was filed seeking child support from Jonathan. A hearing on the petition was commenced on one day and continued to a later date. In a written decision, the court set Jonathan’s monthly child support payments at a rate lower than would have been set by the applicable percentage standard guidelines established by the Wisconsin Department of Children and Families (FCF) for high income earners.

Sandra filed a motion for reconsideration and the court heard oral arguments. However, the court did not render a decision within ninety days after judgment was entered in this case on Dec. 7, 2010. Accordingly, by operation of Wis. Stat. § 805.17(3) (2011-12), the motion for reconsideration was deemed denied. Nevertheless, on June 3, 2011, and before the record of this case was transmitted to the clerk of court for the court of appeals, the court issued a written decision and order denying Sandra’s motion.

Sandra raises four arguments on appeal, to the effect that the circuit court erroneously exercised its discretion in setting child support because: (1) the circuit court did not properly apply the percentage standard when setting child support by failing to consider child care costs and the best interests of the children, as required by Wis. Stat. § 767.511(1m)(e), (hm); (2) the court did not explain its reasons for the amount of the deviation from the high income payer percentage standard and the basis for the deviation, which § 767.511(1n) requires; (3) the court failed to consider “the fact that the percentage standard makes adjustments for high-income parents”; and (4) the court’s finding that Jonathan overcame the presumption that applying the percentage standard to him was fair is not supported by the record.

For the reasons that follow, we reject all of Sandra’s arguments and affirm. Not recommended for publication in the official reports.

2011AP1186 Koch v. Koch

Dist IV, Dane County, Albert, J., Higginbotham, J.

Attorneys: For Appellant: Bensky, Janice N., Madison; For Respondent: Bushaw, Brian, Madison

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