2009AP1202 In re the Marriage of: Ladwig v. Ladwig

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Family Law
Child support; reduction

A court cannot reduce child support to compensate for amounts the payor provided to the payee's child from a previous marriage.

"On cross-appeal, Judith contends that the remand court lacked authority to credit Daniel with $65,000 against child support owed to the parties' marital children. The remand court determined that Daniel was entitled to the credit for amounts expended in support of Judith's daughter from a prior marriage. We agree with Judith that there is no basis upon which a trial court can reduce that support owed one child based on nonchild-support amounts paid to a nonmarital child. See Wis. Stat. § 767.59(1r); Monicken v. Monicken, 226 Wis. 2d 119, 130-31, 593 N.W.2d 509 (Ct. App. 1999) (a credit against child support may only be permitted as the legislature has determined under § 767.59(1r)). However, the remand court clearly found that 'fairness' necessitated that 'the $65,000 spent by [Daniel] on the support of [Judith's daughter from a prior marriage] … be a credit against any arrearage owed for child support.' While a credit against the child support owed to the parties' marital children is not authorized under statute, the benefit received by Judith and her daughter would be appropriately accounted for in the maintenance award or property division. We therefore reverse the remand court's determination as to this issue and remand for modification to either the maintenance award or property division."

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2009AP1202 In re the Marriage of: Ladwig v. Ladwig

Dist. II, Waukesha County, Reilly, J., Neubauer, J.

Attorneys: For Appellant: Ladwig, Daniel A., pro se; For Respondent: Hickey, Margaret W., Milwaukee

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