Family — child support — imputed income — contempt

Wisconsin Court of Appeals

Civil

Family — child support — imputed income — contempt

In this post-divorce judgment action, Michael Becker appeals circuit court orders setting child support, awarding attorney’s fees to DeAnn Becker, and finding Michael in contempt for not making child support payments. Michael contends that the circuit court erred in determining child support by imputing income to Michael based on his earning capacity as a cardiologist rather than by relying on his self-reported lack of income from his current cardiology practice, and that the court consequently erred in finding him in contempt for nonpayment of child support and in requiring that he pay DeAnn’s attorney’s fees. We conclude that the court followed the correct legal standard in setting child support by imputing income to Michael based on his earning capacity as a cardiologist, and that the evidence sufficiently supports the circuit court’s determination that Michael’s “decision … to operate the profitless business [was] voluntarily done and unreasonable.” Accordingly, we affirm. Not recommended for publication in the official reports.

2013AP1481 In re the marriage of: Becker v. Becker

Dist I, Milwaukee County, Murray, J., Kloppenburg, J.

Attorneys: For Appellant: St. John, Thomas W., Milwaukee; Peltz, Joseph M., Milwaukee; For Respondent: Peckerman, Bruce M., Milwaukee; Van Kirk, Jennifer J., Milwaukee