Marriage Marian Victoria Smith v. Donald Book Reviews

Marriage Marian Victoria Smith v. Donald by Court of Appeals of Wisconsin Book Summary

Donald Smith appeals an order denying his motion for a reduction in his child support obligation based on a reduction in his
earnings that resulted from his change of employment. 1 He contends that the trial court's determination that his termination
of employment was not the result of medical problems is clearly erroneous. He further contends that the trial court is precluded
from basing a child support order on earning capacity rather than actual earnings unless it determines that he was shirking.
Donald argues that because the court did not find that he was shirking it was required to base the child support order on
his actual earnings. Because we conclude that the evidence sufficiently supports the trial court's determination that Donald's
change of employment was voluntary and unreasonable and that the trial court is permitted to look at earning capacity when
it determines that the party's termination of employment was unreasonable, we affirm the order. Donald and Marian Smith were divorced in 1987. At the time of the divorce, Donald and Marian had two minor children, aged
three and four years old. The judgment of divorce ordered Donald to pay $225 per month child support as long as he is employed,
to be reduced to $150 per month "in the event is again unemployed . . . ." In June 1988, Donald's child support obligation
was increased to $405 per month and he was ordered to pay $25 per month toward his child support arrearage.

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Marriage Marian Victoria Smith v. Donald (Court of Appeals of Wisconsin) Book Reviews 2024

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