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Child Support/Imputed Income/Incarceration:
© 2001 National Legal Research Group, Inc.
The father was incarcerated for his fifth operating a motor vehicle while intoxicated offense. He appealed the determination of child support, contending that the court should have used his actual income, rather than his earning capacity. The court of appeals affirmed. "We conclude that incarceration is a valid factor for a family court to consider in arriving at an initial determination of child support because of the impact it has on the payor's employability due to what may be voluntary and unreasonable acts. In exercising its discretion, the court may consider whether the crime was of an intentional nature, its potential effect on the payor's future income, the assets of the payor, how the needs of the children will be met during the payor's incarceration and any other factors which the court deems relevant." The court concluded, however, "While acknowledging that alcoholism is a disease, the court found that Kim voluntarily chose to operate a vehicle while intoxicated. The court found this decision to be unreasonable. We agree. In light of Kim's OWI history, he is reasonably held to have anticipated that further OWI conduct would result in his incarceration and interfere with the ability to support his children. A parent remains obligated to make reasonable choices that will not deprive his or her children of the support to which they are entitled." In re Marriage of Modrow, No. 00-1868 (Wis. Ct. App. Aug. 29, 2001).
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