IN RE MARRIAGE OF SCHULZ v. YSTAD

Nos. 88-2018-FT, 88-0952, 88-1631, 88-1594.

155 Wis.2d 574 (1990)

456 N.W.2d 312

In RE the MARRIAGE OF: Julie SCHULZ, Petitioner-Appellant, v. Roger YSTAD, Respondent-Petitioner. IN RE the MARRIAGE OF Donald K. THOMPKINS and Jackie Thompkins: RACINE COUNTY CHILD SUPPORT AGENCY and Jacqueline Hunter, Respondents, v. Donald THOMPKINS, Appellant-Petitioner. IN RE the MARRIAGE OF: Eileen M. PIASKOSKI, Petitioner-Respondent-Petitioner. v. Paul A. PIASKOSKI, Appellant. IN RE the MARRIAGE OF: Mary Carol HARMS n/k/a Mary Carol Parquet, Petitioner-Respondent, v. David L. HARMS, Respondent-Appellant.

Supreme Court of Wisconsin.

Argued March 27, 1990.

Decided June 6, 1990.


Attorney(s) appearing for the Case

For the respondent-petitioner there were briefs by John M. Langer, Baraboo and oral argument by John M. Langer.

For the petitioner-appellant there was a brief by Mark R. Reitz and Quale, Hartmann, Bohl, Stevens & Reynolds, S.C., Baraboo and oral argument by Mr. Reitz.

Amicus curiae brief was filed by Donald P. Johns, assistant attorney general and Donald J. Hanaway, attorney general and Constance M. Chesnik, Sherwood K. Zink, Department of Health and Social Services, of counsel, for the Attorney General of the State of Wisconsin.

Amicus curiae brief was filed by Jack Longert and Legal Assistance to Institutionalized Persons Program, Madison, for the Legal Assistance to Institutionalized Persons Program.

For the appellant-petitioner there were briefs by Eric Schulenburg, assistant state public defender.

For the respondents there was a brief by William H. Honrath, deputy family court commissioner, Racine and Sherwood Zink, Department of Health and Social Services.

Amicus curiae brief was filed by Donald P. Johns, assistant attorney general and Donald J. Hanaway, attorney general and Constance M. Chesnik, Sherwood K. Zink, Department of Health and Social Services, of counsel, for the Attorney General of the State of Wisconsin.

Amicus curiae brief was filed by Jack Longert and Legal Assistance to Institutionalized Persons Program, Madison, for the Legal Assistance to Institutionalized Persons Program.

For the petitioner-respondent-petitioner there was a brief by Nancy Phelps and Blumenthal, Jacquart, Blumenthal & Leib, S.C., Milwaukee.

For the appellant there was a brief by Paul A. Piaskoski and Piaskoski & Associates, S.C., Milwaukee.

Amicus curiae brief was filed by Donald P. Johns, assistant attorney general and Donald J. Hanaway, attorney general and Constance M. Chesnik, Sherwood K. Zink, department of health and social services, of counsel, for the Attorney General of the State of Wisconsin.

Amicus curiae brief was filed by Jack Longert and Legal Assistance to Institutionalized Persons Program, Madison, for the Legal Assistance to Institutionalized Persons Program.

For the respondent-appellant there were briefs (in the court of appeals) by Christopher D. Walther, Faye M. Wellworth and Christopher D. Walther & Associates, S.C., Milwaukee.

For the petitioner-respondent there was a brief (in the court of appeals) by Terry M. Iaquinta and Madgrigrano, Gagliardi, Zievers and Aiello, S.C., Kenosha.

Amicus curiae brief was filed by Jack Longert and Legal Assistance to Institutionalized Persons Program, Madison, for the Legal Assistance to Institutionalized Persons Program.


LOUIS J. CECI, J.

These cases were consolidated in this court for purposes of decision. In each case, a child support arrearage accrued pursuant to an order or judgment for support entered prior to August 1, 1987, and the parent obligated to pay support sought reduction of the arrearage after that date. The cases present a common issue concerning the application of sec. 767.32(1m), Stats., which became effective on August 1, 1987, and provides that the circuit court...

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