Question Details:

When I was ordered to pay child support, I appealed the decision based on the trial court’s decision to base their calculations on the percentage standard. They then modified that number using other factors. The court of appeals remanded the case back to the trial court. When this happened, the trial court failed to allow me to present new evidence. Is it an error on the part of the trial court to grant me a rehearing?

Family Law Attorney Response:

First off, a remand does not always need a rehearing. In fact, any reopening of a case would lie in thee sound discretion of the trial court. As an example, the case of Guzikowski v. Kuehl 153 Wis. 2d 227, 451 N.W.2d 145 (Ct. App. 1989) demonstrated a similar situation. The father made the same assertion of err on behalf of the trial court’s refusal to rehear his case. Ultimately, it was decided by the court of appeals that the trial court’s decision be affirmed. I would suggest that you seek the counsel of a qualified family lawyer in order to discuss the specifics of your case before proceeding.

Dan Exner, J.D.

Family Law Attorney

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