Michael Duane Rust v. Angela Marie Rust
2023AP000974
| Wis. Ct. App. | Jan 22, 2025Background
- Michael and Angela Rust divorced in 2020 with three minor children; child support and maintenance were set via a marital settlement agreement (MSA).
- Under the MSA, Angela paid Michael around $88/month in child support (after offsetting for health insurance costs), and $699/month in maintenance.
- In 2022, Michael sought to seal the case (after becoming a court commissioner), and to modify placement and child support; Angela sought to reduce or terminate maintenance and to unseal the case.
- The circuit court modified child support, setting it at $500/month (below the guideline $870/month) and ordered all such money to be deposited into 529 educational accounts for the children.
- The court also ordered the case unsealed but kept the parties’ addresses redacted.
- Michael appealed the modification of child support (amount and payment method) and the unsealing of the case file.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Downward deviation from child support guidelines | Court erred by deviating from guidelines without sufficient evidence or explanation | Guideline amount was unnecessary and unfair due to increased income and maintenance | Circuit court abused its discretion; reversal required |
| Payment of child support into 529 Accounts | Improper to direct entire support to 529s; needed funds for children's current expenses | Appropriate given current circumstances; at least partial parental consent | Circuit court abused its discretion; insufficient basis for entire diversion |
| Unsealing of court record with redaction | Successor judge could not overrule prior sealing order | Prior sealing was void; record should be open with safeguards | Successor judge had authority; unsealing with redactions affirmed |
Key Cases Cited
- LeMere v. LeMere, 262 Wis. 2d 426 (Wis. 2003) (standard for reviewing child support determinations)
- Winkler v. Winkler, 282 Wis. 2d 746 (Wis. Ct. App. 2005) (trusts on child support proceeds and required findings)
- Hubert v. Hubert, 159 Wis. 2d 803 (Wis. Ct. App. 1990) (requirement for robust legal analysis in discretionary rulings)
- Starke v. Village of Pewaukee, 85 Wis. 2d 272 (Wis. 1978) (authority of successor judge to modify orders)