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Winkler v. Winkler4/26/2005
ild that's enjoyed a middle[-]class lifestyle which the child of County workers do get to enjoy.
The factual finding supports the trial court's determination.
C. Whether the Trial Court Erroneously Refused to Impose a Trust
Winkler also objects to the refusal of the trial court to impose a trust on the portion of the backdrop benefit to be paid as child support. The authority of the court to impose a trust on child support is limited. That authority is found in WIS. STAT.§ 767.25(2), which provides: "The court may protect and promote the best interests of the minor children by setting aside a portion of the child support which either party is ordered to pay in a separate fund or trust for the support, education and welfare of such children."
The imposition of a trust under WIS. STAT.§ 767.25(2) is a matter within the trial court's discretion. See Cameron v. Cameron, 209 Wis. 2d 88, 98, 562 N.W.2d 126 (1997) ("The circuit court has discretion to determine and adjudge the amount a person should reasonably contribute to the support of his or her child, and shall also determine how that sum should be paid."). "Nonetheless, the custodial parent should not lightly be stripped of [his or] her ability to make decisions concerning rearing child." Resong v. Vier, 157 Wis. 2d 382, 391-92, 459 N.W.2d 591 (Ct. App. 1990). Before imposing a trust over the objection of the custodial parent, the trial court must conclude that a trust "is in the best interests of the child." Cameron, 209 Wis. 2d at 105. This requires the trial court to find that the primary custodial parent "was incapable or unwilling to wisely manage the child support money." Id. at 106.
Here, Winkler failed to establish that Zablocki is "incapable or unwilling" to wisely manage the child support money she will receive from the backdrop payment. See id. The trial court did not erroneously exercise its discretion when it declined to impose a trust on the child support award.
By the Court.--Orders affirmed.
Recommended for publication in the official reports.
Ordered published (05-25-2005).
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