Category: Child Support

Child Support Modification Questions

Many questions regarding the payment of child support arise when a parent remarries, loses their job, or increases their income. The rule of thumb is that if there is a substantial change in financial circumstances of either or both parents, the amount of child support may be modified.

Say for example, a parent remarries. Many wonder if the additional income will figure into the child support calculation. While a new spouse’s income cannot be included for purposes of determining child support, the improvement of the family unit’s general economic circumstances may be considered. For example, if your new spouse owns a business which you contribute to or derive a benefit from, a court may assign some of the income as marital property that may change the child support determination.

Another question that frequently comes up is if a job loss will reduce the child support obligation. Remember that the court generally expects all parties to work to their full capacity to support their children after divorce. It follows that someone who has been ordered to pay child support who has lost employment will find a new job ASAP to continue to meet their child support obligation for the benefit of the children.

Although someone may be granted a period of time to secure employment, it is unlikely that the court will use zero income to calculate child support in the interim. Depending on the circumstances, the court may elect to impute income beyond what a parent currently earns based on their employment history and qualifications when a parent is unemployed, working less than full time or earning less than they could.

Child Support Modification Questions?

Contact an Experienced Wisconsin Family Law Attorney Answers

When you have questions regarding a child support modification, contact the Wisconsin child support lawyers of Probst Law Offices for answers to your child support modification questions at 414-210-3135.

Wisconsin Child Support Determination

To make a Wisconsin child support determination, a court will consider how many overnights a child has with the non-residential parent. For joint custody arrangements, the amount paid depends on the overnights. See example of child support for shared placement.
If a parent has sole custody, the non-custodial parent will be ordered to pay a standard percentage based on the number of dependent children as follows:

  • 17% of one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • and 34% for 5 children

When You Have Questions On Wisconsin Child Support

Contact an Experienced Team Of Wisconsin Child Support Lawyers For Help

For more information regarding the calculation of Wisconsin child support see Wisconsin Department of Children and Families DCF 150. If you have questions, contact our Waukesha Family Law attorneys for help today. Probst Law Offices serves communities in SE Wisconsin in all matters regarding Wisconsin divorce, child support, custody and visitation, spousal maintenance and more. Call our offices for more information or to set-up a free consultation at 414-210-3135.

Can I Make My Spouse Move Out During Divorce?

During a divorce, you may want to stay in the family home especially when are children involved. If your spouse refuses to leave, there are certain conditions under which a court can order him or her to go, particularly if the other spouse or children feel threatened. You may request a temporary order if there is evidence of domestic abuse or believe your mental or physical well-being is compromised if both spouses continue to occupy the home during divorce proceedings.

Temporary Support Orders in a Wisconsin Divorce

Many spouses who are stay at home moms or dads, or those who earn less income compared to their spouse, may worry how they will get by if their spouse is ordered to leave. In cases where you remain in your home without your spouse and they are the breadwinner of the family, you can file a special motion with the court asking the he or she continue paying the mortgage until things are sorted out. You may also request the payment of temporary child or spousal support during the divorce proceedings so that you can stay afloat while issues such as marital property division, child custody and visitation, child support and alimony are determined.

Contact Our Experienced Child and Spousal Support Lawyers for Help Today

If you are considering divorce and would like more information regarding temporary orders to occupy the family home during a divorce or to obtain temporary monetary support while your divorce is ongoing, contact the Waukesha Family Law offices of Probst Law Offices for help at 414-210-3135.

Calculating Wisconsin Child Support

calculating wisconsin child supportEvery child is entitled to support from their parents. If you divorce with children, child support is intended to cover basic needs such as food, clothing, shelter, utilities, transportation and health insurance. There is a legal obligation to support a child until they turn 18 or longer, if they are still in high school or pursuing a GED.

Calculating Wisconsin Child Support

Wisconsin courts use the percentage of income standard to calculate child support payments. The percentage of income guideline breaks down as follows:

17% of income for 1 child
25% of income for 2 children
29% of income for 3 children
31% of income for 4 children
34% of income for 5 or more children

Generally, the court will consider the parents’ incomes, the time the child spends with each parent and if either parent is supporting children from a previous marriage or relationship when applying the standard. Different child support guidelines (Wisconsin Department of Children and Families) may be applied in circumstances of shared placement, serial family, split-placement and high or low income payer cases.

Income Included When Calculating Wisconsin Child Support

Sources of income to be considered will include wages, tips, salaries, bonuses, and commissions; interest and capital gains on property and investments; workers’ comp or personal injury awards that replace income; unemployment; SSDI; military benefits or allowances; and some retirement contributions.

Child support can also be based on a parent’s ability to earn. A child support obligation can be determined by looking at past earnings, education, work experience and the like, which unearths the earning potential the parent has to support the child.

Enforcing Wisconsin Child Support Payments

If parents do not make timely payments, child support agencies have the power to place a lien on the debtor’s property, intercept federal or state income tax returns and deny the parent the ability to obtain business loans or certain college funding. A debtor may also be prevented from obtaining a passport or have their professional, recreational or driver’s license restricted or suspended. Ordered child support that is not paid will continue to be enforced and collected long after the child reaches the age of majority.

Modification to Wisconsin Child Support Orders

In some cases, a child support order may be modified to either increase of decrease the child support obligation. This may happen if one parent loses their job and cannot pay the ordered support or perhaps if a parent’s income goes up substantially in the future. Visit with your attorney promptly if there is a substantial change in your or your ex spouse’s circumstances.

Contact an Experienced Child Support Lawyer

If you have questions regarding calculating Wisconsin child support, contact the Waukesha and Milwaukee child support law attorneys of Probst Law Offices, S.C. for more information at 414-210-3135.