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.
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