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.
If your ex-spouse fails to pay court ordered child support or alimony (spousal maintenance) or is not honoring a child custody and visitation arrangement, they may be found in contempt of court. If you are in a situation such as this, you may file a motion with the court describing the problem in order to have your matter heard.
If your ex-spouse is found in contempt (ignored the court order), the court will direct him or her to correct the contempt and may order sanctions or penalties for failing to comply with the court order. The court will likely offer your ex-spouse an opportunity to purge or correct the contempt through the completion of set tasks or payments. Failure to comply with the conditions can result in sanctions which may include additional fines, wage garnishment, liens on property, and seizure of property or even incarceration.
Ex- Spouse Not Paying Court Ordered Child Support?
Experience Matters – Contact a Wisconsin Child Support Enforcement Attorney
If your ex-spouse is not paying court ordered child support, it can be downright frustrating and the impact can be financially significant to be able to provide for your children. If you need assistance enforcing a court order following your divorce, contact the Waukesha Wisconsin law offices of Jane Probst at 414-210-3135. Jane Probst will put her decades of Family Law experience to work on your behalf.
The family law attorneys of Jane Probst Law Offices, S.C., can assist you if you need help modifying any part of your Wisconsin divorce decree.
Can Child or Spousal Support Be Modified?
If your ex-spouse pays child support and their income has increased, you may be able to petition the court to increase spousal and child support. On the other hand, if you are the payer of support and have lost your job or your pay has been substantially reduced, you may be able to decrease what you owe. Keep in mind that the Court can only modify support back to the date the other party received notice of the Motion to modify support, not the change in income, so it is important to file promptly if there are changes in your circumstances.
Modifications to Marital Property Division
With the possible exception of fraud or failure to disclose assets at the time of the initial decree, modifying property division is not permitted.
Modifying Wisconsin Child Custody and Placement Orders
More immediate changes may be made to child custody and placement arrangements if there has been a significant change in circumstances such as:
- your ex-spouse is not following through on child custody and visitation arrangements and you need help enforcing the decree
- a move to a new location makes the current custody and placement (visitation) arrangement infeasible
- situations where the child’s safety and well-being are in question including a parent’s chemical dependency or criminal activity
Contact an Experienced Waukesha and Milwaukee Divorce Decree Lawyer for Help
If you have questions regarding changes to a Wisconsin divorce decree or the post judgement modifications in a divorce, contact the Waukesha and Milwaukee area Family Law Attorneys of Jane Probst Law Offices, S.C., for more information at 414-210-3135.
When there are children involved in a divorce, making decisions about their care can be difficult when the circumstances are new to a family. When raising children in two households instead of one, it is expected and understood that the child custody and visitation arrangements that you made early on may not suit your family’s needs indefinitely.
Changes in child support may also come up where a job loss reduces the amount of support that a recipient may be entitled to. Conversely, an increase in one parent’s income or unanticipated expenses related to the care of the child may result in an more child support. A remarriage of either parent can also change how much child support should be paid. Continue reading “Waukesha Child Custody Modification”