Tag: Wisconsin Child Support Attorney

Wisconsin Child Support Calculator

If you are a parent considering divorce in Wisconsin, you will likely have questions regarding your child support obligation. The amount of child support that you will pay is determined by how many overnights the children spend at each parent’s home throughout the year. For parents who have less than 25 percent placement, child support is based on the following percentages of gross income:

  • 17% for one child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • 34% for 5 or more children

Wisconsin Shared Placement Calculator

If placement exceeds 25%, or at least 92 days per year, child support will be based on both parent’s income and the percentage of time (overnights or *equivalent of) each parent has with the children. Visit DCF link to access a shared placement calculator to determine support.

*The definition of equivalent care provides that blocks of time with the child of at least six hours may be considered the equivalent of a half-day if a meal is provided during that time period. Courts may consider two, half-day blocks the equivalent of an overnight.

How Are Childcare Costs Handled When Determining Child Support?

Keep in mind that variable costs such as child care, tuition, special needs and certain activities are in addition to the calculation and will be separately ordered based upon lists furnished by the parties. Typically variable expenses correlate to the percentage of shared placement time, however the court has discretion in this regard.

Costs of healthcare for the children can be allocated which may result in an adjustment to each party’s child support obligation. Unreimbursed medical care is considered a shared expense.

Factoring in Child Support From a Previous Marriage

If a parent’s gross income is more than 7K a month or $84,000 per year, there is a separate calculation for high income payors. For those who are paying child support for children from a previous a relationship on a separate order, information can be found under the serial payor calculation option on the same DFS site.

Contact a Waukesha Child Support Lawyer for Help

Every situation is unique, so it is important to discuss your specific concerns with an experienced Wisconsin child support lawyer. For your free, half-hour initial consultation with an experienced family law attorney for child support or any other family law matter, contact Probst Law Offices S.C. for help at 414-210-3135.

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.

Establishing Paternity of a Child in Wisconsin

Paternity refers to a legal relationship between a father and child, which allows a father to pursue custody and visitation arrangements while imposing a legal obligation for the father to support his child financially. Although paternity is automatically established when a child is conceived to a married couple, many couples are not tying the knot these days so sometimes establishing paternity can become an issue.

One of the easiest ways to establish paternity in Wisconsin is for the parents to sign a statement acknowledging that the father is, in fact, the biological parent. Remember, a statement acknowledging paternity should only be signed if you are certain regarding the parentage of the child because it is easier to sign on than it is to rescind it later.

When the acknowledgement of paternity is filed with the court, a judge can then decide custody, visitation and child support issues.  It is a good idea to secure legal representation to ensure that a child’s best interests are being served, particularly if you have any concerns.

If there is a disagreement regarding the paternity of a child, a mother or a father can file a petition to establish paternity with the court. In the past, this may have conjured up an image of a mother tracking down a deadbeat dad, but nowadays, there are more and more cases of dads seeking to establish paternity so they can have a relationship with their child.

Aside from a mom or dad filing, a child, a child’s representative, a child’s guardian, the State and even a grandparent of a dependent parent can all file a petition to establish legal fatherhood ‘paternity’ in Wisconsin. A potential father can be ordered to undergo a paternity test and if his test results come back positive, paternity will be established unless there is convincing proof to the contrary.

The belief is that children benefit from a relationship with both parents and of course the financial support that two parents can provide. However, there are cases where a biological father may have a history of domestic abuse, drug or alcohol addiction, or other harmful behaviors that could potentially harm the child.

In cases where a father is on the road to establishing paternity rights and the other parent has legitimate concerns, it is very important to seek the help of an experienced family law attorney who can help you seek a custody and visitation arrangement that takes into account the unique circumstances of your case.

If on the other hand, you are a father who has simply been cut out of the equation because the other parent would rather move on, you have a right to have a relationship with your child and should pursue legal representation to that end.

Contact Experienced Wisconsin Paternity and Parental Rights Attorneys

Over 25 Years of Experience Handling Parental Rights Cases In Wisconsin

If you have questions regarding Wisconsin paternity, child custody and visitation or child support, contact an experienced Wisconsin paternity attorney at the Family Law Offices of Jane Probst for a free consultation today.

 

Child Support Enforcement

best divorce attorney waukeshaIf 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.