How Do I Enforce a Child Support Order in Wisconsin?

Some General Facts You Should Know About Your Child Support in Wisconsin?

No matter your marital situation, your child deserves the best care that you can provide. However, if you’re not receiving your court-ordered child support payments, it becomes problematic as to how you’re going to provide for all their needs.

That said, there are effective ways to enforce Wisconsin court-ordered child support. With the help of a compassionate, diligent, and experienced child support lawyer, you can get invaluable step-by-step guidance that will ensure you get what you are owed.

However, before you legally enforce your child support payments, it’s essential to understand what your child support order entails. In Wisconsin, child support is typically ordered as a key part of your divorce, paternity, or custody case. These court orders specify the amount, frequency, and process for payment that the noncustodial parent must follow.

The state usually calculates child support using the “Percentage of Income Standard.” This calculation considers the paying parent’s gross income, the number of children involved, and possibly more, depending on the unique situation of your divorce.

For example, however, the noncustodial parent will usually pay a percentage of their gross income, such as:

Paying 17% for one child.
25% if two children are involved.
29% for three children.
Up to about 34% for five or more children.

Of course, the family court may deviate from these percentages under specific, unique conditions such as shared placement, very high or low income, special needs children, etc. It’s vital to note that simple “verbal” agreements between you and your ex-partner are not enforceable legally and should be avoided. However, once the Wisconsin court puts a child support order in place, it is enforceable until it is modified or lawfully terminated by a court.

What May Occur If Child Support Payments are Missed?

Sometimes, circumstances occur that may force the noncustodial parent to miss a child support payment. In these cases, consider discussing the situation with your ex-partner and attempting to arrange to catch up, etc.

However, let’s say the paying parent fails to make complete and timely payments, cannot be contacted, evades you and the situation entirely, etc.; this violates the court order. In Wisconsin, unpaid child support is known as being in arrears, and legally, court enforcement can begin once a payment is late, even by a day.

Some signs that you may tell you that potential enforcement issues may be necessary are:

Very inconsistent, making partial payments, and more.
An abrupt halt to your receiving child support payments without explanation.
Delays in payments following job changes, relocations, etc.

Usually, one missed payment doesn’t trigger immediate court involvement; a pattern of noncompliance can and must be addressed quickly. This is why you must document all missed or partial payments, including the dates, amounts, and any other information that may be pertinent to the situation. Your passionate and well-versed child support lawyer will use this information to support your legal enforcement claim and get you the funds you need and deserve as soon as possible.

What Are Some Ways My Lawyer May Use to Enforce My Child Support Payments?

Of course, every child’s support and the issues involved differ. Still, most divorce orders instruct the obligor (the person paying the support payments) to pay child support exclusively through the Department of Children and Families. Therefore, in most cases, the Wisconsin judge will only consider the DCF’s payment record when reviewing an obligor’s delinquent accounts. If a case of non-payment does exist, there are several enforcement tools available, including:

Withholding the obligor’s income – Almost all delinquencies trigger employer income withholding. Wisconsin has stringent income withholding laws that allow employers to direct up to 65 percent of an obligor’s check to the obligee.
Interest on the amount owed – Wisconsin can impose a high interest rate, up to twelve percent (one of the highest in the U.S.).
Interception of payments – The state can intercept payments to the obligor, such as insurance payouts, tax refunds, inheritance receipts, and other payments destined for the obligor, and direct them to the obligee.
Direct forms of punishment – Parts of Wisconsin have a “deadbeat dad” list, and if the obligor’s name is on it, they can cause severe embarrassment and even make it more difficult to obtain jobs or loans. Additionally, in some cases, Wisconsin also has the power to suspend the driver’s licenses of delinquent obligors.

So, the good news is that there are numerous legal remedies that your experienced, thorough, and passionate child support lawyer can use to get you and your child the money you need and deserve.

You must note that a government prosecutor is usually assigned to these cases, but the government’s lawyer does what’s best for the state. But your empathetic and well-versed child support lawyer will always do what’s best for you and your family.

What Are Some Steps I Should Take to Enforce My Child Support Order?

If you’re not getting the court-ordered child support that you should, you now may see that you do have legal options. The first thing to do is to thoroughly discuss your unique situation with your knowledgeable child support lawyer to follow the best legal path possible.

However, in most cases, the following steps are also advised:

Contact the local child support state agency – Every Wisconsin county has a Child Support Agency that works with enforcement services. In most cases, these agencies will;
- Track and record all payments that are made (or missed).
- Begin legal enforcement actions.
- Modify existing orders if the obligor’s financial circumstances have changed, etc.

In almost all these cases, having the advice and guidance of passionate, experienced legal representation is beneficial, especially in complex cases.

Request a formal review of your case—You can review your child support order every 33 months, sooner if circumstances have significantly changed. This will help ensure the order remains fair and enforceable.
Have your lawyer file a formal motion with the family court – Let’s say the CSA is slow to act or urgent. In these cases, you or your lawyer can file a motion to enforce or a motion for contempt directly with the court. This results in a hearing where the noncustodial parent must explain why they failed to pay.
Always keep detailed records, even if payments are made – Maintain a clear and concise record of all payments received (or missed), Communication with the other parent, and any formal notices or actions taken.

I Am Not Receiving My Court-Ordered Child Support Payments; How Should I Proceed?

When you and your lawyer move to enforce a child support order legally in Wisconsin, it’s not just about holding your ex-partner accountable but about ensuring your child receives the financial support they require and are lawfully entitled to. Wisconsin has a variety of legal pathways designed to help custodial parents obtain the support owed to them.

So, whether you use the services of the local Child Support Agency or the family court system, taking proactive, immediate steps is crucial.

Additionally, if you’re struggling with getting your child support payments or they are in arrears, you should never attempt to fight this battle alone; there’s too much at stake for you and your child.

The highly experienced, passionate, and responsive family law lawyers at the HKK Law Offices are truly dedicated advocates who will analyze your unique child support case and work tirelessly to get you the child support you need to continue your child’s stability and support. Call them today at (920) 457-4800 for a complimentary consultation on your unique case, and they will strategically fight to ensure that your child support court orders are respected and enforced.