Family Law ~ Child Support

Family Law Attorneys Dedicated to Providing Compassionate Legal Services to Parents in Difficult Child Support Cases

In Wisconsin, parents must financially support minor children after divorce or legal separation. In many cases, the custodial parent is responsible for supporting their children with proper clothing, adequate food, and a safe home environment. Non-custodial parents in a placement arrangement do not have the same daily responsibilities, so they must pay child support to the custodial parent after divorce or establishment of paternity.

No matter what side of the child support dynamic you are on, this financial support obligation dramatically affects your life, and we will do what we can to ensure your case reaches a fair resolution. Our legal team will provide you with all the necessary resources, options for public assistance, and legal guidance through the Wisconsin Child Support Program.

To learn more about our legal services and how we can assist you throughout your case, please schedule a complimentary consultation with our legal team today.

How is a Child Support Order Calculated Under Wisconsin Law?

Every state has different child support guidelines and worksheets that can be used to determine the child support owed in each case. Wisconsin’s child support guidelines help determine the financial support owed by one parent to the other in the event of a separation or divorce.

First, we must calculate each parent’s income. This is accomplished by adding up finances considered income by Wisconsin law, including wages, tips, bonuses, commissions, overtime pay, rental income, and interest income. Once the gross income is determined, a family law court will determine the gross income of the parent paying the child support.

Unless both parents spend the exact amount of time with their children according to the placement schedule, one parent will be responsible for paying the other parent a certain amount of child support. Please contact our child support attorneys for legal assistance to discuss whether you need to pay support if you have a shared placement schedule.

If the paying parent’s gross income is between $1,350 and $7,000 monthly, the following child support calculations apply:

One child: 17% of gross income
Two children: 25% of income
Three children: 29% of income
Four children: 31% of income
Five or more children: 34% of the paying parent’s income

There may be other considerations that could apply to your child support order. For example, professionals may be required to determine child support payments based on the earning capacity of a self-employed parent. Other unique factors may also apply. Please schedule a complimentary consultation with our law firm today to learn more.

Are There Exceptions to the Child Support Guidelines?

If a parent makes $84,000 or more annually, Wisconsin courts may utilize a separate high-income payor formula. Additionally, if a parent has more than one child support order, they are considered a serial payor. They could be entitled to credit for any previous child support orders of older children. There may also be certain adjustments to child support payments for low-income parents.

A Wisconsin family law court also has the right to deviate from the percentage guidelines based on several factors, including the following:

Health, special needs, and requirements to maintain the child’s well-being
The cost of daycare or childcare
The earning capacity of both parents
The financial resources and earning capacity of both parents
The primary placement custody arrangement
Whether one parent provides for the financial stability of other children from different relationships
Other extraordinary circumstances or special considerations may also apply

Speak with a Wisconsin child support attorney to learn more about the requirements to provide financial stability to your minor children and any exceptions that may apply to your case.

What Does a Child Support Court Order Cover in Terms of Financial Support?

Child support in Wisconsin is intended to provide for a child’s well-being and essential needs.

Your financial support may help cover several expenses, including the following:

Basic housing in a safe environment
Childcare. The cost of childcare will be divided according to the placement arrangement
Clothing
Daily living expenses
Educational and school expenses include supplies, extracurricular activities, and tuition. In shared placement arrangements, both parties are expected to contribute to these expenses
Food

The Wisconsin Child Support Program enforces financial support through various means, including wage garnishments, tax refund interceptions, license suspensions, and other methods, if one parent fails to pay child support. Wisconsin family law courts take child support legal matters very seriously, with the goal of looking after the child’s best interests and providing for a healthy upbringing.

Is the Non-Custodial Parent Obligated to Pay for Medical Expenses in Addition to Child Support Payments?

Regardless of whether a child support order is in place and you are paying that financial support according to the formula and child placement arrangement, you are still obligated to share equally in any unreimbursed medical bills unless the agreement states otherwise. A family law judge can also allocate the responsibility and cost of carrying health insurance for minor children.

The original child support court order can include all medical expenses, copays, and deductibles associated with health insurance coverage.

In Wisconsin, child support continues until the minor child reaches the age of 18 or as long as age 19 if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The parents can also agree on how to fund post-secondary education, but the courts cannot order a college education without the agreement of both parents.

Is it Possible for Parents to Agree to a No Child Support Order?

The state prioritizes the child’s well-being above all other factors. Child support is considered a child’s right, not a parental right. Though some parents may wish to avoid paying child support, such as in instances of equal child placement, the courts still assess whether they believe child support obligations are necessary based on income disparities and the needs of the children.

Even in cases where both parents have similar earning capacities and equally divided parenting schedules, the court may still require child support payments if one provides more financial support to the child for essential costs such as daycare or health insurance coverage.

Wisconsin child support laws allow parents to propose alternative financial arrangements, such as directly covering certain expenses instead of making monthly child support payments to the other parent. A court must review and approve any deviation from standard child support guidelines to ensure that the arrangements do not negatively impact the child’s welfare.

Do Child Support Obligations Differ for Couples That Were Never Married?

No. Child support calculations and obligations remain the same regardless of whether the parents were ever married.

In such cases, the child support process begins with establishing paternity, which can transpire in one of two ways: either through the voluntary acknowledgment signed by both parents or through genetic testing and a court order.

After establishing paternity, the court addresses child support, legal custody, and physical placement schedules. The same child support percentage calculations apply, for example, 17% of gross income for one child, and so on. A family law judge will also consider several factors and potentially deviate from the guidelines if necessary.

Wisconsin enforces collection and other processes the same way as if the parents had gotten a divorce, including withholding income, tax refunds, and suspending certain licenses.

Are You Looking to Increase or Decrease Child Support Payments with an Official Modification Request?

Child support orders can be modified if there has been a substantial change in circumstances for one or both parents. Circumstances change all the time, and it’s important that neither parent be overwhelmed by the obligations of raising their children.

The following changes in circumstances may qualify for a child support modification:

A parent developing a new disability, being rendered incapacitated, or unable to work for an extended period
A significant increase or decrease in the income of either parent
Changes in placement arrangement
Incarceration of one or both parents
One or both parents’ loss of employment or demotion
Remarriage or a domestic partnership for the custodial parent
Substantial changes in the child’s needs, including potential special needs
And more

Both parents can agree to post-judgment modifications, but the courts must still approve them. In cases where one parent requests the changes, but the other parent disagrees, it may result in a trial, in which case it is highly recommended that you retain the professional legal representation of an experienced lawyer.

What Are the Consequences of Not Paying Child Support in Wisconsin?

Failure to pay child support is considered a criminal offense in Wisconsin and can result in harsh consequences.

Parents who are unable to pay or have significant changes in circumstances must go through the proper legal processes to obtain adjustments to their child support orders, or else face severe punishments. If a parent fails in their child support obligations, they could be denied loans, have tax refunds intercepted, or see their driver’s license suspended, restricted, or denied.

Suppose you are not receiving the child support payments you are entitled to by your orders. In such instances, several legal options exist to recover unpaid child support. If you are seeking child support arrears or any other unpaid financial support, please contact our Wisconsin law office to schedule your complimentary case review with our legal staff.

Is it Possible to Avoid Paying Child Support?

Every parent has the legal obligation to support their children financially, whether the courts order that obligation or not. However, a family law judge can only enforce orders entered through the official Wisconsin Child Support Program.

Child support orders are typically not retroactive, which is to say that you cannot be ordered to pay for child support before the date that you were given notice of a child support request.

Every parent should fulfill their obligation to ensure their children’s well-being and look after their best interests. To learn more about these obligations and whether your situation qualifies for any exceptions, please contact our law firm to schedule your complimentary consultation today.

Schedule Your Complimentary Consultation With An HKK Law Offices Attorney

Our Wisconsin law firm is staffed with experienced, well-versed attorneys who are dedicated to providing high quality legal services to parents with complicated child support matters. We understand that the child’s welfare and well-being are paramount in every child support case. We also recognize that sometimes, how much child support is being paid may burden one parent too much, and negotiations or modifications may be in order. For example, suppose there has been a substantial change in circumstances to your gross income or the other parent’s income. In that case, modifying financial obligations in your child support case may be possible.

To learn more about the benefits of our legal counsel throughout the child support process, please contact HKK Law Offices to schedule your complimentary consultation with our legal team.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

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