Wisconsin Child Support Legal Questions

I recently wrote a blog about this at our law firm's web site under family law topics. The answer to your question is generally no, as it is against public policy. If he could simply terminate his parental rights, that would leave the child fatherless. She can't terminate his rights unless he consents or has cause under the statute to involuntarily terminate his parental rights, and he can;t just walk into court and terminate his rights to the child other. That is not fair to the child not to have a father, no matter what else may be going in the parent's adult lives.... Read More

there is a specific formula for a shared placement arrangement in Wisconsin that is different from the child support guidelines under DCF; the shared placement formula compares the gross monthly income of both parties and the percentage of time that is allocated to both parents to arrive at the amount to be paid for. child support.... Read More

Federal law mandates that the custodial parent gets to claim the child as a tax dependency exemption unless waived by agreement of the parties or by order of the court. In addition, if the non-custodial parent is going to claim the exemption, the custodial parent must sign IRS waiver form 8332 to enable the other parent to do so. Without that form attached, the IRS will not allow the non-custodial parent to claim the deduction. Apparently, you have an agreement as part of your court case that enables the other parent to take the exemption but has language, which is quite commonly used, that they must be current in all of their support obligations to claim the dependency exemption. Your language apparently states that the dad must be "substantially current." I have no idea what that means or why you agreed to that lanaguage. The usual language is that they must be current, period. I am not being critical of you or the dad for using this language, but I am not sure anyone can really give you an answer on what "substantially" current really means. I am not sure that $277 behind on an order that amounts to $2,280 per year, is substantial; that is 10% of what he owes annually. Is 10% substantial?... Read More

      When a child is born out of wedlock, one of the parties will need to initiate a paterntiy action to establish that the person is the biological father of the child, usually by DNA testing. If there is state involvement (assistance), the child support enforcement attorneys also can initiate a paternity action. Once DNA tests establishes that this person is the biological father and they are adjudicated in court as being the father, the court will hold what is  called a "terms hearing" to deal with issues of child custody, placement, visitation, child support, health insurance, uninsured expenses, birthing expenses and any other issues dealing with the child.        The parties also have the option of filing a voluntary acknowledgment of paternity on a form provided by the state that after the revocation period expires,  that acts as a judgment of paternity and skips step one outlined above. After the voluntary acknowledgment of paterntiy is filed, either party, or the state, can file for the "terms hearing" to deal with the other issues of the case.... Read More

In order to receive child support if the child was born out of wedlock, you first need to establish paternity. You will need to file a paternity action in court to establish that he is the biological father by DNA testing; if and when he is adjudicated in court as being the child's father, the court will then set a child support order.... Read More

If neither of you are under any type of public assistance or receiving governmental benefits, you should be able to agree depending on your placement arrangement and what your incomes are, to have a hold open on child support. Understand in family court matters, any agreements must be reduced to writing and must be approved by the court to be binding; similarly, the agreements are subject to court scrutiny on whether they should be approved or not.... Read More

Your question is a bit confusing. What would be illegal about it? A parent is required to pay child support to be financially responsible for their children, upon a dissolution of the marriage, or where the parties are not married, in a paternity action. Once a court order is entered it  is entered, it is enforceable and given full faith and credit under the laws of the United States. The answer to your question is certainly yes. Even though your children may reside in a different state than you do, you would still be required to pay child support for them.... Read More

Under the Uniform Reciprocal Support Act, the state where the child support order was issued generally has continued and exclusive jurisdiction over the modification or enforcement of a support order, if one of the parties or children reside in the state. The short answer to your question, is probably to first consult with a family lawyer in the state where the order was issued to confirm that is where you need to pursue your case.... Read More

it is mandatory under Wisconsin law in an action affecting the family, such as divorce, legal separation or paternity, to require that the parties' maintain health insurance for the minor children; this is true regardless of the placement arrangement between the parents; the cost of how it gets paid for can also be allocated between the parties, but the answer to your question is yes; you can be court ordered to provide health insurance for your children, even if they don't live with you.... Read More

In Wisconsin, in order for your ex wife to seek more child support from you, she must prove a significant and substantial chnage in circumstances to warrant the court with modifying the order.  Under Wisconsin law, there is a presumption that after 33 months, there is a substantial change, but the presumption can be overcome by appropriate evidence. If you are not yet within the 33 months since the initial orders were entered, if she is asking for an increase in the current child support order, she would have to show that there has been a substantial change in the overall financial circumstances of the parties to warrant the modification. This usually means from your end, you would have to be making somewhere generally at least $10,000 more annually now than you did at the time the orders were last set, for her to have the foot in the door to ask for the increase. She can't just change her mind that she struck a bad deal when the order was first set or that she feels she needs extra money; the change must be objective and significant.... Read More

       It is difficult to answer your question; I would contact the child support enfrocement division attorney in the county where your case was pending to determine the status of when you will receive the check. if you have the contact information for the agency in Texas that is holding the money, I would also contact them directly as well. ... Read More

The answer to your question is no. You are obligated to support your children, not your soon to be new wife.  Her income and assets cannot be used in any way to pay support under your divorce decree. There can be an inquiry as to whether she works and what her income is, but at the same time, under Wisconsin law, her income cannot be considered or used for what are your support obligations.... Read More

Child support is designed to cover the basic necessities of taking care of a minor child, housing, food and clothing. Child support is defined under WI DCF 150 guidelines as "child support or child support obligation means an obligation to support a marital child either in an intact family or as a result of a court order, an obligation to support the payer's non marital child as a result of a court order, or an obligation to support the payer's nonmarital child in an intact family as a result of adoption, maternity or an acknowledgment of paternity."        Variable costs under WI DCF 150.02 (29) guidelines states "variable costs means the reasonable costs above, basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child's special needs, and other activites that involve substantial cost."... Read More

I don't see how your house is income, unless it is rental property; it is possible you calculated your income from employment incorrectly, and the court did a math calculation to determine your gross monthly income. If you disagree with the court order, file an immediate motion de novo to review the orders. Check your local court rules to insure the time line to file the appeal.... Read More

If this is a Wisconsin case, the general rule under the paternity statutes, is you can no longer seek retroactive child support relief, absent extraordinary circumstances, going back to the birth of the child. You are entitled to retraoactive relief only to the point a motion is filed with the court establishing a child support order and the person is served with papers to appear in court. How is it that you are getting any child support if the child is now an adult?... Read More

This is a frequently asked question and the general answer is "no", there is nothing you can do about it, which I know probably doesn't make any sense to you and is very frustrating. Child support is designed to support the "basic needs" of a child, clothing, housing and food. I don't know how you would prove in court that they aren't using the money for that purpose, and even if you could prove it, the law allows no consideration for deviating from the percentgage guidelines, because you don't believe your money is being put to good use. If the other parent is neglecting the child's needs, it may become more of an issue of asking the court to transfer placement of the child to you, than it is a money issue.... Read More

You should check on the Wisconsin circuit court internet site (c-cap) to see who issued the warrant and why. Once you establish that, you can  consider making a significant payment towards the arrears, which may go a long way towards whether the court finds you in contempt and puts you in jail or let's you go free. If you are being criminally charged ,you should consider hiring a criminal  defense attorney to help you.... Read More

In Wisconsin, there is a state law that when there is a child support or family support order in place, there must be an annual exchange of tax information to verify incomes. If your ex refuses to provide this information, file a contempt motion. There is also a law in this state that presumes a substantial change of circumstances sufficient to modify support after 33 months from the time the last support order was put into effect.... Read More

File a motion with the court to request a specific repayment plan on the arrears, in addition to the regular monthly child support order. His arrearages for non payment of support, may be large enough that the district attorney in your county may be interested in possible criminal charges against him.... Read More

If he has a limited ability to pay and if he became disabled after the most recent child support order was set, he can file a motion with the court to request that his support payments be modified. There is a specific DCF support guideline that considers the disability payments; also, the child receives a portion under federal law.... Read More

what county is the case pending in? many counties offer clinics to help people at the local county courthouse on family matters. Check in your county and take your pauses to have them reviewed by an attorney at the self help clinic. If you'd county does not offer that, you can try to have a free consult with a family lawyer in your area who may be able to help you complete your parenting plan.... Read More