Wisconsin Child Support Legal Questions

Assuming you are not married to the child's father, you need to establish paternity. You can do that by both you and the father signing a voluntary acknowledgment of paternity on the state provided form, or file a formal paternity action in court. Once DNA testing is completed and he is legally established as being the biological father of your son, the court will set a child support order so that you receive appropriate support for your son. If he isn't working, they can also order him to find employment and will adjourn the court hearing to set a child support order once he finds employment. The court can also impute income to him if he is capable of working but chooses not to, also for purposes of establishing a child support order.... Read More

Every parent is expected to provide support for their children, both emotionally and financially; if the parties have equal or shared placement, the formula under Wisconsin law compares the percentage of time both parents spend with the children, along with their gross monthly incomes; if the mother is not working full time, the court has the authority to impute income to her, in the calculation of the support order; if the ex spouse has a child at home with severe physical  or emotional needs, that would allow an explanation as to why the court may not be holding her to her full earning capacity.... Read More

Your posting is sort of confusing. Were you married and divorced or was this a paternity case? If you were not given proper statutory notice of their intention to move out of state, you could consider filing a motion to modify custody and placement and ask for a court order that they immediately return the children to the jurisdiction of this state; the success of your motion may depend on when they left the state; if within the last  few months, if so I would say your chances are better than if you are now referring to something that happened ln the last 5 years; on the second issue which is a modification of support, you can consider filing a motion to modify support as well; why do you feel you need to change counties to file a modification to adjust support?... Read More

While you and the father can agree on an informal agreement on child support out of court, any such informal agreement is not legally binding on either one of you and will not be enforceable in court. You also cannot enforce the collection of child support by an income assignment without formalizing your agreement with a binding legally enforceable court order.... Read More

What normally will happen is that if both divorced parents try to claim a child, the IRS will flag both tax returns. They will then ask both parties to document how much time the child spent with each parent.  If  the final divorce decree allows the parent paying child support to claim the child, then that parent needs to get the other parent to sign an IRS form allowing them to claim the child on taxes.... Read More

I am assuming that you mean that the father gets social security, and then he is supposed to pay you child support.  If he is not paying his court ordered child support, you would file a request to have him held in contempt.  If the father is receiving a disability payment, you should ask social security to make you the payee of the benefit.... Read More