QUESTION
Can the court force the ex to work more, or instead, care for the children during the day?
Asked on Jun 30th, 2015 on Child Support - Wisconsin
More details to this question:
My boyfriend's ex will not work more than 16 hrs/wk. 3 years ago, her reason to the court was "I have to be at home to take care of my autistic child". She works 16 hrs/wk, gets child support, receives Badger Care, and food stamps. The kids are now in school full time (except summer; daughter is 1/2 time; son is home) Recently, they went to a week on/week off schedule, as he did have the kids all weekend, every weekend, and the daughter was begging for weekend time w/ her mother. She agreed to watch the kids during the day for the summer. After 2 weeks of this she states "she can't do this; this is MY time I am spending taking care of the kids for free". The kids are now in school full time (except summer - daughter only is in school 1/2 time). She is looking for day care for "his" week, and expects him to pay 100% of it. As custodial parent, she was allowed to work 16 hrs/wk to take care of the kids. As custodial parent, can she do this or is she expected to care for them?
1 ANSWER
4 Awards
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.
Answered on Jun 30th, 2015 at 7:33 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com