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My ex wife is coming at me for more child support. She is currently married and doesn't have to work because her husband makes enough money for her to stay home. He makes twice as much as I do. I as currently struggling to pay bills and keep a roof over my head as well as paying back taxes for the past few years. She currently has full custody but I am still able to see them every other weekend. I am also trying to afford health insurance. I also have another child with my girlfriend who I currently live with. If she comes at me for 25% of my paycheck I won't be able to afford rent or my car. Is this possible for her to do?
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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.
Answered on May 25th, 2016 at 4:55 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