QUESTION

My ex and I have split custody of our 2 girls. No child support was issued. It has been 6 years and now she wants child support. Can She do that?

Asked on Feb 22nd, 2017 on Family Law - Wisconsin
More details to this question:
We live in different states. After 6 years of not having a support order she wants to petition the court to have one placed because I make more money now. Is she able to do that even though I have sole custody of one child and she has sole legal custody of the other child?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
    If there is a request for child support, the court will address the issue. Under WI law, there is a presumption that after 33 months from the entry of the last order, that there has been a significant and substantial change in circumstances sufficient to modify child support. The presumption can be overcome by evidence that no change has occurred. Since you are past the 33 months, this is the law that you are facing, that a significant and substatnail change has occurred since the entry of the last court orders sufficient to go from a hold open on child support, to you (or her) paying child support. Since you have a unique situation if I understand it correctly, of each of you having one child, her income will also need to be considered in the calculations. She needs to work as well and help support the children, not just you. You refer to "sole custody" but that means decision making. I am assuming you mean "placement."  If she has both chiildren in her care as primary placement, only your income would be considered. A key question I would have is how much has your income gone up over the last 6 years since the last orders were set on your case?
Answered on Feb 23rd, 2017 at 5:25 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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