QUESTION

my ex wife is trying for disability why should my child support increase?

Asked on Mar 10th, 2017 on Divorce - Wisconsin
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
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In order for either of you to seek a change in child support, you must show the court that there has been a significant and substantial change in the finacnial circumstances of the parties since the entry of the last court order. There is a presumption under WI law that if 33 months have gone since orders were last set, that there is a substantial change. One would need to know if you have a shared placement arrangement for your children or if your ex has primary placement. If she has primary placement, her income is not a factor in the setting of child support. You are required to pay the support guidelines under WI law and DCF guidelines. If you have a shared or equal placement arrangement, there is a different formula for calculating support that consider both of your incomes and the percentage of time you both spend with the children. if it is a shared placement arrangment, her going on disability could be a substantial factor in modifying the current child support order. Also, under federal law, if she goes on social security disability, your children would be allocated a portion of the disability money for support. At least, that is my understanding.
Answered on Mar 11th, 2017 at 8:41 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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