Q: I have a suspended CS order and another claim against my ex got filed in the meantime, how is % figured, as I filed 1st?
When my ex went to prison I suspended the child support order I had against him for our two children. 8 years later he is out of prison and hasn't offered any help and now I find out he has child support taken out of his wages for another child he had. I assume that she is receiving 17%. My question is, once I restart my suspended order, since I filed 9 years ago and the new order just started this year, who will get what percentage?
A: For two children, the flat rate percentage standard in Wisconsin is 25% of the paying parent's gross income. There are a number of different reasons one could argue for the court to deviate from this percentage standard if the court finds that the use of the percentage is unfair to the child or to any of the parties, however, the percentage standard is the state's default child support calculation. There are also different formulas that can be used for the calculation based on the context of the situation. Since he only has children between two different mothers, I don't believe another formula would be applicable.
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