West Bend, WI asked in Child Custody, Child Support and Divorce for Wisconsin

Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will a Wisconsin judge allow us to change child support in a divorce agreement or would he have to take me back to court to change support?

2 Lawyer Answers
Jane E. Probst
Jane E. Probst
PREMIUM
Answered
  • Divorce Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

David N. Iancu
David N. Iancu
PREMIUM
Answered
  • Divorce Lawyer
  • Milwaukee, WI
  • Licensed in Wisconsin

A: It's true that you can file stipulations to change child support after the divorce is finalized, but be advised that a judge will not necessarily automatically approve those stipulations. The agreement must still comport with Wisconsin law and make sense to the judge. You may want to consult with a lawyer to discuss whether whatever the two of you agree to in the future is likely to be approved by the judge before you submit it.

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