Q: Child Support Payments?
My spouse and I are going through a divorce and child support is having me pay to my children's dad as he has open benefits from the government (foodshare). He does not work and is waiting on social security which has been pending for 2 some years. My questions is, if we were to drop the open benefits, will I still have to pay for child support? And or if we drop the benefits now for the final divorce, can he still come back to apply for foodshare and does that automatically take me back to court for child support?
A: If this is a Wisconsin case, I can respond. If it is a Minnesota case, I do not know the law in Minnesot since I am not licensed to practice law in that State. In Wisconsin, the State has an interest in the child support proceedings if a party is receiving State benefits. If the recipient is no longer receiving them, it is up to the parties if they wish to follow the State guidelines for support.
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