Manitowoc, WI asked in Family Law and Child Support for Wisconsin

Q: My children's mother just received a large divorce settlement from her next marriage. Can I claim child support on it?

no child support now. similar incomes. joint custody and placement.

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1 Lawyer Answer
Jane E. Probst
Jane E. Probst
  • Brookfield, WI
  • Licensed in Wisconsin

A: No. That is a property division that took place for assets after your marriage. Child support she would be paid from the recent marriage would be for the benefit of the children from that marriage. If she received income producing assets in the property division of the recent divorce, that income can be considered in calculation of child support for your children. If she is not working to her capacity because she is is living off of her property division settlement, the Court can impute to her earning capacity that she could earn if she were required to work.

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