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Wisconsin Child Support Questions & Answers
0 Answers | Asked in Child Support for Wisconsin on
Q: I owe 8 grand in back child support payments. I have the means to pay that in whole but was told by child support no

A child support worker told me I was not allowed to pay my back child support in a lump sum (Wisconsin)

0 Answers | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I would like to move to a different state after I give birth and my child’s father is making it difficult. Can you help?

Before I got pregnant the goal was to move now he wants to stay here and is making it a issue for me to leave. He wants me to leave our kid behind with me and that is truly something I am not comfortable with. Is there any way around that?

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 31, 2022

You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
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.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 23, 2022

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... Read more »

1 Answer | Asked in Child Support and Divorce for Wisconsin on
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... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 10, 2022

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... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: i recently got intouch with my birth father and he says he paid child support to the state but my mother and i got none

How can we obtain this or can we even now that im 42. i was born in wisconsin and he resides there as well if that helps.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 18, 2022

Your mother would need to contact Child Support Enforcement in the County in which it was paid to obtain a payment history.

1 Answer | Asked in Child Support for Wisconsin on
Q: Wisconsin. Wife is dyslexic and missed child support hearing yesterday. Court gave ex a free pass. What can she do?

THe ex husband has been able to afford killer attorneys and he has used his military service to skate on responsibilities. She was prepared for this hearing with inargualble facts about why he should be paying child support, he makes plenty of money and we have the kids 10 months of the year. The... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 11, 2022

If she missed a hearing, she is found to be in default, thus allowing the husband to obtain the relief he seeks or dismissing her motion. If the Commissioner entered the Order, a Motion for De Novo Review can be filed as long as it is filed within the time limits in this county pursuant to Local... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: In Wisconsin can child support payments increase instead of decrease from a judge during a child support appeal?

Can the judge decide to increase instead of decrease payment amounts during a child support appeal in Wisconsin?

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 9, 2022

Are you talking about a Motion for De Novo Review? If so, if there is a request for modification, the modification can be either a decrease or an increase. If this is to go to the Court of Appeals, the decision is remanded to the trial Court for determination if the prior trial court decision was... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Can my child support amount be lowered?

I pay child support for my first child, 50/50 joint custody, but I have a new baby by a different mother, and she has a new baby by a different father.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 23, 2022

No. The first children born with a support order take priority.

1 Answer | Asked in Child Support for Wisconsin on
Q: My husband is paying child support for his 19 yo daughter that lives in Puerto Rico. Her mother is receiving the pymts.

My daughter is married, pregnant and she does not live with her mother. Is there a way to stop the payments since my daughter is an independent adult?

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 11, 2021

It depends on the State in which the child support Order was entered. Each State has different laws as to when a child is deemed emancipated. In Wisconsin, if she is married and pregnant, she is deemed emancipated. He would need to file a Motion to terminate the maintenance.

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I am searching for guidance and possible representation regarding my current child support situation.

My Ex has 3 kids under age 18; 1 from previous ex-wife, and 2 with me.

1st kid-he pays child support, order is through Walworth Co. Court.

We then had our child together; [we are unmarried] order was placed for him to pay support to me -also through Walworth Co. We then moved into... Read more »

Michael Edwards
Michael Edwards
answered on Oct 7, 2021

If you are a aware that father is living with a convicted felon, you are certainly justified to be concerned about your kids being in that environment. Revisiting placement could be an option for you depending on what the current orders are set at. For child support, I would need some additional... Read more »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Sep 6, 2021

The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: My son is now living with me full time. How do I go about asking for more child support. We have a 50/50 joint custody

My ex-husband does not want my 16 year old son living with him anymore. I have had him full time for almost 2 years. I need more child support to bridge the gap. How do I go about that in Wisconsin.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 1, 2021

You should file a Motion for Modification of Physical Placement of your son since he has been residing with you so long with your ex's consent. At the same time, you can request an Order for child support based upon these changed circumstances.

1 Answer | Asked in Child Support for Wisconsin on
Q: My oldest son turned 18 and is living with me full time. How do I get my child support reduced?

My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 19, 2021

If your son is still in high school, you can modify the child support through the end of the school year until he graduates from high school or attains the age of 19, if still in high school. You can not retroactively change child support prior to the date of filing and serving your motion, but... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 8, 2021

If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Can my ex who is an attorney, represent himself in the state of WI? He lives in Illinois.
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 4, 2021

Normally, an attorney must also be licensed to practice law in the State of Wisconsin. However, he could represent himself pro se, meaning unrepresented by counsel, if he so chooses.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: If behind on child support can they claim children on taxes their ordered year?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 17, 2021

It depends on the language in the order. It would specifically need to state that they need to be substantially current in the order if they are to lose the deduction for that calendar year.

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1 Answer | Asked in Child Support for Wisconsin on
Q: 50 50 custody of 3 children. One is in a different county. Due to this i have to pay 17% for 2 diff kids. Is that right?

Just curious if this is the way it should be. Was told that i still pay so much in child support as well is because i make more than thr othher parent.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 16, 2021

It appears that you are a serial child support payor because you have children with two different families. The older children take priority in the child support orders. Whatever order there is for the oldest, that amount is subtracted from your gross income for calculation of child support for... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Does employer tuition reimbursement count towards child support income?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 11, 2021

Tuition reimbursement is not specifically addressed as to whether it is considered as income available for support pursuant to DCF 150 guidelines. However, it could be argued that this is an expense reimbursement, rather than income, since it is to be used for a specified purpose that would... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: How am I responsible for my child’s medical?

I haven’t seen my son in 2 years because of a retraining order and was told today that my new job received a letter stating I have to cover my sons medical insurance. So now I have to pay child support for a child I don’t see and pay for his medical when his mom already get MA how is that... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 10, 2021

The restraining order does not affect any prior support or medical bill responsibilities set forth in another Order. However, unless the restraining order is against the child, and not just the other parent, you still have placement rights to the child. You should consult with an experienced... Read more »

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