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Wisconsin Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: I have sole custody / primary placement. Can I move out of WI or will I need to get permission?

We were never married, current orders only state visitation details. Dad is to submit to me monthly drug test results in order to see child..he has been out of jail since March of 2019 has not given me any results or complied with order. Dad spent 3 years in jail on for felony gun and drug charges.... Read more »

David N. Iancu
David N. Iancu answered on Sep 20, 2019

That depends on what your current orders say. The laws on removal are complicated and were recently changed. I strongly recommend seeking advice of counsel before doing anything in this case.

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Q: My childs father is filing bankruptcy. How does it affect me?

We were never married and never had any debt together. He does pay child support and is current. I got a letter in the mail about his bankruptcy and I am not sure why or what it means for me?

Timothy Denison
Timothy Denison answered on Dec 29, 2018

It means nothing to you. He still has to pay support until she is 18 or graduates. Domestic support obligations such as child support are non dischargeable debts in bankruptcy.

1 Answer | Asked in Tax Law and Child Support for Wisconsin on
Q: I pay 217 biweekly for child support and now have another garnishment on my wages how much can they with hold?

i bring home about 720 biweekly after taxes and cjild support

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 13, 2018

If the other garnishment is for federal taxes then you may be eligible to have the amount reduced or have the garnishment stopped completely. It is impossible to tell without doing a financial analysis. Most of us offer a free consultation and can let you know your options.

If

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Q: Chapter 13 and child support modifications.

If a child support payor files for chapter 13 with a 5 year repayment plan. Does this prevent the mother or child support from doing any modifications to increase child support for during that 5 years?

Timothy Denison
Timothy Denison answered on Oct 23, 2018

No. You can move to modify child support anytime.

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

I have no access to bank account because he never added me and put our house only in his name and us emotionally abusive and was at times physical abusive I have no access to funds he took everything away from me would not let me wrk because he didnt want to loose state insurance or food stamps... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 12, 2018

Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Wisconsin on
Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed
Richard Sternberg
Richard Sternberg answered on Apr 4, 2018

I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula of that... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: If a divorce is in one state (Minnesota) and she moves to another (Wisconsin), which state can enforce the child support

Father is in Florida. Child is 18 and still in high school. Back child support is owed and medical bills that are unknown if they have even been paid. Enforcement in the state the mother lives in is trying to sue to increase child support and retro payments. Father has not been provided copies of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 28, 2017

The custodial parent (mother, in this case) in Wisconsin can try one or more of three avenues:

1) move to modify the divorce decree (from Minnesota)

2) sue in the Wisconsin courts; or

3) sue in the Florida courts.

However he could probably oppose avenues 2 & 3 on...
Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: A payor pays support in two seperate case,the child in the first case passed away.Can I ask for an increase? In Wi

Both cases have arrears owed.I am not being greedy but the payor only pays 50.00 on my child's case if and when they do pay!

Stefan Otterson
Stefan Otterson answered on Sep 18, 2017

Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the amount... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: If my son still lives at home with my ex wife and my ex wife files a report that she no longer wants child suport.

My ex filed this report so I will wipe her slate clean of all the Dr bills she owes me, can she have my son come after me for child support ? He is 18 and emancipated but still in school.

Michael Edwards
Michael Edwards answered on Aug 25, 2017

Once your son is 18, you no longer have an obligation to pay your ex-wife child support for that child. Child support needs to be notified of the fact that he has reached 18 years of age. There is no possible way your son to receive child support from you though. Child support is going to be paid... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: What paperwork needs to filed to change placement and child support for a child? Both parties are in agreement.

We were divorced in Racine County

Michael Edwards
Michael Edwards answered on Aug 23, 2017

Since both of you are in agreement with regard to the changing placement and child support, you can file a stipulation with the court highlighting the changes you wish to make. Both of you need to sign this document and you will need to have it notarized as well. However, be aware that the changes... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: What happens if neither party show up for child support
Michael Edwards
Michael Edwards answered on Aug 23, 2017

If neither party shows up for a child support hearing, it is likely the case will be dismissed and the judge will not make a ruling on the issue.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: My ex was ordered to pay child support. I just graduated and started working. He has quit showing up for his job.

Can he fight me for more time w our son? Or try to get child support from me?

Michael Edwards
Michael Edwards answered on Aug 23, 2017

He can fight you all he wants for more placement or child support but that does not necessarily mean he is going to get what he wants. He is not likely going to be able to get child support from you unless he has the majority of the placement time. Of course there are many other factors that play... Read more »

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Will child support increase if I get a new job with higher compensation?

The mother and I are on good terms and have not reviewed or modified the CS order since 2011. We split everything.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Child support will not automatically increase if you get a new job with higher pay. There would be a higher chance of that child support amount increasing if mother decides she wants to go through with a review of the child support or if she files a motion stating she would like to have that... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Will my exhusband still have to pay support if my 14 yr old wants to change her last name? I have soul custody of her.

He has not seen her in 6 years.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Your daughter getting her last name changed should not have any effect on the payment of child support.

1 Answer | Asked in Child Support for Wisconsin on
Q: A women I slept with 14 years ago just had me DNA tested am I going to have to pay her 14 years of child support
Michael Edwards
Michael Edwards answered on Aug 22, 2017

The short answer is no. She cannot bring a claim to make up for child support payments she had not legally been entitled to before getting a court order as a result of a DNA test.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I had a child support case that's been closed, how do I go about getting it reopened?
Michael Edwards
Michael Edwards answered on Aug 22, 2017

It depends on why you want to reopen the case. If you are trying to make a change to the current child support order, you would probably want to file a modification motion. However, if you are trying to notify the court that the paying party is not paying their support obligations then you are... Read more »

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

Michael Edwards
Michael Edwards answered on Jun 26, 2017

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... Read more »

1 Answer | Asked in Child Support and Child Custody for Wisconsin on
Q: If you're going to court for child support will placement of children change of a motion to change it hasn't been filed
Sallie Leigh Rubenzer
Sallie Leigh Rubenzer answered on May 30, 2017

No, the court will base child support based on the percentage of placement as set forth in the current order.

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