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Wisconsin Child Support Questions & Answers
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
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
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
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
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
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
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
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 »

2 Answers | Asked in Child Custody and Child Support for Wisconsin on
Q: (WI) Father still receives child support after abandoning my 14 & 16 year old children for 7 months & going.. What now?

He receives child support for both children.

Jane E. Probst
Jane E. Probst answered on Feb 4, 2021

You need to file a Motion for Modification of Custody and Placement.

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1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I'm having to pay back child support for a child i don't believe is mine and have never gotten a DNA test done.

According to the state of Maine I have no choice. I never slept with the mother or was told I had the kid until she wanted money

Jane E. Probst
Jane E. Probst answered on Dec 24, 2020

If the paternity judgment and child support order were entered in the State of Maine, you would need to consult with an attorney licensed to practice law in that State sine the laws of that State apply.

1 Answer | Asked in Child Support, Gov & Administrative Law, Identity Theft and Criminal Law for Wisconsin on
Q: State vs ex to court for unpaid support for 3 children. He just stole from her EPPIC card

The State is taking my daughter's ex boyfriend to court for unpaid child support for their 3 young children. He owes > 15K.

Daughter just discovered he stole and used her EPPIC card and spent $600 on Bitcoin. (She filed a police report). He stole her identity 18 months ago, along... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 20, 2020

The matter with the credit card is a civil matter, not a child support matter. These are independent actions. The State has filed an action to require him to pay support and arrears. If he has failed to pay for a sufficient length of time and the Child Support Enforcement has run out of options... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
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... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 11, 2020

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.

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1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Can a dad get full custody if the mom has moved out of state without the kids

He has had them the last 8 months

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

If the mother had periods of court ordered placement and has not exercised that placement for that length of time, the father can file a Motion for Modification of Placement pursuant to the "lose it or lose it" provisions of the Wisconsin State Statutes. If he has primary physical... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: In WI. I owe back child support my child is 18 no. Who receives the money now? My child or her mom?
Jane E. Probst
Jane E. Probst answered on Oct 4, 2020

Your question does not provide all the information necessary for a complete response. You may owe child support if you have not yet been adjudicated the father back to the date you are served with the Petition for Adjudication of Paternity or Petition for Orders Upon Acknowledgment of Paternity,... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: What do I do if I’m being refused my children and being threatened with child support?

What do I do if I’m being refused my children and being threatened with child support?, I have no parental rights/custody

David N. Iancu
David N. Iancu answered on Oct 1, 2020

Assuming you are the father and not the mother, if paternity has not been established you will need to do so if you want to gain physical placement rights. There is no child support until paterntoth is established and a request is made for the same through the courts.

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1 Answer | Asked in Child Support for Wisconsin on
Q: Can an ex wife ask the father to sign off on receiving child support if the father moves out of school district?

She pays me child support and we have 50/50 placement, 1 week with her and 1 week with me. Still live within 20 miles of each other but she wants me to sign off on her paying child support because we’re not in same school district. My kids school is only 15 minutes from where I currently live and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

This does not make sense. Child support is not dependent on which school the children attend unless she is paying private school tuition as an offset or you are not going to take your court ordered periods of placement.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Placement has not been done but the father has children 90% of the time. Can he get child support?

Father has a good job and pays health insurance for kids and mother as they are separated not divorced. Mother does not work or take the kids more than 2 days a month

Jane E. Probst
Jane E. Probst answered on Aug 27, 2020

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

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.

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