He is taking me to court to reduce his child support amount and claim the kids on his taxe return. His child support is not consistent. Sometimes no payments for two months. I been doing everything for our children since he been absent for over 3 years. He blocked my number I couldn't get in... Read more »
answered on Nov 20, 2022
You can file your own Motion to modify the Order in which he is not entitled to any of the children as tax exemptions unless he is current in his child support obligation each year by the last day of the year. Also, if he does not have a valid reason to have his child support to be reduced, you... Read more »
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 »
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.
no child support now. similar incomes. joint custody and placement.
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 »
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 »
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 »
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.
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.
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 »
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 »
Can the judge decide to increase instead of decrease payment amounts during a child support appeal in Wisconsin?
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 »
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.
answered on Feb 23, 2022
No. The first children born with a support order take priority.
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?
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.
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 »
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 »
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 »
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.
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.
My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.
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 »
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 »
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 »
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.
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.
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.
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 »
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 »
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 »
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 »
He receives child support for both children.
answered on Feb 4, 2021
You need to file a Motion for Modification of Custody and Placement.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
