Wisconsin Child Support Questions & Answers

Q: My childs father is filing bankruptcy. How does it affect me?

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Answered on Dec 29, 2018
Timothy Denison's answer
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.

Q: I pay 217 biweekly for child support and now have another garnishment on my wages how much can they with hold?

1 Answer | Asked in Tax Law and Child Support for Wisconsin on
Answered on Nov 13, 2018
Linda Simmons Campbell's answer
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

Q: Chapter 13 and child support modifications.

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Answered on Oct 23, 2018
Timothy Denison's answer
No. You can move to modify child support anytime.

Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Answered on Sep 12, 2018
T. J. Jesky's answer
Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed

1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Wisconsin on
Answered on Apr 4, 2018
Richard Sternberg's answer
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 jurisdiction will be used in reaching a judgment, and the country where the non-custodial parent lives will enforce it. Sometimes.

Q: If a divorce is in one state (Minnesota) and she moves to another (Wisconsin), which state can enforce the child support

1 Answer | Asked in Child Support for Wisconsin on
Answered on Nov 28, 2017
Terrence H Thorgaard's answer
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 the grounds that the case has already been decided. If she moves to modify the original decree (avenue 1) in Minnesota, he might also successfully oppose the motion on other grounds. For what might be...

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

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Sep 18, 2017
Stefan Otterson's answer
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 above the $50 minimum. You'll need to ask the payor for a current tax return and paystubs, and then do the math. You can ask for recalculation if the difference is more than 15%.

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.

1 Answer | Asked in Child Support for Wisconsin on
Answered on Aug 25, 2017
Michael Edwards' answer
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 to a parent or legal guardian of the children at issue.

Q: What paperwork needs to filed to change placement and child support for a child? Both parties are in agreement.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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 will not go into effect until the family court commissioner or judge have signed off on the document.

Q: What happens if neither party show up for child support

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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.

Q: My ex was ordered to pay child support. I just graduated and started working. He has quit showing up for his job.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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 into that decision as well. I would honestly need to know more information about your situation to give you a more specific answer though.

Q: Will child support increase if I get a new job with higher compensation?

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
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 support amount increase due to the fact that you are now making more money.

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.

1 Answer | Asked in Child Support for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
Your daughter getting her last name changed should not have any effect on the payment of child support.

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

1 Answer | Asked in Child Support for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
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.

Q: I had a child support case that's been closed, how do I go about getting it reopened?

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
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 going to want to file a contempt motion for nonpayment.

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?

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Answered on Jun 26, 2017
Michael Edwards' answer
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 any of the parties, however, the percentage standard is the state's default child support calculation. There are also different formulas that can be used for the calculation based on the context of...

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

1 Answer | Asked in Child Support and Child Custody for Wisconsin on
Answered on May 30, 2017
Sallie Leigh Rubenzer's answer
No, the court will base child support based on the percentage of placement as set forth in the current order.

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.