In order to calculate the support obligation, the court must first determine a parent’s monthly income available for support. According to Administrative Rule DCF 150, the monthly income available for support is based on the parent’s gross monthly income, from all sources including: wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses, worker’s compensation […]
Divorce is not only hard on you, but it is also hard on your children. To ensure maximal wellbeing of your children post-divorce, it is important to employ a successful co-parenting strategy. Successful co-parenting will ensure your child feels secure, and gives them a healthy example to follow. View a wealth of information about co-parenting […]
In Zimmer v. Zimmer, the Court of Appeals addressed whether a motion to modify child support for a child over the age of majority can be retroactive when a parent fails to bring a timely motion to end support. The primary argument was that support obligations should automatically end when a child reaches the age […]
How is child support calculated in Wisconsin? When it comes to the percentage of a parent’s gross income that will contribute to child support payments, the state’s standard formula is as follows: 1 child 17% 2 children 25% 3 children 29% 4 children 31% 5 or more 34% There are several guidelines that may be […]
If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]
When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father […]
Wisconsin law does not require parents to pay child support after a child graduates high school. This is true even if the child is disabled, in college, or otherwise cannot care for himself. Once a child graduates high school, he is legally on is own. The family court has no authority to require parents to […]
CAN I WAIVE CHILD SUPPORT? No. Wisconsin child support is paid for the benefit of the child. Parents cannot waive support on the child’s behalf. Parents’ financial situations change over time, as do a child’s needs. Expenses for a 6-year old are much different than for a teen. The law preventing a permanent waiver of child […]
Wisconsin child support is intended for the child’s benefit, though it is paid to a parent. Therefore, Wisconsin law does not allow parents to waive support on the child’s behalf. Even if the parents agree, a permanent waiver is not permitted. The State of Wisconsin and the judge want to ensure that both parents have a fair ability to […]
In Eisinger v. Pachacek, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=105211, the Wisconsin Court of Appeals ruled that a change in one parent’s income is not, by itself, a “substantial change in circumstances” necessary to modify child support. The Court found that, although the mother’s income had increased by $3,000 per month, neither the father’s (the payer’s) income nor the child’s needs were […]
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