Wisconsin Court of Appeals denies automatic termination of child support at age of majority.

Wisconsin Court of Appeals denies automatic termination of child support at age of majority.

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 of majority and if not, the accumulated excess payments should be credited in arrears. The Court of Appeals reversed the trial judge, holding that a court cannot refund child support payments that were made after the age of majority, but prior to a motion to modify support. Child support orders do not automatically end when a child reaches majority. The lesson for parents who pay child support: be sure to file a motion to end your payments when your child is approaching age 18.

Published by David Kowalski

Attorney David Kowalski is the founding owner of Kowalski, Wilson & Vang, LLC, handling all family law cases from divorce, paternity, child custody, termination of parental rights, restraining orders, and guardianships.

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