CHILD SUPPORT
What is child support?
As a non-custodial parent, you may be ordered by the court to pay a reasonable amount each month for child support to fulfill your financial obligation and duty to your minor child(ren). The amount of child support is usually based on statutory guidelines, which in Wisconsin are as follows: 17% of gross income for one child, 25% of gross income for two children, 29% of gross income for three children, 31% of gross income for four children and 34% of gross income for five or more children. Gross income, in this case, includes income from all sources, including but not limited to overtime wages, second job income, bonuses and dividend income.
How is the amount of child support determined?
According to recent federal law changes, a Wisconsin court cannot issue a straight percentage order regarding child support. The child support order must contain an order for a fixed dollar amount to be paid each month. This fixed dollar amount is customarily determined by using the statutory percentage guidelines. To determine the proper fixed dollar amount, the court will most likely require current employment, wage and income tax information from the payor. Wisconsin statutes also provide the court with factors to consider when setting the proper amount of child support, however, consideration of these factors is completely within the discretion of the court.
How long does the child support obligation continue?
The payor's child support obligation continues until the youngest child reaches the age of majority or is earlier emancipated, or until the youngest child has reached the age of nineteen if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. However, in the case of a support obligation for two or more children, the monthly child support obligation should be adjusted as each child reaches the age of majority.
Under what circumstances can a child support order by changed or modified?
A revision of a child support order may be made only upon a finding of a substantial
change in circumstances. A substantial change in circumstances may be interpreted to be a gain or loss of employment on the part of the payor, a change in the placement situation of the children or a substantial change in the financial circumstances of the parties. This list is certainly not inclusive. The Wisconsin statutes also create a rebuttable presumption of a substantial change of circumstances if 33 months have passed since the date of entry of the last child support order. To request a review or revision of a child support order, a formal motion before the court is usually required, unless the parties agree by stipulation to allow for the review and/or revision.
