Phones answered 24/7 414-383-6700

Child Support

Home/Tag:Child Support

Can You Withhold Child Support in Wisconsin?

By Attorney Carlos Gamino

If you’re like many people, you know someone who has withheld child support from an ex in the past – maybe the ex wouldn’t let your friend see his or her kids, or perhaps the payer didn’t feel like the recipient was doing the right thing with the money – but is it ever okay (or even legal) to withhold child support in the state of Wisconsin? Here’s what you need to know.

When is it Okay to Withhold Child Support in Wisconsin?

The absolute only time it’s okay to withhold child support in Wisconsin is when you have a court order stating that you don’t have to pay it. If you fail to pay, you will face serious legal consequences.

The Penalties for Withholding Child Support in Wisconsin

If you withhold child support despite having a court order that says you’re supposed to pay it, the child support agency can ask the court to hold a contempt hearing. During your contempt hearing, the court will determine whether you could have paid child support but chose not to. If the judge in your case finds you guilty of being able to pay but refusing, he or she can hold you in contempt of court. That means you’re guilty of the crime of failing to follow a court order – and you could go to jail over it.

However, the judge doesn’t have to send you to jail; he or she may set “purge conditions,” which are conditions you can meet to avoid going to jail. Usually, in cases like these, the purge conditions involve paying an amount of money toward your past-due child support amount.

Your child’s other parent – the one who is supposed to receive child support – may decide to file a complaint with the district attorney. (The child support agency may also refer case to the district attorney.) The district attorney will decide whether or not to take the case, and you could be charged with the crime of criminal nonsupport.

Do You Need to Talk to an Attorney About Child Support?

If you’re experiencing issues with child support – either receiving it or paying it – we may be able to help you. Call our office at 414-383-6700 now to schedule your consultation. We’ll be happy to answer your questions and point you in the right direction.

Carlos Gamino

By |2021-08-08T14:31:59-05:00June 13th, 2021|Family Law|Comments Off on Can You Withhold Child Support in Wisconsin?

Do I Have to Prove Paternity to Get Child Support in Wisconsin?

Do I Have to Prove Paternity to Get Child Support in Wisconsin - Carlos Gamino

By Carlos Gamino

Being a parent is hard – and it becomes even harder when you and your children’s other parent are splitting up. Whether you’re divorcing or breaking off a dating relationship, it’s important that you know Wisconsin holds both parents responsible for the care and well-being of children.

But does that mean you have to prove paternity to get child support in Wisconsin? Sometimes. Here’s what you need to know.

Related: Wisconsin child support laws for fathers

Do I Have to Prove Paternity to Get Child Support in Wisconsin?

If you and your child’s other parent were married at the time your child was born, the court assumes paternity. That means the court automatically considers your spouse to be the child’s father. You can ask the judge in your case to order the father to pay child support, even if your child and your ex have never participated in a paternity test.

However, if you and your child’s other parent were not married when your little one was born, you’ll have to establish paternity in order for the court. You can do that in one of two ways:

  • You can ask your child’s father to sign a statement that affirms that he’s the child’s biological father
  • You can ask the court to establish paternity by filing a petition with the county where the child lives.

Signing the statement is the simplest way to establish paternity. However, not all children’s fathers agree – and sometimes people don’t want to sign a statement acknowledging paternity. If that happens, you have the option to ask a judge to establish paternity.

Related: Establishing paternity in Wisconsin

Filing a Petition to Establish Paternity

If you file a petition to establish paternity, the judge in your case will fit you in on his or her calendar. You’ll all go to a hearing. Your child’s father has the right to ask for genetic testing.

Related: Guide to child support in Wisconsin

Do You Need to Talk to a Lawyer About Paternity and Child Support?

If you’re not sure whether you should go to court or how you should handle your ex when it comes to child support, we’re here to help. Call us at 414-383-6700 now to talk to a caring, knowledgeable professional who can give you the guidance you need.

Carlos Gamino

By |2021-07-17T10:21:48-05:00September 28th, 2020|Family Law|Comments Off on Do I Have to Prove Paternity to Get Child Support in Wisconsin?

Wisconsin Child Support Laws for Fathers

By Attorney Carlos Gamino

Wisconsin Child Support Laws for Fathers - Carlos Gamino

Wisconsin child support laws – for fathers, mothers and children – require parents to contribute financially to a child’s upbringing. Once paternity has been established, a man is a child’s legal parent. That means he has obligations to that child, including those revolving around child support, custody and visitation.

Wisconsin Child Support Laws for Fathers

A parent who doesn’t have primary physical placement is typically the one who pays child support to the other parent. (Technically, both parents are responsible for providing child support – it’s just that the court presumes that the parent living with the children already bears most of the expenses.)

If the father is the parent who lives with the children most of the time, he’ll most likely be the one receiving child support from the other parent. However, if the mother is the parent who lives with the children most of the time, she’ll probably be the one who receives child support.

Related: Father’s rights in a Wisconsin divorce

How Do Wisconsin Child Support Laws Work?

In Wisconsin, a father’s rights aren’t any more important than a mother’s rights are – and even more importantly, they’re not more important than a child’s rights are.

Child support is a two-parent responsibility, and the child is the beneficiary. The courts can order one or both parents to pay reasonable child support.

The courts determine how much child support should change hands by gauging each parent’s income and a few other factors (such as which parent has primary physical custody of the child). There are actually several different guidelines judges use to determine how much child support a person has to pay – but the standard guideline typically follows this formula (although yours will likely be at least a little different):

  • 17 percent for one child
  • 25 percent for two children
  • 29 percent for three children
  • 31 percent for four children
  • 34 percent for five or more children

The above guideline is for parents that don’t fall into one of these categories:

  • High-income payers
  • Low-income payers
  • Serial family parents who support more than one family
  • Split-placement parents
  • Shared-placement parents in which each parent has the child at least 25 percent of the time
  • Shared-placement and split-placement combination parents

Your best bet is to talk to a lawyer about Wisconsin child support laws for fathers if you’re not sure how your case will work out.

Related: Can I get out of paying child support?

Do You Need to Talk to a Lawyer About Wisconsin Child Support Laws for Fathers?

If you’d like to talk to an attorney about how Wisconsin child support laws will affect your case, call us at 414-383-6700 now. We’ll be happy to answer your questions and help you figure out the best path moving forward.

Carlos Gamino

By |2021-07-17T12:01:26-05:00May 18th, 2020|Family Law|Comments Off on Wisconsin Child Support Laws for Fathers

Is Child Support Mandatory in Wisconsin?

Is Child Support Mandatory in Wisconsin – Carlos Gamino

By Carlos Gamino

Child support is mandatory for divorced parents (or parents who are not together) in Wisconsin. The state operates on the principle that child support is a two-parent responsibility, though, so it doesn’t always work out the way people think it will.

Here’s what you need to know.

Child Support as a Two-Parent Responsibility

Both parents are legally required to financially support their children in the state of Wisconsin. The courts can order one or both parents to pay child support, provided that it’s reasonable and necessary.

In most cases, the parent who has the child less than 50 percent of the time is the one who has to make child support payments. (There are exceptions to every rule, though, and your Milwaukee divorce attorney can help you figure out what’s going to happen in your case.)

How is Child Support Determined?

Wisconsin has specific child support guidelines that govern how much money one parent has to pay the other for child support. However, judges can deviate from the guidelines on a case-by-case basis.

Typically, child support payments are based on the paying parent’s income. Even if the parent who’s responsible for paying doesn’t have a job, he or she is still accountable for making payments.

For the most part, when the paying parent makes between $1,350 and $7,000 per month, he or she will owe:

  • 17 percent of income for 1 child
  • 25 percent of income for 2 children
  • 29 percent of income for 3 children
  • 31 percent of income for 4 children
  • 34 percent of income for 5 or more children

When the paying parent makes less than $1,350 per month, the courts use what’s called the low-income payer table, which ranges between 11.34 percent of the parent’s income to 22.35 percent of the parent’s income.

Do You Need to Talk to a Milwaukee Divorce Lawyer?

If you’re a parent who’s divorcing in Milwaukee or a nearby city, we may be able to help you. Call us at 414-383-6700 for a free divorce case review, where you’ll be welcome to ask us all your questions about child support and other divorce-related issues.

Carlos Gamino

By |2021-07-17T14:19:39-05:00November 27th, 2019|Family Law|Comments Off on Is Child Support Mandatory in Wisconsin?

Guide to Child Support in Wisconsin

Guide to Child Support in Wisconsin - Carlos Gamino

By Carlos Gamino

When parents split up – provided that their kids are still minors – one typically has to pay the other child support. The state has specific guidelines it uses to set child support amounts, which account for each parent’s income, how much time the kids spend with each parent, and whether either parent is supporting other children as well.

Both parents are responsible for supporting their children. However, the payments usually go to the kids’ primary caregiver because the state accounts for what he or she is already contributing. Your Milwaukee divorce attorney can give you case-specific advice, but here’s a general overview.

Wisconsin’s Child Support Guidelines

Based on Wisconsin child support guidelines, which apply to most families (although there are exceptions), the paying parent’s income determines the amount he or she will pay. The guidelines say that the paying parent must contribute the following percentages of his or her income:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • 34% for five or more children

There is a low-income payer table for parents who make under a certain amount of money each month, as well as a high-income payer table for parents who make over a certain amount.

The court has a little leeway in ordering child support. The main idea is that the child support must be fair to both parents and the children involved in the case – and your judge may make adjustments based on several factors. If both parents share placement of the children and each has the child at least 25 percent of the time, for example, or if one parent has to support more than one family, the court may adjust the amount of child support that changes hands.

Enforcing Child Support

When a judge orders child support, it’s a legally binding order – the paying parent must pay it or face consequences. Wisconsin’s child support agencies enforce child support payments by:

  • Taking tax refunds
  • Preventing the parent who owes from getting a passport or financial assistance
  • Placing a lien against the owing parent’s property
  • Suspending the owing parent’s driver’s license

Related: Can you withhold child support if your ex won’t let you see your kids?

Are You a Parent Who’s Getting a Divorce?

If you’re a parent who’s considering divorce, or if your spouse has already filed, we can help you. Call us at 414-383-6700 right now for a free consultation with a Milwaukee divorce attorney. We’ll answer your questions about child support, placement and other divorce-related issues, and we’ll begin putting together a strategy that gets your family the best possible outcome.

Carlos Gamino

By |2021-07-17T14:23:51-05:00November 27th, 2019|Family Law|Comments Off on Guide to Child Support in Wisconsin

Wisconsin’s New Child Support Guidelines

Wisconsin’s New Child Support Guidelines - Carlos Gamino

By Carlos Gamino

As of July 1, 2018, Wisconsin’s child support guidelines have changed – and there are new requirements for variable costs in shared placement cases. If you’re going through a divorce, it’s in your best interest to talk to an attorney as soon as possible so you can learn about our state’s child support requirements.

The new requirements allow courts to determine variable costs shared by the parties based on what the parents agree to or, when parents don’t agree, variable costs based on lists each parent submits to the court. Required in those lists: transportation costs related to physical placement.

The Shared-Time Formula

The new guidelines allow courts to apply a shared-time formula in cases where one parent cares for the child for periods of time that the court determines are equivalent to overnights, but aren’t actually overnight visits. This is called equivalent care, and it refers to blocks of time that are six hours or more during which the parent provided the child with a meal, which is considered a half-day. Under the new guidelines, courts can consider two separate half-day blocks as equivalent to an overnight visit.

Children’s Social Security

Under the new guidelines, when one parent is receiving a child’s Social Security benefit, the child support amount should be the greater of the normal percentage standard or the amount of the child’s benefit.

Medical Support Under Wisconsin’s New Child Support Guidelines

The measure of reasonable cost for health insurance increased on July 1, also. Previously, it was 5 percent of each parent’s gross monthly income – but now it’s 10 percent. It’s applied toward the full cost of the policy, not just the incremental cost of adding a child or children.

The Low-Income Formula

The new guidelines allow courts to combine the low-income formula with the other child support forumlas.

The Serial Family Formula

If a parent must also support a child in an intact family, he or she is considered a serial-family payer. In that case, if the court determines that the serial-family payer’s income has been diminished to a level under the low-income formula, the court can mix the serial-family formula with the low-income formula to come up with a fair amount.

Income and Benefits Under the New Guidelines

When the court is establishing a child support order, contributions to pensions or retirement accounts are considered income. The same is true for veterans disability compensation.

Do You Need to Talk to a Lawyer About Child Support?

If you need to talk to an attorney about your child support obligations while you’re going through a divorce, we may be able to help you.

Call us at 414-383-6700 for a consultation with a Milwaukee divorce attorney now.

Carlos Gamino

By |2021-07-23T18:08:42-05:00November 25th, 2019|Family Law|Comments Off on Wisconsin’s New Child Support Guidelines

How Do You Get Child Support in Milwaukee or Wisconsin?

How Do You Get Child Support in Milwaukee - Carlos Gamino

By Carlos Gamino

In the state of Wisconsin, parents are required to support their children – and in the case of divorced parents, that’s ensured through Wisconsin’s child support laws. But how do you get child support, and how much money is it supposed to be? Here’s a quick guide to explain the law and how it’s enforced.

How Do You Get Child Support in Wisconsin?

When you’re splitting up with your ex, your Milwaukee divorce attorney will file paperwork with the court regarding child support. The state of Wisconsin recognizes a child’s legal right to receive support from both parents, and often, the way it works out is that one parent pays the other a sum of money each month. (Typically, the parent who the children live with is the one who receives the money.)

How is Child Support Calculated?

The state has established a guideline for courts to use. It’s called the Percentage of Income Standard, and it considers each parent’s income, how much time the child spends with each parent, and whether the parents are supporting other children at the same time.

It’s important to remember that the courts must use this guideline when determining the amount of child support that’s changing hands, but that judges can deviate from it. There are special guidelines for parents who share placement, split placement between different children, or have low or high incomes.

How Much Does Child Support Cost?

Under the standard guideline, the parent paying child support pays:

  • 17% of income for one child
  • 25% of income for two children
  • 29% of income for three children
  • 31% of income for four children
  • 34% of income for five or more children

How Do You Get Child Support?

Your Milwaukee divorce attorney will file the right paperwork with the court when it comes to child support. The judge in your case will evaluate both parents’ financial information when he or she makes a ruling.

Do You Need to Talk to an Attorney About Child Support?

If you’re a divorcing parent, we may be able to help you. Call us at 414-383-6700 or get in touch with us online to set up a free consultation with a Milwaukee divorce lawyer right now.

Carlos Gamino

By |2021-07-23T18:28:13-05:00November 24th, 2019|Family Law|Comments Off on How Do You Get Child Support in Milwaukee or Wisconsin?

Wisconsin Child Support Laws

Wisconsin Child Support Laws - Carlos Gamino

By Carlos Gamino

When you’re a parent who’s getting a divorce in Wisconsin, you need to know that the court system is built to ensure fairness to every party involved—including your children. Wisconsin child support laws exist so that your kids don’t have to unduly suffer the financial consequences of your divorce. While child support can’t always keep children at the same standard of living they enjoyed during their parents’ marriage, the law is designed to make sure both parents are providing support to their children.

What is Child Support Under Wisconsin Law?

Child support is a financial sum that the court will order you or your soon-to-be ex-spouse to pay. Once the judge has created an official order, it’s legally binding—and each party has to hold up his or her end of the bargain or face legal consequences, which can even include jail time.

How Does the Court Follow Wisconsin Child Support Laws?

When one parent has physical placement with the child less than 25 percent of the time, child support is usually (but not always) based on a percentage of that parent’s pre-tax income. The standard support percentages applied to that parent’s income, which can vary based on the circumstances of each case, are:

  • One child: 17 percent (of the parent’s income who has placement less than 25 percent of the time)
  • Two children: 25 percent
  • Three children: 29 percent
  • Four children: 31 percent
  • Five or more children: 34 percent

The court can adjust these percentages as necessary, and they may change when the paying parent’s or the receiving parent’s circumstances change.

Do You Need to Talk to a Milwaukee Divorce Lawyer About Wisconsin’s Child Support Laws?

If you’re divorcing, you may benefit from the guidance and advice of an experienced divorce attorney in Milwaukee or Waukesha.

Call us at 414-383-6700, or get in touch with us online to tell us about your situation. We’ll start developing a strategy that helps you and your children reach the best possible outcome.

Carlos Gamino

By |2021-07-25T13:25:00-05:00November 24th, 2019|Family Law|Comments Off on Wisconsin Child Support Laws

Fast Facts About Wisconsin Child Support

Fast Facts About Wisconsin Child Support - Milwaukee Divorce Lawyers

By Carlos Gamino

The state of Wisconsin requires both parents to financially contribute to their children’s lives—and in many cases, this happens through child support.

What is Child Support?

Child support, which both parents are responsible for providing, is a financial contribution to the upbringing of a child or children.

A court can order one or both parents to pay child support. In many cases, one parent’s obligation is deducted from the other parent’s obligation, resulting in one sum that changes hands between the two parents each month.

In most cases, the parent with less than 50 percent of physical custody is the one who makes the child support payment. This is done under the assumption that the parent with the majority of physical placement is the one providing most of the financial support for the child or children.

Wisconsin’s Child Support Requirements

Typically, child support payments are based on the paying parent’s income. Even parents who don’t have jobs are required to pay child support, however, because the state considers all earnings from all sources when calculating support. (You can use our Wisconsin child support calculator to get an idea of how much you’ll have to pay or how much you may receive.)

If the child support based on Wisconsin’s guidelines is unfair (either to the parents or to the children involved), the courts can change it. If the court is going to change the amount of child support ordered in any case, it may consider:

  • The child’s best interest
  • The parents’ financial resources
  • Spousal maintenance in the case
  • Each parent’s ability to support themselves
  • Whether a parent supports other children
  • The child’s standard of living
  • The child’s financial resources
  • The cost of childcare
  • The custody agreement between the parents
  • The child’s health, educational needs, and medical needs
  • Tax consequences for each parent
  • The earning capacity of each parent

Will You Get Child Support? Talk to a Milwaukee Divorce Lawyer Today

For many parents, divorce with kids is challenging—partly because of the child support requirements. If you are getting divorced and need help getting child support, call our Wisconsin divorce lawyers at 414-383-6700. If it’s easier, you can also get in touch with us online.

Carlos Gamino

By |2021-07-27T19:38:31-05:00November 23rd, 2019|Family Law|Comments Off on Fast Facts About Wisconsin Child Support

How to Lower Child Support in Wisconsin

How to Lower Child Support in Wisconsin - Milwaukee Child Support Lawyer

By Carlos Gamino

When you’re ordered to pay child support in Wisconsin, the courts only take your current income into account. In some cases, though, circumstances change – and that could mean that you’re no longer able to afford your current child support amount.

If that happens, you need to know how to lower your child support in Wisconsin.

How to Lower Child Support in Wisconsin

You have the right to ask the court to reconsider its decision regarding your child support payments. However, it’s up to you and your attorney to prove that you’ve been through a significant change in circumstances that makes lowering your child support necessary.

Some things that could be considered a substantial change in circumstances include:

  • The loss of a job or other income
  • A medical disability
  • Another major life change

If your income has changed, you can use our Wisconsin child support calculator to determine how much the court may determine that you owe for your kids’ needs.

What to Do While You Are Attempting to Change Your Child Support

You cannot just make the decision to pay less in child support. While you are attempting to change the amount of your child support, you must continue to pay the court-ordered amount as best you can.

You’ll need to document your substantial change in circumstances, so be sure to keep track of your pay stubs, medical bills or other paperwork that can show the court that you have been through a significant change since the original order was entered.

You may be able to reach an agreement with the other parent. In some cases, explaining your circumstances is enough to get the other parent to agree to modify child support payments. However, even if your ex agrees to change the amount of child support that you must pay, you will still need to go to court and have a judge modify your support order.

It is extremely important that you work through the court system, even if you and your ex reach an agreement on your own; if you don’t, you run the risk of your ex making the claim that you have failed to live up to your child support obligations.

By |2021-07-27T21:38:59-05:00November 21st, 2019|Family Law|Comments Off on How to Lower Child Support in Wisconsin

Title

Go to Top