Whether you need to establish a child support order, modify a prior order, or enforce a current order, it is imperative that you retain the services of an experienced child support attorney to work out the details.
Child support can be a significant area of contention between parents. At Heather L. Nelson Law, S.C. we discuss the details of your case to determine the best outcome.
Child support can be very complex as it is depends on each party’s gross income, the number of children in your family, whether you have older children from a prior relationship, the number of overnights each parent has, and whether there is an argument for equivalent care.
What is Income for Child Support Purposes ?
In Wisconsin, child support is calculated on gross income. Gross income includes, but is not limited to wages, overtime, bonuses, and income from all other sources.
How is Child Support Calculated?
In general, Wisconsin uses the following percentage guidelines when calculating support:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children
Deviating from the Percentage Guidelines
In some cases, the Court will deviate from the child support percentage guidelines. In order to deviate, the Court considers the following factors:
• The financial resources of the child
• The financial resources of both parents.
• Maintenance received by either party.
• The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).
• The needs of any person, other than the child, whom either party is legally obligated to support.
• If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.
• The desirability that the custodian remain in the home as a full-time parent.
• The cost of child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
• The award of substantial periods of physical placement to both parents.
• Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.41.
• The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under s. 767.513.
• The child’s educational needs.
• The tax consequences to each party.
• The best interests of the child.
• The earning capacity of each parent, based on each parent’s education, training and work experience and the availability of work in or near the parent’s community.
• Any other factors which the court in each case determines are relevant.
Wis. Stat. sec. 767.511(1m)
How Long Do You Have to Pay Child Support?
Child support shall continue until your child reaches the age of 18, or 19 if your child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.
How Do You Pay Your Child Support?
Generally, child support is paid as an income withholding from your paycheck. If you do not have an income withholding or the income withholding does not pay the entire order, you are responsible for sending a direct payment to the Wisconsin Trust Fund System, located at the Wisconsin Trust Fund System, P.O. Box 74200, Milwaukee, Wisconsin 53274-0200.
Whenever establishing, modifying, or enforcing a child support order, you need experienced representation. Child support can be very complicated and is dependent on many factors. Trust Heather L. Nelson Law, S.C. to advise you and evaluate your unique facts of your child support case. Contact us today to schedule a free consultation.