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 […]
A Wisconsin child support modification is possible if there has been a substantial change in circumstances since the most recent order. If you and your child’s other parent cannot agree that the child support order should be changed, the judge will rule whether a substantial change in circumstances has occurred. If the judge finds that there has […]
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 […]
According to Wisconsin rules, a parent earning more than $84,000 pays 20-40% reduced child support. Payers in what would probably be considered the middle class pay the full calculation. Does this make public policy sense? Is the obligation to support a child somehow different for wealthy parents? Under this system, the child of a high-earning parent is deprived of income that he/she could […]
A judge cannot force a parent to work, but can force a parent to look for work in order to pay Wisconsin child support. Usually, this is done by requiring the unemployed parent to submit a certain number of job applications each month, and document those applications to the judge. If the parent refuses to do […]
No. The court keeps the authority to review any agreement on child support made by the parents. Therefore, all agreements must be submitted to the court for approval and formal entry. If parents agree to modify child support payments without submitting a formal order, neither the court nor the county child support agency will recognize […]
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