Our Brookfield divorce lawyers can help with the complications surrounding child support payments and custody agreements. We offer fixed fee rates and payment plans so cost is never an issue.
Child support payments are meant to cover the basic living costs of the child. This may include food, clothing, housing utilities, transportation, personal care and health insurance. Variable costs in addition to the child support order may include child care, tuition, special needs of the child or any other activities that have a considerable cost associated with them. There are 2 ways Child Support payments are distributed:
Direct Deposit: sends payments directly to the checking or savings account that you provide.
EPPIC MasterCard: acts like an ATM card or Bankcard, which will be sent to you if there is no DIrect Deposit account set up.
Brookfield will usually have the parent the child does not live with pay the support and the parent the child actively lives with receives the support. The support guidelines explain the amount each parent owes.
In Brookfield, the income guidelines follow the Wisconsin State guidelines which are calculated as:
Take a look at our easy-to-use child support calculator, or the Child Support Conversion Table to help estimate your monthly child support obligation.
Waukesha county follows the special support guidelines from Wisconsin State guidelines which include parents who:
Share the placement of their children, meaning the child is with the parent for at least 25% of the time.
Have split placement of the children, meaning one parent has one child and the other parent has another.
Support more than one family which is also called a serial family.
Have either high or low incomes.
Sources of income in Brookfield follow the state of Wisconsin guidelines. These income sources may include the following:
Having a child support order legally changed is called a modification in Wisconsin. A review from the court is the only way a support order can be modified. This decision can either increase or decrease the monthly payments, along with potentially adding or modifying the orders medical support. To obtain these forms, please visit the Wisconsin Court Systems Forms.
3 questions are taken into consideration during a review:
Does the payment amount correspond with the Percentage of Income Guidelines?
Does the support order include medical support? This could include:
The child is already enrolled in a health care plan by one of the parents or enrolling them into a healthcare plan.
Paying the health care insurance premiums that are provided by the other parent’s employer
Paying all costs or bills associated with medical and dental
Have any circumstances changed substantially since the last order?
You will need to request a modification to your order from the court. This review is the only way that a child support order can be modified. This decision can increase or decrease your monthly payments, along with the option to add or modify the order to include medical support. To get the order modification forms, please visit the Wisconsin Court Systems Forms.
A review of an order to see if it needs to be updated will be completed if:
The order hasn’t been reviewed in the last 3 years AND one of the parents has been receiving cash benefits for the children.
A parent requests a review AND there it hasn’t been reviewed in the past 3 years.
If a substantial change in circumstances occurs, the local child support agency may do a review more frequently than every 3 years. In this case, a written request will be made to the agency.
Examples of substantial changes are changing the placement of the child, a parent has a large income change, the paying parent is in jail/prison.
A review is ordered by the court.
An attorney is hired by one of the parents to request a review from the court
A request is made by one of the parents using a pro se form.
An order WOULD NOT have a review done if:
The parent has no legal duty in providing support for the child.
All the children are either emancipated, or the paying parent ended their rights.
Good Cause was found or pending for one of the parents in W-2
The parent with Good Cause can request a review
A different state also have control over the order
The parent’s location is unknown
The paying parent reduced their income voluntarily
Brookfield has a few ways of adjusting child support payments by following guidelines for Wisconsin, which are:
A Stipulation Judgement Form will have to be filed with their local County Clerk of Court’s office with no filing fee if both parents agree on the new payment amount.
One of the parents files a motion with the pro se form to modify the order with the local County Clerk of Court’s office. There is a $30 filing fee since a court date is required if both parents do not agree on the new payment amount.
A lawyer is hired by one of the parents to file a motion on their behalf.
A request can be put in with the local child support agency with no fee associated with it.
Who can I get help from adjusting my child support order that does not involve going to court?
You can contact one of our family law attorneys to help prepare an agreement to submit to the court. If an agreement cannot be reached between both parents, our attorneys can also help with mediation to reach an agreement.
If I believe the other parent’s income has changed, can I set a court order or adjust my child support agreement?
Requesting a modification from the court can have a different outcome than expected. Be sure to have all the facts on your case, or contact one of our divorce lawyers near Brookfield before making this request.
Is there anything I can do about my child support order taking so long to process?
The Brookfield child support agency has many cases they are involved in. To process all the cases fairly, they can take some time to fully process. You may file your own motion with the court to attempt to speed up your case. If you have any questions on this process, contact one of our attorneys near Waukesha County.
Waukesha county’s child support agency monitors all cases ensuring that court orders are being followed individually. Under federal guidelines, the agency is required to take action if the payer is one or more months behind. Income withholding is the first action taken on the paying parent by the court. Interest will begin to incur as the payments are continually overdue, align with the income withholding. As the payments are past due, income withholding will increase as well. Some other actions include but are not limited to suspending or revoking drivers, professional, occupational and recreational licenses. Once these steps have been taken, they can decide what other actions need to be taken.
If the overdue balance reaches a certain level, legal actions will be taken on the paying parent. These legal actions can include intercepting tax refunds or imposing liens on property. Federal enforcement actions can include the denial of loans, grants or passports. All past due payments will be sent to credit bureaus. Take a look at the Wisconsin State Legislatures Child Support Administrative Enforcement for more information on legal actions that are taken when failing to pay child support.
If I get called to active duty, what will happen to my child support order?
If your child support payments are typically withheld from your civilian paycheck then it will need to be withheld from your military pay as well. Your status will need to be updated with the Brookfield child support agency.
What can I do if the other parent won’t let me see my children?
The court has the only authority to change a custody agreement. Contact one of our Divorce attorneys to help change the order that you currently have.
Can child support agencies arrest the other parent?
No, child support agencies cannot arrest the other parent. A warrant can be sent to the court for a signature, which if signed and filed will be sent to the Sheriff’s office who can arrest the other parent.
Is there anything I can do if I didn’t agree with the last court decision?
The Brookfield child support agency cannot change an order after a court rules a case. An appeal can be sent to change this decision with one of our Divorce Attorneys at another court date, or you can talk to your caseworker about your other options.
A stipulation is a legal agreement that will reduce or eliminate any past due child support owed. This will need to be filed between the two parents and then be approved by the court. This agreement does not change the amount of support that is owed to the state.
In Brookfield, most child support cases will end when the child turns 18 years old. If they are still attending high school or pursuing an equivalent course after they turn 18, child support may continue until they turn 19. If the child is 18 and NOT pursuing their high school education or equivalent, the child support payments will end. All past-due child support payments, commonly known as arrears, are enforceable for up to 20 years AFTER the child turns 18 years of age. The parents will both receive an emancipation letter 90 days before the child turns 18 years old. The order will then end once the youngest child turns 18 unless it can be proved they are still in school.
If the child is mentally or physically disabled and is unable to support themselves, the age of majority will be extended. The court generally defines the term disability as being unable to support or take care of oneself by earning a living. States can differ on the adult disabled child’s support being included in the support guidelines or by the needs of the child as compared to the parent’s ability to provide.
There are many states that let parents create college support agreements. These can be completed either voluntarily by the parents, or by a court order. It can be in addition to the child support order, or a separate one after the child support order is completed. Every state gives parents the option to add college support funds into their current support agreements.
Is there a fee for Brookfield Child Support Services?
Brookfield does not charge a fee for Child Support Services. There may, however, be a fee for any specialized child support services that are not part of the support guidelines.
How can I start a child support order or request a change to my current order?
The following need to be completed in order to start or change your child support: File the paperwork necessary with the Brookfield County court clerk File a copy with the Brookfield child support agency. Make sure the other parent is served with the new or updated papers.
How can I avoid further enforcement actions?
Ways of avoiding further enforcement actions are: Pay all past due payments in full, then keep up with current payments If you make a job change, ensure that your support is paid on time. If there is any possibility of your paycheck deduction from your employer being delayed, send your payment and payment coupon to the Brookfield child support agency. Start a payment plan with the Brookfield agency for any and all past due payments.
If I lose my job, what will happen to my child support?
Even after the loss of a job, the child support order will continue. The court has the only authority to change an order. If there is a substantial change in income due to this job loss, a request for a change in the amount of support you are paying can be sent in. This will not happen automatically, so be sure to contact one of our divorce attorneys or the Brookfield child support agency to see how to make a change to your support.
What happens when the parent ignores paying child support?
When a parent refuses to pay child support, income withholding will continue at the same rate until all the past-due payments are fully paid. These cases can be enforced up to 20 years AFTER the youngest child turns 18.