Child support payments in Wisconsin are calculated based on the number of children and both parents’ gross monthly income. Contact Divergent Family Law for guidance through even the most complex child support cases. We advocate for you at every step and fight for the settlement you deserve.
Child support in Wisconsin is determined by the income of the parent who does not have primary placement. For a shared placement schedule, both parents’ income is taken into consideration. “Income” in this circumstance refers to all sources, both taxable and untaxable. An untaxable source like a retirement fund 401(k) is considered income under Wisconsin statutes. Other income sources include wages, bonuses, tips, commissions, and interest made on assets such as a house or other properties.
It’s easier to remember what sources are not considered “income”. Public assistance like social security and food stamps are considered when assessing child support. Check out our easy-to-use Wisconsin child support calculator for an estimate of your monthly payments.
If the paying parent’s gross income is between $1,350 and $7,000 each month, use the following information:
A Conversion Table for specific monthly income with child support rates can be found on the Wisconsin Department of Children and Family website.
There are separate tables and rates for low income and high-income earners. If the paying parent is earning less than $1,350 gross each month, see the Low Income Payer Table. For payers making over $7,000 per month, check out the High Income Payer document.
Of course, there are exceptions to these guidelines since every situation is different. If you have a complex case, schedule a free consultation with one of our experienced attorneys to discuss your options.
Child support is a mechanism to ensure children receive necessary financial support from both parents. Child support can get complicated, and there are several commonly believed misconceptions surrounding the process, terms and how it is carried out. Divergent Family Law wants to shed light on the realities of Wisconsin child support laws.
Child support is not a punishment for the non-custodial parent. Child support aims to provide financial stability for the child and ensure they have access to basic necessities, education, and healthcare. It is not meant to penalize one parent over the other; rather, it is a legal and financial responsibility shared by both parents to contribute to their child’s well-being.
In reality, child support laws and obligations are gender-neutral, applying equally to both parents. The determination of child support is based on each parent’s level of income, the child’s placement arrangement and the needs of the child. The gender of a parent is not a legal factor in determining child support payments.
Wisconsin law acknowledges that circumstances change. Whether it is the financial ability of either parent or a necessary adjustment for how the child is raised, either parent can request a modification of the child support order. Child support is designed to ensure the child’s needs are being adequately met, so child support can be modified when there has been a significant change to relevant factors.
Child support is calculated to cover a wide range of expenses including housing, education, medical care, extracurricular activities and even daycare costs. The aim is to avoid significant changes to the child’s standard of living, so child support costs can cover a wide range of expenses.
Many believe that child support automatically ends when the child reaches the age of 18. While this might be true in some situations, it’s not always the case. If the child is still in high school or has a disability requiring continued support, child support obligations can extend beyond the age of 18, until the child completes their education or becomes self-supporting.
Some believe a parent can avoid paying child support if the other parent is financially stable. However, child support is based on the rights of the child, not the primary parent. If neither parent has more than 74% of the time with the child, child support is calculated based on both parents’ incomes and the child’s needs, not the custodial parent’s financial situation alone. Likewise, if one parent has the child for 75% or more of the time, Wisconsin courts may not even consider that parent’s income and may order a flat rate child support amount of 17% of the secondary parent’s pre-tax income.
Failure to pay child support does not grant a parent the right to withhold visitation. However, both parents are expected to adhere to their respective obligations regardless of disputes, and parents may be subject to substantial penalties if they neglect to pay child support.
Child support calculations take into account a number of factors, including the placement arrangement, but the amount of time spent with the child does not automatically eliminate all financial responsibility. Wisconsin’s child support guidelines consider both parents’ incomes, the number of children involved and the percentage of time each parent spends with the child. The court’s primary concern remains the best interests of the child, and child support serves as a means to ensure the child’s financial stability and access to necessary resources, regardless of the custodial arrangement. If the parent who spends the most time with the child earns more money than the parent who spends less time with the child, they may still have a child support obligation.
It is critical for parents to understand the financial reality of raising a child under Wisconsin’s child support laws at all stages of co-parenting. With appropriate counsel and guidance, parents can avoid falling for common misconceptions and better navigate the system in order to focus on the best interests of their children.
It is supremely important to review your physical mail and emails every day if you are preparing for a child support hearing. You may be sent a variety of documents from the court, your attorney or the opposing attorney, and they almost always contain time-sensitive information. Stay up to date on your mail, and read every document you receive regarding the upcoming hearing.
Entering the hearing with accurate information is vital. You may believe the truth is not advantageous for you in the courtroom, but it can go significantly worse if you are not honest with the court. Your job is to provide your lawyer with all the pertinent information and facts and allow them to take it from there. The worst possible outcome would be the judge learning you have not been transparent.
Arriving at the courtroom prepared, early and dressed well is the easiest way to show responsibility. You’ll have the opportunity to go over last-minute notes with your attorney and feel fully prepared.
The objective of a child support hearing is to determine child support terms and payments. The judge will not be hearing opinions about placement or custody and may become irritated if the proceedings are consistently taken off-topic. The ability to stay on topic and only discuss the relevant information will help put you in a good light in the eyes of the judge.
If you believe the opposing party is misrepresenting his or her true earnings, notify the court of your belief and provide evidence in support of your beliefs. You have to maintain realistic expectations, however. The judge will work with all parties and attempt to design a support order to work within both parents’ financial limits and work in the best interests of the children. If your spouse is going through financial hardships, you may not be able to expect a significant amount of child support.
If you need representation for a child support hearing in Wisconsin, contact Divergent Family Law today.
Child support is intended to go toward your child’s welfare, which includes rent, food, clothes, etc. Of course, there are ways your former spouse will benefit from these payments, but they should mostly be used on behalf of the children. If you are concerned your child is being neglected, you could try to contact the Department of Health and Human Services to see what can be done. Be aware that the state and federal governments do not have jurisdiction or laws governing how these payments are actually spent.
Seeing your children does not affect your child support obligation. Your obligation first and foremost is to care for your children, so do not stop paying. If your court-ordered child placement schedule is being violated, you can file for contempt for failing to adhere to a court order.
If you don’t pay court-ordered child support, you will be actively violating a court order and you may be held in contempt of court. Being held in contempt of court can carry harsh penalties like fines, jail, suspension of your driver’s license or recreational license, or you could be referred to the District Attorney for review for a possible criminal case. Child support is not something to ignore. If there is a change in circumstances and you are unable to pay the required support, file a motion with the court to modify the amount immediately.
Laws in reference to suspicion of kidnapping can be complicated. If you believe that your child has been or will be kidnapped by the other parent, contact an attorney immediately. Depending on the circumstances, you can file for a temporary order to govern child placement or file for an emergency order denying the fleeing parent placement in the short term. These orders are not always simple to get, as they significantly impact the other parent’s time with the child. You will need to provide evidence and documentation of the other parent’s potential to flee with the child.
