Changing a child support order, also known as a child support modification, can only be changed by a court. A common misconception is that your payments will remain the same until child support stops. The truth is, child support is always modifiable. Several factors can raise or lower child support payments, including a change in income for either parent, loss of job by the paying parent, or the needs of the child(ren) evolve in special cases. If you do nothing, your monthly child support payments could increase yearly. Estimate your monthly child support payments with our easy-to-use child support calculator.
There are several options to modify an order for child support in Wisconsin:
Under Wisconsin Statute §767.59(1f), a substantial change in circumstances – such as a significant increase or decrease in income, a change in the child’s living arrangements, or medical hardship – can serve as grounds for modifying child support. Courts typically require that at least 33 months have passed since the last order unless there is an urgent financial or medical reason to justify an earlier modification.
Unless otherwise agreed upon in writing, both parties of the divorce/child support must exchange financial details by May 1 of each year.
Failing to provide these records risks being held in contempt of court.
State law permits anyone who pays child support to request a deviation from the standard percentage amounts. The deviation is granted if the court determines the standard percentage total is an unfair burden to either of the parties or the child/children.
Considered Factors:
If the option to request a review from your local child support agency is chosen, the agency has up to 180 days to complete the review. The agency may deny the request, attempt to mediate an agreement between both parents, or set a court date for review by a judge.
The child support order review will examine 3 issues:
You have the right to have your court order reviewed by the child support agency every 33 months or if there is a significant change in circumstances which will result in a payment change of 15% of the current order and the difference will be at least $50. The party requesting the change must provide evidence of the significant change in circumstance if the request is outside of the 33-month review process. Incarceration is considered to be a significant change in circumstances.
No, only a court can change a child support order. The child support agency may mediate and write up and agreement for both parents to sign, but the court has to approve the agreement. No changes take into effect until the court signs the order.
The court may use the parent’s gross income, income available for support, or ability to earn to determine income for child support:
