Best Child Support Lawyers in Wisconsin

About Child Support Law in Wisconsin, United States

Child support is a legal obligation in Wisconsin that ensures both parents contribute to their child's financial well-being, regardless of marital status. The purpose is to cover necessary expenses such as food, shelter, clothing, education, and medical care for the child. In Wisconsin, child support is typically ordered by the court as part of divorce, legal separation, or paternity cases, and is governed by both state statutes and administrative rules. The Wisconsin Department of Children and Families oversees the child support program to ensure children receive consistent support from their parents.

Why You May Need a Lawyer

Child support cases can become complex, especially when there are disputes or special circumstances. You may need a lawyer for situations such as:

• Disagreements over the amount of support owed or paid
• Concerns about unpaid or overdue child support
• Requests to modify an existing support order due to changes in income, custody, or other factors
• Difficulty locating the other parent for the purposes of establishing or enforcing support
• Issues involving paternity determination
• Cross-state or international child support disputes
• Questions about what expenses should be covered by child support
• Allegations of nonpayment or wrongful garnishment of wages

Having legal representation can ensure your interests are protected, all necessary forms are filed accurately, and you are fully aware of your rights and obligations under Wisconsin law.

Local Laws Overview

Wisconsin’s child support system operates under the principle that both parents share the financial responsibility for their children. Key points of the local law include:

• Wisconsin uses standard guidelines based on a percentage of the paying parent's gross income, ranging from 17 percent for one child and increasing with additional children.
• The child support formula considers factors like each parent’s gross income, the number of children, custody arrangement (shared, split, or primary), and any existing support obligations for other children.
• Child support orders may include health care and child care costs, not just basic monetary contributions.
• Either parent can request a review and possible modification of the support amount if there has been a significant change in circumstances.
• Failure to pay child support can lead to enforcement actions such as wage garnishment, interception of tax refunds, suspension of licenses, or even jail time in severe cases.
• Child support typically continues until the child turns 18, or 19 if still in high school, unless otherwise specified by the court.

Frequently Asked Questions

How is child support calculated in Wisconsin?

Child support in Wisconsin is generally calculated as a percentage of the paying parent's gross income. The percentage varies based on the number of children and custodial arrangements. The court can adjust the basic calculation in special situations, such as shared placement, low income, or high income.

How long does child support last in Wisconsin?

Child support normally lasts until the child turns 18, or 19 if they are still enrolled in high school or pursuing a GED program. In certain special cases, support may continue longer if the child has a disability and cannot support themselves.

Can I modify my child support order?

Yes, either parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income, job status, or child placement arrangements. Modifications must be approved by the court.

What if the other parent is not paying child support?

If the other parent is not making required payments, the Wisconsin Child Support Program can help you enforce the order. Methods include income withholding, intercepting tax refunds, suspending licenses, or pursuing contempt of court.

Do I need to establish paternity for child support?

Yes, paternity must be established before child support can be ordered if the parents were not married when the child was born. This can be done voluntarily or through the courts if necessary.

Does child support cover health insurance?

Yes, Wisconsin courts can order parents to provide health insurance for their children if it is available at a reasonable cost. Premiums paid for health insurance may be factored into the child support calculation.

What happens if I lose my job and cannot pay child support?

If you experience a change in financial circumstances, you should request a modification from the court right away. Do not simply stop payments, as arrears will continue to accumulate and enforcement actions may result.

Can the court consider both parents’ incomes?

Yes, in shared or split placement arrangements, the court considers the incomes of both parents when determining support obligations.

Will child support impact my taxes?

Generally, child support payments are not tax deductible for the payer, nor are they considered taxable income for the recipient. The court may specify which parent can claim the child as a dependent for tax purposes.

Can grandparents or guardians receive child support?

Yes, if a grandparent or guardian has legal custody, they may be eligible to receive child support from the child’s parents. The arrangement must be approved by the court.

Additional Resources

If you need more information or assistance, consider these helpful resources in Wisconsin:

• Wisconsin Department of Children and Families - Child Support Program
• County Child Support Agencies
• Wisconsin State Law Library
• Legal Action of Wisconsin (providing legal help for low-income individuals)
• Family court self-help centers

These agencies can provide forms, guidance, and referrals to attorneys or other services.

Next Steps

If you need legal assistance with a child support matter in Wisconsin, consider the following actions:

• Gather important documents such as income statements, child support orders, custody agreements, and correspondence related to your case.
• Contact your local county child support agency for guidance or case information.
• Consult with a family law attorney to discuss your rights and options. You can find attorneys through the State Bar of Wisconsin or local legal aid organizations.
• If your case is urgent or enforcement action is pending, act quickly to protect your interests and avoid legal penalties.
• Stay informed about your rights, responsibilities, and any updates to Wisconsin child support laws that may affect your case.

By taking the right steps and seeking professional guidance, you can better navigate the complexities of child support in Wisconsin and ensure the best possible outcome for your child.