If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]
When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father […]
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 […]
I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody, etc.) are not represented by lawyers. I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties. The judges lamented that not only […]
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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