Child Support

CHILD SUPPORT FAQS

How is child support in Wisconsin calculated?

Child support in Wisconsin is governed by the family law courts who work to ensure the safety and well-being of children after a divorce is finalized. One way of doing this is through payments of child support, or money paid  to the parent with primary child custody. Courts in all Wisconsin counties typically calculate child support in the same way. For spouses in a divorce with one child, the noncustodial parent must pay 17% of his or her paycheck in child support. With two children, a parent can end up paying 25%. The amount of child support a parent may owe caps at 34% for a parent with five children. Use our Child Support Calculator to estimate your payments.

 

Can child support payments affect my personal tax filings?

A divorce can only be resolved in one of two ways. It can resolve either by a marital settlement agreement reached by the parties and their attorneys or by a trial. A marital settlement agreement must resolve all issues, such as child custody, child support, maintenance, property division, etc., in a complete and final manner. If your case requires a trial, your divorce attorney will present evidence and testimony to the judge in the most favorable way possible for your case. Your Milwaukee divorce lawyer will also attack the case presented by the other side. Preparation, determination, and toughness by your legal representative are the keys to winning.

 

How long do I need to pay child support for?

In practice, the duration of child support payments in Wisconsin varies. The amount of time a parent has to pay child support greatly depends on whether or not the child goes on to attend college or trade school. In the majority of cases, a parent will pay child support until the child turns 18. That’s the standard cut-off age. However, in many cases, courts still decide to enforce child support payments while a child is still in school. If the child is a full-time student, parents should expect to continue making payments. This is why planning for college expenses in advance is very important in a Wisconsin divorce settlement.

 

CHILD SUPPORT FAQS

How is child support in Wisconsin calculated?

Child support in Wisconsin is governed by the family law courts who work to ensure the safety and well-being of children after a divorce is finalized. One way of doing this is through payments of child support, or money paid  to the parent with primary child custody. Courts in all Wisconsin counties typically calculate child support in the same way. For spouses in a divorce with one child, the noncustodial parent must pay 17% of his or her paycheck in child support. With two children, a parent can end up paying 25%. The amount of child support a parent may owe caps at 34% for a parent with five children. Use our Child Support Calculator to estimate your payments.

Can child support payments affect my personal tax filings?

A divorce can only be resolved in one of two ways. It can resolve either by a marital settlement agreement reached by the parties and their attorneys or by a trial. A marital settlement agreement must resolve all issues, such as child custody, child support, maintenance, property division, etc., in a complete and final manner. If your case requires a trial, your divorce attorney will present evidence and testimony to the judge in the most favorable way possible for your case. Your Milwaukee divorce lawyer will also attack the case presented by the other side. Preparation, determination, and toughness by your legal representative are the keys to winning.

How long do I need to pay child support for?

In practice, the duration of child support payments in Wisconsin varies. The amount of time a parent has to pay child support greatly depends on whether or not the child goes on to attend college or trade school. In the majority of cases, a parent will pay child support until the child turns 18. That’s the standard cut-off age. However, in many cases, courts still decide to enforce child support payments while a child is still in school. If the child is a full-time student, parents should expect to continue making payments. This is why planning for college expenses in advance is very important in a Wisconsin divorce settlement.

Divorce Basics

What you need to know

To file a divorce in Wisconsin, you must meet basic residency requirements. You can start the process of getting a divorce by filing with the clerk in your particular county. In order to file for divorce, you only have to acknowledge that your marriage is broken beyond repair. A divorce attorney can make sure you stay organized as you begin the divorce process. Filing a divorce action in the appropriate manner is crucial in having a successful divorce.

Child Custody

What you need to know

In most family law cases, courts try to maximize a child’s time with both parents after a divorce. However, the parent with legal custody still gets to make crucial decisions on behalf of the child. Courts do consider each parent’s relationship with the children in a divorce, and they also take the child’s wishes into account in most cases. In the absence of legal custody, a divorce attorney can still make sure you play a role in the life of your child after a divorce.

Child Support

What you need to know about child support

Wisconsin courts have specific rules for setting child support amounts. Child support amounts typically last until a child is an adult and can only be changed under very specific circumstances. Therefore, it’s important that you end up paying the right amount in child support from the very beginning. If you believe your former spouse in a divorce isn't paying the right amount in child support, a divorce attorney can help you address this situation.

 

Helping Families Get What They Deserve.

A divorce or other family law matter is a life-changing event for you, and if you are a parent, for your children. It is an evnt that will change lives for years or perhaps forever. That’s why it’s so important to get an attorney and not just any attorney, but the right attorney

We have over 25 years of family experience and we can be aggressive when your family needs to get what they deserve. When a client retains our services we personally take care of their case. Our goal is to get you what you want. Whether that is collaborative divorce, mediation or litigation.

We are a renowned Wisconsin Divorce & Family Law Firm. We've represented Wisconsin residents in many counties across the state, including Milwaukee, Waukesha, Racine, DaneRock, Jefferson, Kenosha and  counties. Don’t let your spouse in a difficult divorce case prevent you from getting the settlement your family deserves.

Alimony

What you need to know about alimony

In a divorce, Wisconsin courts aim to establish financial equality between spouses. Alimony, or spousal maintenance, is the main way courts do this. There is such a thing as temporary alimony, but most alimony orders are permanent, so it’s important that spouses have a bold legal advocate to argue their case in a divorce trial. Although marriage is supposed to be a give-and-take, oftentimes one spouse sacrifices more than the other during a marriage. Factors such as these can influence how much alimony is paid after a divorce is finalized.

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PROPERTY DIVISION

Property Division

What you need to know about property division

Wisconsin family law guidelines are pretty clear-cut when it comes to property division during a divorce. Although there are exceptions, assets are usually split evenly. Still, property division can get pretty complicated. Dishonest spouses will hide or undervalue marital assets to cheat the other party out of his or her fair share. In property division cases, a divorce attorney will help you avoid being taken advantage of. Many types of assets, including ones you probably never thought of, can be divided during the divorce process.

COURT-ORDERED CHILD SUPPORT

Filing for a divorce together vs. filing separatelyEnforcing court-ordered child support payments

When a child support order is made, the court has its own way of enforcing payments. In Wisconsin, there are child support enforcement agencies that ensure court-ordered child support is being followed. If a noncustodial parent refuses or forgets to pay child support for any length of time, these agencies can assist. If back-support is owed, these agencies can also help establish a payment plan. To ensure child support orders are followed, a spouse can have income taken out of his or her paycheck through an income withholding order. Income withholding orders can work for both spouses, as they guarantee delivery of payments each month.

Distribution of child support

Income withholding orders can be set up from the start to ensure the process of paying child support is simple and painless. Still, some custodial parents in a divorce might want to have their former spouse pay child support to them directly. Many divorce attorneys advise against this. Using this method works for some, but it opens the door for missed payments as time goes on. Enforcement is often difficult, but it is still possible to have the court take action in cases of missed payment. Courts often end up pursuing an income withholding order, which could have been set up in the very beginning.

Changing child support orders

In some cases, child support orders have to be changed, and having a good Madison divorce attorney can help in this process. A change in a child support order is also called a modification. If a spouse isn’t paying the amount of child support that corresponds with his or her income, or if the original order did not factor medical support into the equation, a child support order can be changed. Some spouses try to hide their assets and report an income that is lower than what they’re actually making, in order to pay less money in child support. If you suspect your former spouses is paying less than they should, a family law attorney may be able to help you.

COURT-ORDERED CHILD SUPPORT

Enforcing court-ordered child support payments

When a child support order is made, the court has its own way of enforcing payments. In Wisconsin, there are child support enforcement agencies that ensure court-ordered child support is being followed. If a noncustodial parent refuses or forgets to pay child support for any length of time, these agencies can assist. If back-support is owed, these agencies can also help establish a payment plan. To ensure child support orders are followed, a spouse can have income taken out of his or her paycheck through an income withholding order. Income withholding orders can work for both spouses, as they guarantee delivery of payments each month.

 

Distribution of child support

Income withholding orders can be set up from the start to ensure the process of paying child support is simple and painless. Still, some custodial parents in a divorce might want to have their former spouse pay child support to them directly. Many divorce attorneys advise against this. Using this method works for some, but it opens the door for missed payments as time goes on. Enforcement is often difficult, but it is still possible to have the court take action in cases of missed payment. Courts often end up pursuing an income withholding order, which could have been set up in the very beginning.

 

Changing child support orders

In some cases, child support orders have to be changed, and having a good Madison divorce attorney can help in this process. A change in a child support order is also called a modification. If a spouse isn’t paying the amount of child support that corresponds with his or her income, or if the original order did not factor medical support into the equation, a child support order can be changed. Some spouses try to hide their assets and report an income that is lower than what they’re actually making, in order to pay less money in child support. If you suspect your former spouses is paying less than they should, a family law attorney may be able to help you.

 

Prior to coming to John Fields, I had a very difficult experience with custody and divorce settlement. Was able to work through all of our issues and resolve them in a timely and efficient manner. I felt like all of my needs were addressed and was able discuss things openly. I was very happy with the outcome and I appreciate all of the time they spent on my case.

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The child was in a volatile dangerous and sensitive a situation. He was being abused by the mother and other family member. Mr Fields was tenacious and careful not to have the child testify in court. His team was best courteous professional. He won the case and I would recommend him to anyone who has a problem where a minor child in danger.

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