Child Support Case Law Archives | Sterling Law Offices, S.C. Child Support Case Law Archives | Sterling Law Offices, S.C. global $post;
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Who is the Legal Beneficiary?

Question Details: My husband was married once before, and divorced by stipulation. The stipulation stated that his daughter would be the beneficiary of his life insurance. This was many years ago. Before he died, he changed the beneficiary of his life insurance to me....

Is it an Error if the Court Fails to Grant a Rehearing?

Question Details: When I was ordered to pay child support, I appealed the decision based on the trial court’s decision to base their calculations on the percentage standard. They then modified that number using other factors. The court of appeals remanded the case...

Which State has Jurisdiction?

Question Details: My ex gave birth to our child in Arizona, then she moved with the child to Wisconsin with her family. She moved with the child back and forth several times, claiming residence in both states. She left our daughter with her family in Wisconsin while...

Is one Visit Enough to Claim Personal Jurisdiction?

Question Details: I was never married to the father of my child. He has never been a resident of Wisconsin. I visited him in another state where I became pregnant with my daughter. He and I never had a “real” relationship. A few months ago, after I gave birth, he came...

Am I Still Liable for Child Support While Incarcerated?

Question Details: Upon my divorce, my wife received custody of the children, and I was ordered to pay child support. Without getting into specifics, about a year after the divorce I got into some trouble. I was sentenced to a year in prison. The sentenced was stayed...

Can I Have a Past Stipulation Vacated or Modified?

Question Details: My father and mother agreed to a settlement of a one-lump support payment in a paternity suit. I am now 16, and represented by a guardian ad litem. I feel the agreement is not in my best interest. My father is now deceased, and I want to request a...

Do I still owe even though my income has drastically been reduced?

– from Sara M. in Hartford, WI Question Details: Several years ago, during my divorce, I entered into a stipulation of a minimum amount of child support even in the event that my income is reduced. My income has been reduced – drastically. Looking at it now, I...

Are SSI benefits subject to child support?

– from Jeffery H. in Bayside, WI Question Details: I have been out of work due to an injury. I am receiving SSI payments, but that's my only income. The court informed me that I am still required to pay child support and handed me a seek-work order....

Who has jurisdiction in state-to-state support hearings?

– from Henry R. in Oconomowoc, WI Question Details: My wife and I were divorced in Wisconsin. She was awarded custody and I was ordered to pay support. She moved, with the children, to another state. She has petitioned for an increase in support payments where...

If I made a mistake at pretrial, can I fix it during trial?

– from Scott L. in Hartford, WI Question Details: I don’t want to get into too much detail, but I may have made a mistake. During the pretrial I gave information that was not accurate in regards to a paternity suit. The trial is coming up and I’m wondering if I...

Are AFDC and child support considered a part of gross income?

– from Andrea G. in Fox Point, WI Question Details: I am receiving child support from the father of my children. He works a low-paying job, but receives AFDC as well as child support from his ex-wife for his son that lives with him. In addition, he receives...

Can failure to pay child support be a felony?

– from Larry J. in River Hills, WI Question Details: When my wife and I divorced, she was awarded custody and I was ordered to pay child support. During the divorce, I was laid off from my job and unable to gain employment. The divorce really devastated me, and...

Can the state represent my ex-wife in a support case?

– from Jimmy K. in Jackson, WI Question Details: My wife is looking to establish child support as she lost part of her income. She plans on having a state district attorney represent her. I believe she can still afford an attorney. Is this allowed? Family...

Can an alleged father refuse to take additional blood tests?

– from Nicole I. in Mukwonago, WI Question Details: I brought a paternity action against my ex-boyfriend. The initial blood test did not indicate that he was the father. I want to have him take a few more blood tests, but he says he will refuse to. If I request...

Does Wisconsin have jurisdiction over a non-resident?

– from Michelle N. in Shorewood, WI Question Details: My wife and I were divorced in another state. She was awarded custody of our three children and I was ordered to pay support. My wife moved with the children to Wisconsin and has lived there for almost three...

Is it important to show up to the court hearing?

– from Christopher B. in Oconomowoc, WI Question Details: When my wife and I went through our divorce, the court awarded placement of our son to me and ordered my wife to pay child support. A few years later, my son and I moved to Michigan. My wife then filed an...

What information is needed to win an appeal?

– from Ricard W. in New Berlin, WI Question Details: My child support payments are too high. These payments will benefit the mother more than my children. What information do I need to appeal? Family Law Attorney Response: Thank you for your question. It was...

No expert rebuttal during testimony?

– from Martin G. in Ottawa, WI Question Details: I am in the midst of a paternity suit. The mother alleges that I am the father, but I am not. We did not have sex during the necessary time frame. However, she is bringing in “expert” testimony to explain a blood...

If I agreed, can I change my mind?

– from Donald M. in Elm Grove, WI Question Details: My wife was pregnant when I met her. I am not the biological father, but I have taken care of my wife's child for the last year. We were married and divorced in less than a year. I agreed in court to be...

When does the statute of limitations start for support?

– from Johnny G. in River Hills, WI Question Details: I currently pay child support to my wife. She wants to have the support increased monthly, but I feel it does not need to be. Can I argue that the statute of limitations ran out and my wife failed to...

When does the jury decide if I am the father?

– from Robert Q. in Addison, WI Question Details: I received an order to appear in court for a paternity case, but I know I am not the father. I know not all trials require a jury, but when would a jury decide the paternity of a child? Family Law Attorney...

Can I receive child support from a father’s estate?

– from Julie F. in West Milwaukee, WI Question Details: I just recently had a child with a man, but he passed away. However, he admitted that the child would be his. Is it possible to collect child support from his estate? Family Law Attorney Response: Thank you...

Will I have to pay support if I’m not the father?

– from Shawn S. in South Milwaukee, WI Question Details: My wife and I are about to go through a divorce. We have one child who is seven months old. We're getting a divorce because she recently told me that I am not actually the father of the child, meaning...

Can I be ordered to pay money I need for school?

– from Todd L. in Milwaukee, WI Question Details: My girlfriend and I are going through a support battle. We have been separated for a while now, and she has been raising our child. We have already determined that she will have custody of our daughter, and I...

When do courts presume the conception of a child occurred?

– from Amanda D. in Delafield, WI Question Details: I may be filing a paternity case and would like to know what the courts consider a period of paternity? Family Law Attorney Response: Thank you for you child support question. As discussed in State ex rel....

Can he be charged with contempt after the child is an adult?

– from Kathleen V. in Pewaukee, WI Question Details: My husband and I split when our son was a teenager. He made payments up until around the time our son was sixteen. Then the payments stopped. Our son is now 18. Can I still take his father to court for...

What gives her the right to seek an Increase in child support?

– from Willie R. in Hales Corners, WI Question Details: I am divorced and pay child support. I am up-to-date on all support payments. My ex-wife has now informed me that she is making a motion to increase support payments. How can she do this? What allows...

Can she seek representation from a district attorney?

– from Carlos Y. in Sussex, WI Question Details: My wife and I divorced several years ago. She was awarded custody of our child and I was ordered to pay support. I fell behind for several years, and she started receiving AFDC. Since she got a high paying job,...

Can I Motion for a Reduction of Arrearages and Current Support?

Question Details: Upon my divorce, my wife received custody and I was ordered to pay support. This was several years ago. I have not been able to maintain full payments because I have been having trouble obtaining long-term employment. Can I motion the court for a...

Can she reopen the case after agreeing to a dismissal?

– from Nicholas V. in West Bend, WI Question Details: I dated a girl for a while, but we broke up because I thought she may have been cheating. Come to find out, she had a baby. She took me to court alleging that I was the baby's father. I immediately found out...

Will the temporary order become a part of the final judgment?

– from Samuel P. in Brown Deer, WI Question Details: At the time, the temporary order was issued based on my income. I have since been laid off. I now make much less, despite the fact that I have been looking for a higher paying job. I have documented each...

He is the father, but how can I prove it?

– from Brenda L. in Wayne, WI Question Details: I had a baby with my ex-boyfriend 6 months ago. We broke up right after I told him I was pregnant. Now he is lying and saying we never had sex. He is the only man I ever had sex with at that time, so he...

Will I still have to pay child support if I’m not the father?

– from Lawrence U. in River Hills, WI Question Details: My wife was pregnant while we were engaged. She had the child during our marriage. At the time, I believed I was the father. Now that we are having problems, I had a blood test done. It turns out that  I am...

Can I have my child support modified?

– from Gregory H. in Farmington, WI Question Details: My ex-wife and I divorced seven years ago. She got custody of our children and the court ordered me to pay child support. All my payments are up to date, but now I want to get married to a woman who also has...

Can an injury settlement increase my support payments?

– from Jonathan E. in Dousman, WI Question Details: I have been divorced for almost a year. I was ordered to pay $240 a month in child support for my two children. I work in construction, but I don't make a lot of money. Soon after the divorce, I was injured in...

Can I have arrearages removed?

– from Roger W. in Genesee, WI Question Details: I was ordered to pay child support and have not made most of the payments. Is there any way I can have the arrearage removed from the case? Family Law Attorney Response: Thank you for your question. Unfortunately,...

If I already submitted a blood test, can I be subjected to more?

– from Arthur T. in Hartland, WI Question Details: My ex-girlfriend took me to court for child support. I denied paternity. The court ordered me to submit to blood tests. The results excluded me from being the father. Now she is asking the court to order me...

Can I have a support order enforced from a different state?

– from Margaret S. in Lisbon, WI Question Details: I was married and divorced in California. During the divorce I moved to Wisconsin with our two children. I filed a summons and petitioned the court for registration of the divorce judgment. My ex-husband did not...

Can my tax refund still be intercepted?

– from Harold O. in Brookfield, WI Question Details: I had fallen behind in my child support payments and went to court to explain why I should not be held in contempt. During this time, I executed an income assignment for current and past support. Because of...

Will I receive a credit toward my arrearage?

– from Matthew Q. in St. Francis, WI Question Details: My wife and I divorced several years ago and she was awarded custody of our two children. However, the children have spent most of the time with me. She was awarded child support but because I have primarily...

If my child is over 18, do I still owe arrearages?

– from Anthony N. in Shorewood, WI Question Details: When my wife and I divorced years ago, she was given custody of our son, and I was ordered to pay child support. I fell on hard times and never gained a meaningful job. I never made much above minimum wage,...

Can she have child support increased because I make more now?

– from Christopher X. in Summit, WI Question Details: I was divorced several years ago. My wife received custody of our two children, and I was ordered to pay child support based on my income at that time. I have since remarried, have two more children, and make...

I got a pay raise, does this mean my child support will go up?

– from Christopher V. in Delafield, WI Question Details: My employer just gave me a raise on my job based on my performance. However, I am currently paying child support for my child and have only three more years left to pay on child support. Will the courts...

What if the DNA test is wrong?

– from William P. in Mukwonago, WI Question Details: I was dating a girl for a few months about a year and a half ago. Soon after we broke up, she came to me with the news that she was pregnant. I knew it couldn't be mine because the timing didn't add up. After...

How much in support can the court order me to pay?

– from Michael O. in Muskego, WI Question Details: I have three children with three different women. I have never been married to anyone. I Have had a decent relationship with the three and have given them all the support I could. Now, they are all three telling...

When does the court of appeals overturn a circuit court’s case?

– from Jim J. in Barton, WI Question Details: The circuit court ruling dismissed my case for child support. I am considering an appeal. When will the court of appeals overturn the circuit court? Family Law Attorney Response: Thank you for your question. As...

Can I hold my husband in contempt?

– from Lois G. in Erin, WI Question Details: My husband and I are going through a divorce and I think he knows he will have to pay child support. As a result of this, he quit his job right before the case and now says he cannot afford child support. Can I hold...

Can the court enforce a seek-work order on my ex-husband?

– from Julia B. in Jackson, WI Question Details: My husband and I received a divorce and the court made an order for my husband to pay $200 a month in child support. My husband went to the court and said he did not have the financial stability to pay the...

Can a court in another state impose child support on me?

– from Jacqueline V. in West Milwaukee, WI Question Details: My husband and I were divorced several years ago here in Wisconsin, and I was awarded custody. Due to circumstances beyond my control, my ex-husband took custody of our children about a year ago while...

Is child support ever based on future earnings?

– from Todd Q. in Glendale, WI Question Details: My wife and I are potentially going into a divorce. Currently, she is a middle school teacher and I am an accountant. Both of us know there is potential for me to become a partner at my accounting firm, but there...

My child is turning 18, do I have to pay my last support payments?

– from Phillip P. in Shorewood, WI Question Details: I paid child support the last seven years, however I neglected the last three payments as I had other financial obligations. My son turns 18 in four days, can I not make these last three payments as he is now...

Is paying my child’s college tuition part of child support?

– from Carlos D. in Dousman, WI Question Details: I have been paying child support for the last six years, my child graduates high school this upcoming year and I am wondering if I will be required to pay child support in the form of covering his college...

If no order is filed, can I avoid paying child support?

– from Howard B. in Merton, WI Question Details: One woman I had relations with recently had a kid. She believes I am the father and a case occurred involving the two of us. In court, the district attorney helped draft an agreement stating I was the father. I...

Am I entitled to receive child support if my child is 15?

– from Lori A. in Ottawa, WI Question Details: I am a single mother. I dated my son's father for a few months before I got pregnant. When he found out, let's just say he wasn't too happy. We haven't spoke since. I haven't told my son all the details, I...

I lost my job, can my arrears be reduced?

– from Aaron Y. in Elm Grove, WI Question Details: My wife and I filed for divorce four years ago. She won child support and the court ordered child support. Initially, I made all the payments on time and in full. However, my hours at work decreased so I did not...

Can the court reimburse me for my former payments?

– from Wayne S. in Sussex, WI Question Details: My wife and I went through a divorce a few years back. She was awarded the children and I paid child support. Recently I heard a rumor and asked the court for a blood test. It turns out the child I paid support for...

Why is there interest set on my child support payments?

– from Harry Q. in Lisbon, WI Question Details: The court ordered me to pay child support. I missed a few payments as I was in between jobs, but as soon as I found a job, I continued to make payments. However, the court put interest on my late support payments....

Can I sue my father for child support?

– from Jane P. in Pewaukee, WI Question Details: My father and mother were divorced when I was 10 years old. My mother received custody of me, and my father was ordered to pay support. He did for several years, then nothing. We hadn't heard anything from him,...

How do courts determine child support?

– from Brandon M. in Menomonee Falls, WI Question Details: I feel my wife may file a divorce against me. I am looking into hiring a family attorney as I feel she will want to have sole custody of our children. If she does win custody, how would the courts...

Can I appeal blood test results?

– from Bruce L. in Brookfield, WI Question Details: I’m currently in a paternity case and was ordered to submit a blood test. The court designated a doctor to take the test. The doctor is using a new program for the test. I believe the program is a mistake and...

What does a court look at when assessing child support?

– from Roy F. in Barton, WI Question Details: My wife and I are going through a divorce. We agreed it is best for our children if I have placement and custody. Even though I can support our children and myself, I still feel my wife should have to pay some sort...

I want my child support lowered, is this possible?

– from Nicholas D. in Addison, WI Question Details: The trial court set my child support for $400 a month. I believe this is too much, can I appeal the decision and look to lower the support? Family Law Attorney Response: I would like to hear more details...

Can I refuse to take a blood test?

– from Lawrence A. in Polk, WI Question Details: A woman I had relations with wants me to take a blood test for a paternity action. I know I am not the father and feel I should not have to be subject to a blood test. Can I avoid this? Family Law Attorney...

Can the district attorney file a paternity case against me?

– from Will Y. in Trenton, WI Question Details: A girl I used to date had a child about eight years ago and claims I am the father. She did not file against against me until two years ago but it was dismissed as it was after the five-year period where a...

Can I file a lawsuit against my father?

– from Willie X. in Slinger, WI Question Details: My father and mother divorced when I was six. The court ordered my father to pay child support for the remainder of my childhood. My father failed to pay the child support, and an action was not filed against him...

Can I reopen a paternity case from the 70’s?

 – from Terry M. in Brown Deer, WI Question Details: This may seem like an odd question, however, I have to ask. I was found to be the father to a woman's daughter in the early 70's, by a jury. I was ordered to pay child support for the next 18 years for a...

Can the court order him to submit to a blood test?

 – from Heather X. in Wales, WI Question Details: I am a single mother to my only son. His father and I lived together for about a year, but never married. When I was about three months pregnant, we split up. He was not there for me during my pregnancy, he...

Can my child support increase if I earn more after the divorce?

 – from Ryan S. in Delafield, WI Question Details: My wife and I filed for a divorce. Two weeks later, I was hit by a UPS truck. The divorce judgment did not have any details of my injury or of the personal-injury action I filed against UPS. UPS...

How do I go about lowering child support?

 – from Catherine M. in Lisbon, WI Question Details: I am currently living with my fiancé we have two children together that he is paying for. He recently got laid off from his job and I receive disability. I am trying to get his payments lowered or down to...

How is child support calculated using the percentage standard?

 – from Laura R. in Genesse, WI Question Details: My husband and I are in the process of getting a divorce. He will be taking our two children, which means I will be paying child support to him. How do I calculate child support payments. I have heard of...