– 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 student loans to go to school. He pays me support for our two children that live with me, but it is not enough. I am motioning the court to increase his support payments. Will they consider his loans, child support, and AFDC when determining his total gross income level?

Family Law Attorney Response:

The courts do not generally recognize AFDC or child support receipt as a part of their gross income when determining an income level for an increase in child support payments.

This is best answered by referring to the case of Thibadeau v. Thibadeau 150 Wis. 2d 109, 441 N.W.2d 281 (Ct. App. 1989). In this case, the court initially considered the father's child support and AFDC receipt when determining his gross income. This was reversed upon appeal, however.

My advice is to contact an attorney to discuss the details of you and your ex-husband’s circumstances before proceeding.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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