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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 and I was given probation. Since then, I have gotten into more trouble and my probation will most likely be revoked on my next appearance. Will this be considered a change of circumstance? Am I still liable for child support if I am incarcerated?

Family Law Attorney Response:

Without knowing all of the details, my answer is limited to only addressing your main question. The answer is, yes, you may still be liable for child support. You can petition the court for a support modification, but depending on the circumstances for your incarceration, you may be denied. As an example, the case of Parker v. Parker 152 Wis. 2d 1, 447 N.W.2d 64 (Ct. App. 1989) saw a similar situation. In this case, the father was denied support modification. The court reached this decision based on the fact that the father’s change of circumstance was decided to be his own fault. The change could have been avoided, in the court’s perspective. I advise you to seek an experienced family law attorney to discuss your case in greater detail.

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Dan Exner, J.D.

Family Law Attorney

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