Adjusting Child Support after a Divorce in Wisconsin | Sterling Law Offices, S.C. global $post;
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 – 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 offered me a large settlement. After I received the settlement, my ex-wife moved for a large child support my son. The trial court modified the support payments based off the settlement. Is this allowed? I thought once the trial court made a decision on support it cannot be modified based on any future earnings after the divorce began?

Family Law Attorney Response:

You are correct with your belief on support not being based on future earnings after the divorce began, however that is only with support being given to an ex-spouse, not a child.

In Sommer v. Sommer 108 Wis.2d 586, 323 N.W.2d 144 (Ct. App. 1982) the court of appeals ruled that child support is for children to receive the financial needs that would occur in a regular marriage, therefore child support can look past the marriage. Divorce separates the bond between a couple, not between a parent and child. If one side receives benefits in the future, the court will look to mold these non-taxable child support payments paid to the recipient based on the benefits.

Click here to learn about an overruling of child support amounts.

I hope this answers your questions, if you have any more be sure to call or visit our offices.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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