– from Amy M. in Wayne, WI

Question Details:

I was recently divorced and I received custody and was awarded child support. I agreed to a stipulation with my husband that I would keep the children within 50 miles of where he lives for visitation purposes. Well, he barely visits and I received a job offer 100 miles away. He said he would motion the court for a decrease in child support payments if I move. Can he do this?

Family Law Attorney Response:

Making a motion to move the court to align their thinking with yours is common. However, accomplishing this task is another matter entirely. So yes, he can make this motion but that doesn't mean the court will grant it.

Click here to read about other affects on your child support.

In all honesty it's unlikely he has a case. Usually, a change in support would go hand in hand with a major change in financial circumstances. This is seen in the case of Pergolski v. Pergolski 143 Wis. 2d 166, 420 N.W.2d 414 (Ct. App. 1988). In this situation, the wife decided to move from the state. The husband filed an order to show cause. The court had vacated the divorce and set a trial. The mother maintained custody but was remanded to stay within 50 miles from the husband's residence. The court also stipulated that should the wife move more than 50 miles, child support would be decreased. Upon appeal, the court affirmed the custody decision, but reversed the reduction order.

My advice to you is consult an experienced family law attorney before proceeding to discuss your case in depth.

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

Managing Partner

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