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 reduction of my arrearages and current support obligations?

Family Law Attorney Response:

You can, however, if certain criteria cannot be met or if certain evidence requirements are not met, you may be denied. This is best supported in the case of Woodmansee v. Woodmansee 151 Wis. 2d 242, 444 N.W.2d 393 (Ct. App. 1989). The father was ordered to show cause why he should not be held in contempt for his failure to pay during this case. Instead, he motioned the court to reduce his arrearages and reduce current support. The circuit court approved. The mother appealed, and the court of appeals reversed. My advice is to contact an attorney before proceeding in order to discuss the details of your case.

Dan Exner, J.D.

Family Law Attorney

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