– from Todd Q. in Glendale, WI

Question Details:

My wife and I are potentially going into a divorce. Currently, she is a middle school teacher and I am an accountant. Both of us know there is potential for me to become a partner at my accounting firm, but there is no guarantee. If the court finds I should pay child support, will they base it off my current earnings or future earnings?

Family Law Attorney Response:

I would like to hear more details regarding your potential at becoming partner, but I think the court would base it off your current earnings.

It was established in Wallen v. Wallen, 139 Wis.2d 217, 407 N.W.2d 293 (Ct. App. 1987), that child support can be based off future earnings, however only in certain circumstances. Child support should only be based on the capacity to earn finances when there is a finding based on evidence that the parent was failing to exercise his or her capacity to earn because of a disregard of his or her support obligations. If this is not apparent, the court should base support off of actual earnings.

Give me a call to discuss more details and set up a consultation.

Dan Exner, J.D.

Family Law Attorney

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