– from Brandon M. in Menomonee Falls, WI

Question Details:

I feel my wife may file a divorce against me. I am looking into hiring a family attorney as I feel she will want to have sole custody of our children. If she does win custody, how would the courts determine child support?

Family Law Attorney Response:

Thank you for your question. If you would like to discuss the possibility of retaining myself as your attorney, call and set up a consultation.

In State ex rel. S.M.D. v. F.D.L. (In re Paternity of A.S.D.) 125 Wis.2d 529, 372 N.W.2d 921 (Ct. App. 1985) the standard for determine child support was set. There are two methods to determine child support; apply percentages or listen to evidence. Application of percentage guidelines for child support for successive children living in separate households is inappropriate. The court must hear evidence and proceed to establish support by applying the relevant criteria. Also, many important factors are determined by filling out a child support worksheet.

Click here to learn about child support in regards to filing bankruptcy.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image