– from Willie R. in Hales Corners, WI

Question Details:

I am divorced and pay child support. I am up-to-date on all support payments. My ex-wife has now informed me that she is making a motion to increase support payments. How can she do this? What allows her to take me to court for more money when I am current on all support payments?

Family Law Attorney Response:

Unfortunately for you, she has every right. This has been demonstrated time and again. The fact that you are current in your payments has no bearing on whether she can motion for an increase in payment amount for child support. Also, extra expenses for a child's activities are a separate issue to be aware of and whether or not you have joint custody and pay child support.

Click here to learn about more affects on child support.

In the case of Jeske v. Jeske 138 Wis. 2d 268, 405 N.W.2d 757 (Ct. App. 1987) (Affirmed by 144 Wis. 2d 364, 424 N.W.2d 196 (1988)), the husband sought to dismiss a motion brought forth by his ex-wife to seek an increase based on the notion that she was not represented by the Division of Child Support Enforcement because he was not late on any payments. The trial court dismissed the ex-wife's motion. She appealed, and the court of appeals reversed. However, this does not mean that court will grant her this increase. There are several factors that may attribute to the justification of an increase, including whether their was a significant change in your income.

My advice to you is to contact a family law attorney immediately. Representation is key in cases such as these.

Trisha Festerling, J.D.

Family Law Attorney

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