– from Catherine M. in Lisbon, WI

Question Details:

I am currently living with my fiancé we have two children together that he is paying for. He recently got laid off from his job and I receive disability. I am trying to get his payments lowered or down to nothing. How do I do this without messing up on court stipulation paperwork?

Family Law Attorney Response:

From your question details, it seems you should be able to file an order for child support modification based on your fiancé’s current job status.

Wisconsin Statute §767.59 allows the court to modify or lower a child support order if there is a significant change in circumstances. One significant change stated in §767.59(1f)(c)(3) is a change in the payer’s earning capacity. You said your fiancé was recently was laid off. If you can prove his loss of a job is a change in his income, then you should be able to have the support lowered.

The next step that I would recommend would be a consultation with one of our attorneys specializing in family law. If you’d care to pursue that, please respond with your telephone number and the best time to reach you, and we’ll call to set up the conversation.

Dan Exner, J.D.

Family Law Attorney

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