– from Jon B. in Menomonee Falls, WI

Question Details:

I pay child support for my two kids, but not the full ordered amount. I just received a subpoena to go to court and show cause. I am working side jobs right now doing yard work, and I don't make enough money to pay the full amount. If I stay at this I know I can make more money as work picks up. When I show up to court, can they make me stop and find a regular job?

Family Law Attorney Response:

There are many things that a court takes into consideration when making this decisions. There are several factors that will come into play, such as the time you have had working in this field, your level of education, prior work history, etc. They may focus on your ability to pay. What you should be focusing on now, is the show cause.

You need representation, if you haven't already obtained it.

Click here to learn about an overruling of child support amounts.

In the case of Dennis v. Dennis, 110 Wis. 2d 442, 329 N.W.2d 272 (Ct. App. 1982), it was decided that the father paying child support was liable for finding work that would enable him to make the required payments. It was also decided that he was in contempt for failure to comply with orders to seek new employment.

My advice is to seek representation from an experienced family law attorney prior to going to court.

Dan Exner, J.D.

Family Law Attorney

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