– from Gloria E. in Franklin, WI

Question Details:

During the divorce with my husband, the judge gave him an amount in child support to pay each month that met the percentage laid in the law. I noticed the percentages changed within the last few years and my ex-husband pays below the current percentage. Can I take this to the judge and ask for the amount in support to meet the new provision?

Family Law Attorney Response:

While I would like to hear more details regarding your case, I believe it is possible for you to bring this forward to the judge and seek a provisional change for your child support.

In the case of Behnke v. Behnke, 103 Wis.2d 449, 309 N.W.2d 21 (Ct. App. 1981), the court of appeals decided even though an order may have been given prior to a new provision in the law, the order is still subject to the new provisions and can force a continuing court order to change.

Give me a call so we can discuss the provision change you saw, the percentage differences and the best course of action going forward.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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