– from Sara M. in Hartford, WI

Question Details:

Several years ago, during my divorce, I entered into a stipulation of a minimum amount of child support even in the event that my income is reduced. My income has been reduced – drastically. Looking at it now, I believe that this stipulation should not hold because the minimum amount was above what I would've been ordered to pay to begin with. Can I have it reduced?

Family Law Attorney Response:

Honestly it ultimately depends on how the courts view your case. However, you are more than likely going to have to meet the obligations of your stipulation.

A similar case was seen in Honore v. Honore 149 Wis. 2d 512, 439 N.W.2d 827 (Ct. App. 1989). In this situation, the husband entered into a stipulation of a “floor” (minimum) amount even in the event of a decrease in income. The court granted his motion to reduce the support based on the section of agreement being against public policy. Upon appeal, the motion was reversed.

My advice is to contact a family law attorney to discuss your situation in greater detail before moving forward.

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Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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