Wisconsin Child Support Laws
In Wisconsin, child support is the legal obligation of a parent to financially provide for their child. Child support obligations are determined based on state law. If parents don’t agree on support, the court can order a parent to pay. Support calculations are based on things like physical placement and each party’s net or gross income.
Who Gets Child Support
A parent has to pay child support either when both parents think it should be paid or when the court orders it to be paid.
Child Support in a Divorce
Child support can be a part of any divorce case that involves children. The child custody and support issues will be decided alongside the other issues like child custody, property division, and alimony.
Child Support in Custody/Paternity
Child support can be part of any custody or paternity case. Support will get decided alongside custody and placement after paternity has been established.
Child Support Adjustments
Once there is a child support order, that order may need to be changed or enforced. If an order is more than 33 months old or a major change has occurred, you can file to modify the orders. Or, if a party doesn’t pay the support, you can file to enforce the current order.
The Child Support Process
The exact process that decides child support depends on whether it is part of a divorce or custody case. This is a general outline of how most cases that involve child support look. For more in-depth information on the process, visit our page outlining what it looks like to work with us from start to finish.
Step 1
Filing
When you file your case, be sure to use the correct paperwork. There are different documents needed depending on the specifics of your case.
Step 2
Temporary Orders
Temporary orders outline how child support will look during your case. They also determine things like immediate property division and custody schedules during the divorce.
Step 3
Mediation
Mediation is an option for parents looking to resolve child support disputes in a more cooperative and civil manner. During this process, both parties work with a neutral mediator to reach a mutually agreeable child support arrangement. Once an agreement has been made, it gets presented to the court for approval.
Step 4
Pretrial Conference
The conference prepares the judge for the trial, or the case can end here if the parties agree on how to settle everything.
Step 5
Final Negotiations
In the time before the trial date, there is one more chance to negotiate a settlement. Many cases that have not yet settled settle here because a trial is expensive. However, when the other party is unwilling to see reason, a trial can be necessary.
Step 6
Trial and Finalization
In the trial, all evidence is laid out and each side makes their case for how the final order should be.
After the trial, the judge makes their decisions and lays out the final orders.
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Key Components
Child support is a part of either a divorce or child custody case. This means decisions around child support are made alongside other topics such as child custody and property division.
To learn more about topics surrounding child support, follow the links provided below. For advice specific to your case, call Sterling Lawyers.
Child Support
Child support is when one parent pays the other to balance out the cost of raising a child. It is most often paid when one parent has the child more often or when one parent makes significantly more than the other.
Child Support Calculator
One parent pays child support when there is an imbalance in income or in placement time. Child support is meant to support the child and create a positive living situation with each parent. How much child support a party pays can be calculated using our child support calculator.
End Support Orders
Child support ends when a child turns 18 or graduates from high school, whichever comes second. Child support can also be terminated in other situations such as when a parent terminates their parental rights.
How Custody Works
The Wisconsin child custody laws outline how the court determines child custody. Custody is the parents’ ability to make major decisions in the child’s life. The court assumes that both parents will share custody unless one parent is a danger to the child.
Placement Schedules
Placement is who the child lives with day-to-day. There are many different placement schedules and the best one for your family will depend on each party’s needs and schedules.
Paternity
Before custody or support can even be discussed paternity needs to be established. Paternity is automatically established through marriage if the parents are married. If not, the parents will need to legally establish paternity in a different way.
Child Custody
Whether there is one child or five, it’s rarely easy to figure out child custody and placement and child support. Parents first try to find a compromise together. If the parents can't agree, the court decides based on the child's best interests.
Divorce
Child support is a common occurrence in divorce cases that involve children. And child support looks the same whether it comes from a custody case or divorce case.
Divorce Types
What type of divorce you get will depend on how well you get along with the other party. If you agree on everything with the other party, it can be an uncontested divorce. If you are able to work with the other party, you can get a mediated divorce. And if you and the other party do not get along, you should get a contested divorce.
Property Division in Divorce
Property division is a major part of divorces because it impacts the finances of both parties. This part of the divorce divides up all assets from the marital home to retirement accounts to debts. Things are generally split 50/50.