Child support serves an important function in Wisconsin. It provides necessary financial support to care for a child and allows a parent to meet their child’s basic needs.
Both parents have a duty to financially support the child. The amount of child support awarded in Wisconsin is determined by child support guidelines.
Child support guidelines
The guidelines are statutory, which means a court is legally required to use a certain formula when calculating child support. The general formula under the guidelines is the incomes of each parent and the number of overnights each parent has according to the placement schedule.
Income is defined as gross income from all sources, with only a few exceptions. If parents share placement of the child, a court examines each parent’s income and calculates child support accordingly. When each parent’s income is roughly equal, there is a chance that neither parent will be obligated to pay for child support.
When one parent files for child support, both parents must fill out a financial disclosure that documents all income and expenses. A copy of the current placement schedule is also necessary. This information is then compared with the guidelines.
Factors are used when considering modification
The child support guidelines are typically all that is necessary for a court to set a sufficient amount of child support. However, courts are allowed to deviate from these statutory guidelines based on a set of factors.
Some of the factors a court might consider when determining child support include:
- Each parent’s financial resources
- The child’s health
- The cost of childcare
- The earning capacity of each parent
For example, if you and your co-parent share placement and make generally the same income, under the guidelines you may not qualify for any child support. But if you provide evidence that your child has a medical condition that requires you to pay a significant amount of monthly medical costs, a court could adjust your child support amount upward.
Supporting other children is another factor a court considers. A parent who is already supporting children from another relationship may be ordered to pay a lesser amount than the guideline calculation.
Although each family’s situation is unique, you should not count on receiving child support above the guidelines. Although courts may modify the amount of child support, you must present strong evidence showing why modification is necessary. Overall, a court’s decision is based on the best interest of the child.
Courts take child support seriously
A child must have proper financial support to have an enjoyable life and thrive. Not paying for child support in Wisconsin comes with serious penalties.
When a parent fails to make child support payments, a court can impose sanctions such as garnishing tax refund checks or even jail time.