Use this Wisconsin child support law to learn about your
child support rights and responsibilites.
How is Wisconsin child support determined?
In Wisconsin, either parent may be ordered to pay child
support, health care expenses and health insurance coverage for the child. The
courts consider the best interests of the child and the following factors:
- the financial resources of the child
- the standard of living the child would have enjoyed if the
marriage had continued
- the physical, mental and emotional and educational needs of
the child
- the parent’s financial resources, income, earning power,
needs and obligations
- the age and health of the child
- the best interest of the child
- maintenance received by either party
- the desirability of the parent with custody to remain in the
home as a full time parent
- the cost of day care if the parent with custody works outside
the home, or the value of the child care provided by the parent
- tax consequences
- any joint custody arrangements
- any extraordinary travel expenses incurred by exercising a
the right of physical placement
- the needs of any person, other than the child, whom either
party is obliged to support
- any other relevant factors
The courts may order a parent to seek employment. Also, they
courts may order alimony and child support payments to be combined into one
"family support" payment.
There are official Wisconsin Child Support guidelines, designed
to be in the best interests of the child, that the courts use to help determine
the correct amount of child support. The guidelines will be followed, unless
the parents have agreed to a child support amount approved by the courts, or
the courts determine the guidelines are unjust for a particular case.
The state guidelines are generally based on a percentage of the
net income of the parent ordered to pay child support, as follows:
- one child 17%
- two children 25%
- three children 29%
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
Wisconsin's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement, then the courts will make these decisions.
In Wisconsin, joint or sole custody may be awarded. The courts
use the terms "legal custody and physical placement." These decisions will be
made based on the best interests of the child and the following factors:
- the preference of the child
- the parents’ wishes
- the child’s adjustment to home, school, religion and
community settings
- the mental and physical health of all involved
- the relationship the child has with each significant family
member
- any findings or recommendations by a neutral mediator
- whether child care is available or not
- any history of domestic abuse
- any history of drug or alcohol abuse
- whether one parent is likely to interfere in an unreasonable
manner with the child’s relationship with the other parent
- the the reports of appropriate professionals if used when
legal custody or physical placement is contested
- any other relevant factors
The sex and race of each parent is not considered in custody
decisions.
Wisconsin's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If it is not, then the courts may
require either parent to provide health insurance coverage for the child.
Usually, if a reasonable medical insurance plan is available
through one of the parent’s employment, they are required to cover their
child on it.
How permanent are the provisions for Wisconsin child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including Wisconsin, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. The payments are withheld much like income tax is
withheld from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
Joint custody is now widely recognized by parents, courts and
state legislatures as the preferred parenting plan in much of the nation.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Often one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Wisconsin determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. When the courts have not
awarded the parents with the equal-time alternating residential care provision,
and the parents cannot agree to exactly when visitation will occur, the
standard visitation schedule accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
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