Child support is a crucial aspect of family law that ensures children receive the financial support they need after their parents separate or divorce. In Wisconsin, child support payments are determined by a set of guidelines designed to provide fairness for both parents while prioritizing the child’s best interests. Understanding how child support is calculated can help parents navigate the process and ensure that their children’s financial needs are met.
The Basics of Child Support in Wisconsin
In Wisconsin, child support is typically calculated using the percentage of income standard, a formula set by the state that takes into account the income of the paying parent (the non-custodial parent) and the number of children being supported. This method provides a straightforward way to determine how much financial support is required to help cover the child’s basic needs, including housing, food, education, and healthcare.
Standard Percentage Guidelines
The Wisconsin Department of Children and Families has established the following percentage guidelines for child support payments based on the number of children:
- 17% of income for one child
- 25% of income for two children
- 29% of income for three children
- 31% of income for four children
- 34% of income for five or more children
These percentages apply to the paying parent’s gross income, which includes wages, salaries, bonuses, commissions, rental income, and other sources of earnings.
Adjustments to Standard Child Support Payments
While the percentage of income standard is the starting point for determining child support, adjustments may be made based on specific circumstances, including:
1. Shared or Split Placement
If both parents share physical placement of the child, meaning the child spends significant time with both parents, child support may be adjusted. In shared placement cases, the court considers each parent’s income and the time spent with the child when calculating child support payments.
In split placement cases, where each parent has custody of at least one child, support is calculated separately for each child and then offset to ensure fairness.
2. High-Income or Low-Income Parents
For parents with high incomes, the court may adjust child support amounts if the standard percentage would result in an excessive or unfair payment. Similarly, for low-income parents, child support payments may be reduced to ensure that the paying parent can still meet their own basic living expenses.
3. Additional Child-Related Expenses
Child support may also be adjusted to account for:
- Medical expenses, including health insurance and out-of-pocket costs
- Childcare costs, especially if both parents work
- Educational expenses, including tuition and extracurricular activities
These additional costs may be split between the parents to ensure the child’s needs are met fairly.
Modifying Child Support Orders
Life circumstances change, and Wisconsin law allows either parent to request a modification of child support if there is a significant change in financial status, such as:
- Job loss or a substantial change in income
- A change in custody or placement arrangements
- An increase in the child’s needs, such as medical or educational expenses
To modify a child support order, a parent must file a request with the court and provide documentation supporting the need for a change.
Conclusion
Wisconsin’s child support laws are designed to ensure that children receive adequate financial support while maintaining fairness for both parents. By following the percentage of income standard and considering factors such as shared custody, additional expenses, and financial changes, the courts aim to create balanced and reasonable child support orders.
If you are navigating child support issues, working with an experienced Milwaukee family law attorney can help ensure that your rights and your child’s best interests are protected. Whether you are seeking to establish, enforce, or modify child support, legal guidance can help you achieve a fair and just outcome.