Understanding Wisconsin Child Support Standards
When it comes to child support, the stakes are high and the emotions can run even higher. At Herrling Clark Law Firm, Ltd., we understand that these aren’t just numbers on a page – they represent your children’s future and your financial stability. That’s why our child support lawyers approach each case with a blend of legal expertise and genuine compassion.
Don’t Navigate The Complexities Of Child Support Alone
Wisconsin’s child support standards may seem straightforward, but we know from experience that every family’s situation is unique. Where others might see a simple calculation, we see the nuances of your family dynamics. Our Child Support attorneys dig deeper, and consider all the relevant factors that might warrant deviations from standard guidelines.
Choosing Herrling Clark means partnering with a team that truly listens. We take the time to understand your specific circumstances, concerns, and goals. Whether you’re seeking a fair initial support order, need a modification due to life changes, or are grappling with enforcement issues, we’re here to guide you every step of the way.
Our attorneys can help you with the following family law:
FAQs
Child support is a court-ordered financial contribution paid by one parent to the other to help cover the costs of raising a child. In Wisconsin, these child payments are intended to cover basic support, which includes food, clothing, and shelter. The court may also order that the parents each contribute to variable expenses – additional costs like childcare or tuition. Courts also typically order that parents equally share out-of-pocket medical expenses.
Courts use the “Percentage of Income Standard” for child support, found in the Wisconsin Administrative Code section 150. The calculation applies a certain percentage to the paying parent’s gross income.The calculation starts with the paying parent’s gross income and the number of children:
- 1 Child: 17%
- 2 Children: 25%
- 3 Children: 29%
- 4 Children: 31%
- 5+ Children: 34%
If both parents have the child for at least 92 overnights per year (25% of the time), the court uses a “Shared-Placement Formula” that accounts for both parents’ incomes and the specific amount of time the child spends with each. Contact Herrling Clark Law Firm to learn more about child support.
No, child support is not tax-deductible for the payer and is not considered taxable income for the recipient.
Regarding who claims the child: Federal law generally awards the dependency claim to the custodial parent (where the child lives more than half the year). However, Wisconsin courts often order parents to alternate the claim or split multiple children between them. To allow a non-custodial parent to claim a child, the custodial parent must sign IRS Form 8332.
Child support usually begins considerably earlier than the date of the final divorce or final paternity hearing. Typically, a court will establish a temporary child support order at an initial hearing, held shortly after a divorce or paternity action is filed.
Yes. If child support was not established during the divorce (perhaps because you had equal incomes at the time) or if your circumstances have changed significantly since the final judgment, you can file a motion to establish or modify support at any time until the child reaches age 18 (or 19 if still in high school).
Wisconsin has aggressive enforcement tools for non-payment, including:
- Income Withholding: Direct garnishment from paychecks.
- Tax Intercept: Seizing state and federal tax refunds.
- License Suspension: Revoking driver’s, professional, or hunting/fishing licenses.
- Contempt of Court: A judge can order jail time (up to 6 months) as a “purge condition” to force child support payment.
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