Fairly Sharing Costs Through Financial Support Arrangements

Child support and maintenance are often contentious topics. The support-paying party may have concerns about the amount they pay or how the other party will use the money. The support-receiving party may also have concerns about the amount as well as issues of nonpayment or delayed payment.

At Friedrich & Fletcher, S.C., our attorneys passionately advocate for parents, former spouses and children. Whether you anticipate paying or receiving support, our experienced legal team can work toward a fair outcome. In divorce proceedings, child custody disputes and post-judgment enforcement, we will be your allies.

Child Support Primarily Serves The Child

Child support is set depending on a number of factors, including the number of children, their placement schedule, the parents’ respective incomes, and the parents’ sharing of the children’s costs. In general, in Wisconsin, child support is set based upon guidelines, unless the court determines or the parties agree to do otherwise.

In addition to regular child support payments, parents and the court need to determine how the parties will pay their children’s future variable costs, including child care costs, uninsured health care costs and expenses for the children’s activities. They also need to determine how the dependency exemption(s) will be allocated.

How Spousal Maintenance Is Determined

Maintenance is the word Wisconsin courts use for alimony or support from one spouse for the other. Maintenance ends at the death of either party, the remarriage of the recipient, or on a date as agreed by the parties or ordered by the judge.

Wisconsin statutes set out several factors the court must consider in deciding whether or not the maintenance should be awarded, and if so, the amount of the payments and how long they must be paid. In general, the court must consider the need of a dependent spouse for support, the ability of the other party to pay the support, the contributions of each party to the other party’s education or earning power, or to their marriage and the fairness of the overall settlement, including the property division.

If maintenance is ordered as part of the parties’ final judgment of divorce, the court usually retains the power to make changes in the maintenance order after the divorce is done, if there is a substantial change in the parties’ financial circumstances. On the other hand, if parties waive, or give up, maintenance as part of their final settlement or judgment, then they can never ask the court for maintenance in the future.

Answering Frequently Asked Questions Regarding Child Support And Maintenance

When our clients are navigating child support and maintenance matters, they often have many questions about their rights and responsibilities. As we represent you, we can address your concerns and provide clear guidance tailored to your situation. Some of the most common questions we hear from our clients include:

How is child support calculated in Wisconsin?

Child support in Wisconsin is determined using state guidelines that consider factors such as the number of children, the placement schedule, and the parents’ respective incomes. The court may also evaluate how the parents share the costs of raising the children. While the guidelines provide a baseline, the court can deviate from them if both parties agree or if special circumstances warrant a different arrangement.

Can child support orders be modified in Wisconsin?

Yes, child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income, job loss, or changes in the child’s needs. Either parent can request a review of the order through the court. It’s important to consult with an attorney to ensure the modification process is handled properly and fairly.

What happens if a parent fails to pay child support in Wisconsin?

If a parent fails to pay child support, enforcement actions can be taken, such as wage garnishment, tax refund interception, or even license suspension. Wisconsin courts take nonpayment seriously, as child support is intended to meet the child’s needs. Seeking legal assistance can help address nonpayment issues and ensure compliance with court orders.

How long does spousal maintenance last in Wisconsin?

The duration of spousal maintenance depends on the specific circumstances of the case. It may be temporary, lasting only during a transitional period, or long-term, depending on factors like the length of the marriage, the recipient’s financial need, and the payer’s ability to provide support. Maintenance typically ends upon the death of either party, the remarriage of the recipient, or as specified in the court order.

Are child care and extracurricular costs included in child support?

In Wisconsin, child support typically covers basic living expenses, but additional costs like child care, uninsured medical expenses, and extracurricular activities are often addressed separately. Parents and the court may establish agreements on how these variable costs will be shared. It’s essential to clarify these arrangements during the child support process to avoid future disputes.

Seek Legal Advice For Your Finances

Whether your case involves the care of a child or preserving a lifestyle, support and maintenance are critical subjects. Our Madison-based attorneys can counsel and represent you. Call 608-258-4660 or email our firm in Wisconsin for a free family law consultation.