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If I get sole custody/placement of my child, do I still collect child support?

Mukwonago, WI |

My soon-to-be ex is willing to give me full placement and custody, with occasional visitations. Do i still get child support? Or does this mean he is completely out of my daughter's life (money wise)? Thank you!

Attorney Answers 6

Posted

Yes. Your ex has a continuing child support obligation which can not be waives by you. His obligation for payment of child support would only discontinue if his parental rights were terminated in children's court and a step parent adoption took place by your new spouse, if you choose to do so.

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Paul J. Milaeger

Paul J. Milaeger

Posted

The amount of child support that is required to be paid is 17% of the gross monthly income for 1 child, 25% for 2 children and 29% for 3 children. If you have an attorney you should discuss it with him/her in detail.

Posted

Child support is determined using DCF150. If you search "WI DCF150" you will be able to review the guidelines for yourself, but...

If he has less than 25% placement then you have Primary Placement and that means with one child you receive 17%, for two children it is 25%, three children it is 29%...

WALWORTH, ROCK and JEFFERSON County Divorce/Family Law Attorney - Atty Richard Missimer does answer questions on Avvo strictly to be helpful but these do not constitute legal advice. These answers do not establish an attorney/client relationship. If you would like my help and are within my practice area, contact me at (262)565-8200 for a FREE CONSULTATION.

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Asker

Posted

Thank you! I was just making sure that by him basically giving up 100% on us that we will still be getting the 17%.

Posted

I agree with Mr. Missimer

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Posted

The way your question is worded, you seem to be under the impression that the father "pays" you for the right to have placement with his children. Generally speaking, child support and periods of placement are separate issues. The exception is that as the placement schedule approaches shared placement (50/50), there is a formula that is used to calculate the support. You may learn about this at: http://milwaukeechildsupport.pro/articles/calculatesupport.html

This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.

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Asker

Posted

Thank you!!

Posted

Even parents with no placement have a duty to support a child. If you have one child together, he would pay 17% of his gross income to you as child support. That should be done through a court order, with automatic wage garnishment to ensure that you receive the required support. He must also inform you of his actual income so support can be set at the correct amount.

This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.

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Asker

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Thank you!!

Posted

To explain further, custody doesn't affect whether or not child support is paid. Custody is the right to make decisions regarding children. For example, the doctors, dentists,daycare providers, schools and activities in school or outside of school are important decisions that have to be made. If you have sole custody that means that the other parent can not make those decisions or any other decisions. Child support is paid based on the amount of time that a parent has with the child(ren).

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