Ratings. Guidance. The Right Lawyer.
My ex-husband is taking me to court.
Menasha, WI
Viewed 10 times.
Posted 24 days ago in Child Support
Flag as objectionable
My ex is taking me to court because he doesn't want to pay child support. He is planning to go to school full time and collect unemployment. This is a huge financial blow and I'm wondering what the likelihood is for the judge to enforce a minimum child support payment. My ex has a DJ business which he gets paid cash for..assuming he won't claim it, so that he can continue to collect unemployment and not pay child support. According to calculations..his income vs mine, he would have to pay me $27 per month. Currently he is ordered to pay $750 a month. I am expecting a reduction, but not that much! What do you think the judge will say? Are his assets considered? His/my financial obligations?
Answers (1)
Ronald K. Phillips
This attorney is licensed in Wisconsin.
Posted 22 days ago.
Flag as objectionable
Courts will review child support when there are "substantial changes in circumstance" and his decision to go to school full time would certainly change his economic circumstances.
Wisconsin has a percentage-based child support policy that is ordinarily used (sounds like you're already familiar with that) and the courts have to follow the percentage guidance UNLESS that would be unfair to either party. The court will consider pretty much anything dealing with yours and his financial situation including any income, assets, expenses - the whole package. The courts really bend over backwards to make things fair, and the first step is to put together a complete financial disclosure for the court. The child support modifications are usually held before a court commissioner along with an attorney for the child support division in your county, and you don't necessarily NEED an attorney but you may want to consult one either to represent you in that hearing or at least to make sure you bring forward all of the facts that will bear weight on the commissioner's ruling. Good luck! |
