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What type of evidence can the father show to lower his child support payments to the mother?

Milwaukee, WI |

Me and the father of my 6 yr old son are not married. We have a court date this Tue to determine 50/50 placement (which I agreed to our own schedule) and child support. He is trying his best to end up not paying or paying less in child support. He is a good father and has been there for him, that is why I decided to give him 50/50. But now I want the court to determine child support. His income is 30,000 more than mine. He believes that by having our child in extracurricular activities, having him a savings account and life insurance, health insurance, and providing a roof, clothes and food from his side will lower down his child support. Is that true? What type of things could he show that will benefit him to pay lower on child support?

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Attorney answers 2


The Court will apply DCF 150 shared placement guidelines in determining child support. There is a specific formulation that takes both your incomes into consideration. You would be required to share all variable expenses equally. Child support can also be adjusted based upon one half the difference between the premium for single and family coverage for that portion of insurance premium for your child. If his income is significantly greater than yours, he will still be paying child support, just a reduced amount since he will have the child more and will be paying more variable expenses.


This inquiry is very similar to a few others, and I suspect from the same poster. Bottom line for what you are seeking (certainty): contact and discuss you matter with a Wisconsin licensed attorney that specializes in child support. This forum will only give you so much info, and cannot address your actual concerns to the level you desire. A review of all the information by a specialist will provide you as much certainty as possible. While the statutes and guidelines are present, for exactly the reasons laid out, your case has unique aspects. Much less the procedural posture is not completely clear for me (is this an initial custody and placement determination?). If so, is there an existing support order (temporary or other)? Look, the guidelines are 'most probably' where you are headed, but it is impossible to tell without a personal interview. Good luck.

This answer is for informational purposes only. Please select "Helpful" and/or "Best Answer" if appropriate. Realize, by answering this question, no attorney/client relationship is created between the question poster and JCWB ESQ LLC. Although the response is an effort to assist, with the facts presented, it may not be appropriate and/or the best solution for your entire situation. The best way to handle any legal problem is to seek the advice of an attorney licensed in the jurisdiction where the issue arises.

James CW Bock

James CW Bock


I would add, there are many ways to skin a cat (so to speak). While all of the prior answers are basically correct, your situation may not call for an equal sharing of unreimbursed expenses or an equal sharing of variable expenses. Just because most cases seem to go that way, it may not be appropriate for you. Thus I cannot suggest strongly enough, especially if you are before a Family Law Commissioner whose decision and order can be appealed directly to a circuit court, contact a Wisconsin licensed attorney that specializes in Child Support Monday morning. It will be worth the $100 to $200. Good luck.

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