Skip to main content

Wisconsin~~how do I get any child support from my husband, while he works for room and board?

Chippewa Falls, WI |

In November 2012, I left my husband due to a domestic abuse arrest (against him)~which also resulted in additional drug charges (pot, esctasy, mushrooms, meth~and multiple firearms~I was unaware he was a felon, and unaware of the extent of his drug abuse~since he lies and did a good job of sneaking around behind my back)... anyways~he works at his dads bar (his dad owns the business, the property, the house, his vehicle~everything is in his dads name)... my husband does not have a bank account, and has not filed taxes in 8 years (since his father bought the bar). My husband works at the bar for room and board~and just keeps his cash tips. I am staying with my mom and also bartend (on the books). What can I expect? Since he has no income or assets?

Attorney Answers 1


You file a motion for child support and argue that ex is capable of earning X amount of gross income per month. The court can consider earning capacity in setting support. This is not an uncommon situation and, at a minimum, you have an argument to say ex could work full-time at minimum wage. Collecting the support is a different matter, but it is still better to have a support order in place. Hope this helps!

My answer does not make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements I make. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at You can also visit for more information.

Mark as helpful

1 found this helpful

4 lawyers agree


Nicholas J.B. Pasquale

Nicholas J.B. Pasquale


the term "ex" is interchangeable with "husband". Even if you are still married, you can request support



Thankyou~~we just haven't decided to file for divorce yet. As a follow up (which pertains to this situation)~I was unaware of my husbands drug abuse (I found out he was using at the bar, or while I was away at work)~~he is a good father and loves our 9 month old daughter...but I am hoping the court will grand supervised visitation for him to see her (until he can prove he is clean~I do not want our daughter around the drugs at all~that is why I left him)... he also has a court date for child support on feb 7th~~and I guess if he doesn't show or come to an agreed amount~the actual court date is feb 14th... and no, I am not trying to take him for money or anything~I know he doesn't have much~but I do need alittle financial help with our daughter is all. Anyways~my question is~what do I need to do to get some sort of supervised visitation (temporary~until he gets clean)? Any tips to help me prepare for court would be great. (Also~all of his criminal charges~he is going to court for that later in feb)~~and, since I left his residence nov. 26th 2012~and haven't been back since (staying with my mother now)~will he also be responsible for back child support?

Nicholas J.B. Pasquale

Nicholas J.B. Pasquale


To get supervised visitation, or at least argue for it, you will need to file for divorce or legal separation and request a temporary order hearing. Until then there is no order on placement - what this also means if that you tell your husband that placement needs to be supervised right now, you are not in violation of any court orders. With respect to back child support, you can only get retroactive child support to the date you filed your motion for child support. If there is already a hearing scheduled, then a motion has been filed and you can get support back dated to the date the motion was filed.

Child support topics

Recommended articles about Child support

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics