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Obtaining more placement of child & pay less childsupport, if this is what the kid wants, but his mom denies any requests.

De Forest, WI |

My husband has Joint custody he was granted in the divorce, he gets his son everyother weekend he had to pay childsupport. The son's step dad had a job offer in Ohio, they would stop child support if he allowed him to move, that took place.A year later they moved back, The son likes to come here every other week in the summer he wants to come every weekend,(he is 14), so 6 years after being back in WI, the mom decides to get Child support again, stating her husbands Cobra ins. is about to run out, We have offered to cover him on our Health ins. the mom denied becuase she can add him to hers at no cost,(which is why she wanted Child support) She also denied us to have him more and said she allows him to see his dad. Would it be easy to get more placement of him and pay less child support?

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Attorney answers 1


First of all child support is the childs not the parents. So, a parent can not make agreements on child support (that are enforceable). So, her getting child support back takes but a phone call.

Courts like to maintain status quo. That is the barrier to changing placement of the child. But you can always ask. At least until AB 29 is passed. AB 29 limits your ability to make such requests to the court. It increases the requirements for the first 2 years and makes what we have now in the first 2 years for the rest of the childs life. Basically the statute will reduce changes for the balance once passed.

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