Legal Question in Family Law in Wisconsin
Child support
I have my 2 kids 65% of the time, my ex sold his business in October and has had no income, but I work full time. What are the chances of me having to pay him support vs him paying me support.
1 Answer from Attorneys
Re: Child support
The child support guidelines take into consideration the incomes of BOTH parties provide each has placement at least 25% of the time. There is an online child support calculator you can use to plug in various incomes to see what the guidelines say the support should be. See: http://www.dwd40calculator.com/
However the guidelines do not have to be used if they would be unfair to any party. So why did your ex sell the business? Was it failing? Was it successful and did he make a big profit? Is he starting another business? Is he looking for a job? Is he malingering? You may be able to get a "seek work" order. Is there an existing child support order? If not, why not? If there is one, what does it say?
The answers to these questions, and more, are all necessary to answer your question. And incidentally child support is based upon ALL income, not just income from employment. If there was a gain on the sale of the business it may be subject to child support.
From the sound of your question, you should be investigating to determine if your ex is doing what he ought to be doing. As child support cannot be modified retroactively, you should do this sooner rather than later.