Legal Question in Family Law in Wisconsin

Child support overpayment

Several years ago child support did an audit on my case. Because my ex who doesn't work paid support, but was on a percentage order it was determined that I owe him back what was paid. Do I stand a chance in having that dropped by the courts? Also if he inherited but isn't working do I have cause to request an increase in payment?


Asked on 5/19/07, 8:42 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Child support overpayment

You say it was "determined" several years ago that you owe a support refund. You do not say by whom it was determined. If it was a court, I do not see how you could undo that order at such a late date. If not by a court, then by whom?

For several years now support orders have been required (Except in rare cases) to be expressed as fixed amounts. Perhaps your order was converted to a fixed amount.

An attorney would have to examine all the facts, documents, orders and agreements to figure out what the status is.

You do not say why your ex is not working. If he is capable but chooses not to do so, he could be found to be shirking and ordered to seek work and pay child support.

Child support orders cannot be changed retroactively, so you should contact an attorney as soon as possible to see what relief you may be entitled to, at least going forward.

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Answered on 5/21/07, 9:46 am


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