Legal Question in Family Law in Wisconsin
Child support payments
My findings of fact state - ''If the child support payment is a fixed sum, it shall be adjusted annually commencing December 1, 2006 based on a change in the joint-petitioner earnings. Application to the Court for adjustment must be made by the recipient of the child support payments at least twenty days before the effective date of the adjustment and is required in sec. 767.32(2), Stats
Can an adjustment be made retroactively? I was unaware of this stipulation and my child support will be ending in June 2009 as my daughter will turn 18.
I have requested W-2's but have not received.
1 Answer from Attorneys
Re: Child support payments
The provision you quote is standard type of provision for an annual review without having to file a motion to modify support. It is only ONE way to change child support. You can file a motion to change support at any time so long as there has been a substantial change of circumstances. A child turning 18 AND graduating from high school is clearly a substantial change of circumstances.
Because child support can NOT be changed retroactively you should file your motion to terminate child support a month or so BEFORE the child is 18 and graduates from high school(if you need such a motion).
However I recommend that you contact the child support agency in your county to see if you need to file a motion. Sometimes the support can be terminated by providing proof that the child has turned 18 and has graduated or quit high school.
If such a procedure is NOT available to you you still may be able to terminate support by getting the person who is receiving the support to sign a stipulation - there should be no reason for that person NOT to agree under those circumstances.
If you are in doubt contact an attorney, but do so BEFORE the child is 18 (and graduates from high school).