Legal Question in Family Law in Wisconsin

Father wondering about getting child support raised from the children's mother

What are the laws in Wisconsin when it comes to asking for an increase in Child support. My and my husband have custody of his two children aged 8 and 12. The mother was ordered to pay a set amount of 264.00. Could you please tell us if we have any chance of getting the support raised for our reasons below?

1. She has been cutting back the times on the weekends that she is supposed to take them and does not always take them every weekend.

3. Does not take them during the summer every other week.

4. The girls would like to go to week-long functions during the summer for church which can get expensive.

5. The youngest child is disabled and would like to get extra help for her dyspraxia.

6. They are getting older and need more things such as clothes, food at school, activities at school, sports at school, sports during the summer, activities at church.

7. She does not put them on her health insurance as ordered. Does not pay any health insurance for them. She does not pay for half of the agreed upon expenses when it comes to dental work or hospital bills.

8. The oldest child is getting to the age where she will be needing yearly checkups.

9. Last child support check was January 18, 2003.


Asked on 4/11/03, 12:01 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Father wondering about getting child support raised from the children's moth

Hello,

The biggest thing in favor of a raise is a higher income for the payor. You did not mention if this existed; if not, it might be hard to get an increase. Increased expenses are important to argue, but unless there is increased revenue, then it would be tough. Some of the other things on your list you might be able to get enforced in court (like timely payments, healh insurance compliance, etc.) but the court usually does not award more support as a punishment for other things that are not done right. Usually things are kept separate. This is not legal advice, rather just some general observations. You will have to talk to an attorney about your case in detail to get legal advice to rely on. Thanks, Mark J. Mahoney

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Answered on 4/15/03, 10:02 am


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