Legal Question in Family Law in Wisconsin
Support payments subject to change?
I am a divorced woman in wisconsin, and I share custody with my ex-husband 50/50. I pay him child support because at the time of the hearing I was making much more that he. Now he makes more money and he became engaged to be married (he is living with her). Their household income has increased greatly...can my support payments be lowered? and how about when they get married? Does household income matter or would she need to adopt them for these things to change?
2 Answers from Attorneys
Re: Support payments subject to change?
Department of Workforce Development Child Support Guidelines changed in January, 2004. However, implementation of the new law does not constitute a basis to have the child support order reviewed. In order to modify a child support order there must be a substantial change of circumstances since the last order has been entered. The burden of proof is on the party filing the motion to prove and meet the elements set forth in �767.32 Wis. Stats. There is a filing fee to file a petition/motion for revision of judgment as it relates to child support payments and the court will look to the number of overnights or equivalent each party has with the children and the parent's respective gross income.
This is not legal advice. This is an answer to a general question without all the facts being present. Please contact me at (262) 642-4368 to discuss this further.
Victoria A. Oleniczak
Re: Support payments subject to change?
Hello,
The change of income should be a basis to go back into court and have child support reviewed.
If he gets married, her income will not count toward child support. It would be best for you to retain a lawyer to review options.
Best wishes, Mark J. Mahoney
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