When parents divorce they usually share parenting responsibilities. Oftentimes, children reside primarily with one parent and have regular visitation with the other. The non-custodial parent typically pays child support. Child support is usually part of a court order. The parent must make the required payments or face legal action. As time goes by, support payments may need to be changed. A change in child support is also called a modification. A knowledgeable family law attorney will help with child support modifications.
Child Support Modification
A modification of child support may be warranted when the parent’s income changes or when the child’s needs change. In order to request a child support modification in Wisconsin there must be a significant change in circumstances to warrant it. Either parent may request a modification hearing through the court. The judge will review information from both parents and make a decision that is in the best interests of the child. Once a child support order is in place, it may only be modified through a court order.
Reasons for a Child Support Modification
There are several reasons why a parent may need to request a modification to child support. One reason to change a child support order is when the child’s living arrangements change. The primary custodial parent might change and child support would no longer apply. When a parent’s income increases significantly, the amount of child support they pay might need to increase accordingly. If a parent loses their job or has a drop in income, they may be unable to pay the ordered amount.
Reviewing a Child Support Order
Wisconsin statutes allow for a motion for modification of child support if it has been more than 33 months since the date of the last order. Parents have the right to request a child support review every three years. The child support agency will send a notice to both parents as a reminder that the three-year review is possible. Either parent may request a review of child support as long as it has not been reviewed in the last three years. A review of the child support order does not guarantee a modification. There must be adequate documentation to support a modification.
Substantial Change in Circumstances
A review may be done more often than every three years when there has been a substantial change in circumstances and when a parent makes a request. A substantial change is something that significantly impacts the life of a child or parent. An income change that would change the child support order by $50 or more is usually considered significant. Other substantial changes are when the court changes a child’s placement or when a paying parent is in jail.
Even if you are granted a review of child support, it will not automatically lead to a modification. The court must find that there is a need for a modification. Both parents are able to present their case to the judge who will make a decision based on facts and what is best for the child. To learn more about child support modifications, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online for a consultation.