Child support is money paid by one parent to the other to provide for the needs of their child. In Wisconsin, both parents are generally considered legally responsible for financially caring for their children. Typically, children reside primarily with one parent while the other parent has regular visitation. The non-custodial parent usually pays child support to the custodial parent for the needs of the child. Child support is ordered by the court either as part of divorce proceedings or as a paternity or custody order. Once in place, parents must both follow the order until any modification is made.
How Does Review of Child Support Happen?
There are three main ways that a court may review child support after the initial support order. These include an automatic review, a request for review, or a review by court order. These options offer ways to modify an original order. Modification may be needed when the income of a parent changes or when the cost of caring for a child changes, for example.
Automatic Review of Child Support
Wisconsin law requires a review of a child support order automatically every three years. This is done in cases where the state is involved in supplemental payments through various programs. For example, an automatic review will be done in cases where a parent is receiving benefits through the Kinship Care program, the W2 program, or an SSI Caretaker Supplement program. Both parents will be required to submit proof of income and other documentation that the court will review during the process.
Request for Review
Either parent may request a review of child support. Parents may request a review if it has been at least three years since the last child support review. A modification may be warranted when there is a substantial change of circumstances. A change of circumstances may be financial. For example, a parent may have lost their job or have a significant decrease in pay that will not allow them to make the required payments.
Sometimes, a parent’s pay is increased, so they should pay more child support. If the child has some particular medical or other needs that require additional payments, the amount of child support may need to be reviewed. In some instances, a parent is incarcerated, which requires a change to the child support order.
Modifications Must Be Done Through the Court
Changes to child support may only be made through the court. Even when a review is done, it does not automatically mean there will be a change in child support. The judge will weigh all factors to make the final decision. In some instances, parents may both agree to a modification. In that case, the parents still need to request a modification through the court.
The court will review the modification, and if they agree, they will approve it. When the court reviews and approves a modification, the new order supersedes the original order in place. It is important to seek a modification whenever one is warranted because your child has needs that parents must meet.
Child support modifications can be complex and challenging. It is helpful to seek guidance from an experienced attorney. If you are seeking to modify a child support order or challenge a potential modification, we can help. Contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.