Waukesha County Child Support Attorneys
If you have concerns about providing for your children after a divorce, we can help.
Under Wisconsin family law, whenever a judge enters a judgement for divorce or legal separation or issues a custody order, he or she is also required to make a determination about child support. This requires the application of complex formulas that take into account a number of factors, including income, the number of children being supported, and prior support obligations. This process is also complicated by the fact that significant changes to child support law in Wisconsin went into effect on July 1st of this year. To learn more about the child support laws in your area and how they could affect your own family, please contact a Waukesha County child support lawyer who has the resources and experience to assist you.
Calculating Child Support
Child support payments are calculated based on a percentage of the non-custodial parent’s base income that varies depending on the number of children being supported. For instance, child support for one child is equal to 17% of the payer’s income. Two children, on the other hand, will require larger payments, totaling 25% of the payer’s income. Other relevant percentages are as follows:
- 29% of the payer’s income for the support of three children;
- 31% of the payer’s income for the support of four children; and
- 34% of the payer’s income for the financial support of five or more children.
It is important to note that if the non-custodial parent is already making pre-existing child support payments, that amount will be deducted from the payer’s base income before the percentage standard will be applied.
When two parents provide equivalent care for a child, courts have discretion to apply the shared-time formula, but only if:
- The support order states that the parents will share placement of their child for at least 25%, or 92 days of the year; and
- The court orders each parent to assume responsibility for the child’s basic support costs, such as food, clothing, and shelter, in proportion to the amount of time that the child spends with each parent.
This rule can apply even when one parent cares for a child during periods of time that are not necessarily overnight, but which are determined by a judge to be the equivalent of an overnight visit. For instance, courts generally consider two, half-day blocks of at least six hours, to be the equivalent of one overnight visit. After calculating how much time each parent spends with the child, the court will order both parents to provide for the child’s basic support costs in proportion to the time that they actually care for the child.
Calculating child support can be complicated. At MacGillis Wiemer, LLC, we are uniquely equipped to help parents understand and comply with their child support obligations. Please call us today to learn more.
Contact Our Dedicated Waukesha County Legal Team Today
If you are interested in learning more about child support laws in Wisconsin and how they could affect your own post-divorce responsibilities, please contact one of the experienced child support lawyers at MacGillis Wiemer, LLC by calling 414-727-5150 or by filling out one of our brief online contact forms.