Waukesha Child Support Lawyer
Experienced family law attorneys serving Southeast Wisconsin
According to the law, children have the right to receive financial support from both parents. The amount of support is strictly determined by a complicated equation. The court has very little authority to deviate from this equation except in limited circumstances. Your lawyer needs to make sure that child support is calculated correctly and is fair to both parties and the children.
How is child support calculated?
Child support is calculated by a formula written into Wisconsin's child support law. The formula is based on the number of children, the placement (visitation) schedule and the income or earning capacity of each parent.
The Department of Workforce Development has an online child support calculator. The calculator can provide a preliminary idea about child support in your case; however, determining the correct amount of child support is more complicated than simply filling out a questionnaire.
Specialists are sometimes needed to calculate child support
If your spouse owns a business or has multiple sources of income, it may be difficult to determine or calculate his or her exact income. Identifying this income may require the use of experts, such as forensic accountants or business specialists.
We often use experts in matters that may affect the determination of income for a stay-at-home, self-employed or part-time employed spouse. The judge may determine that this party does not earn enough and must work more to their highest ability. The judge’s order may affect child custody and placement (visitation) as well as the welfare of the children involved. We can consult with various experts depending on the facts of your case to evaluate the impact of requiring the custodial spouse to work.
Our experience can help you reach a fair child support agreement
If child support is not calculated correctly or if income is not determined accurately, someone will suffer. One parent may have to pay too much or the child may end up receiving too little. Our lawyers' experience is a valuable tool in making sure agreements conform to the law.
Post-judgment modifications and enforcement
We also handle post-judgment issues that arise after the initial child support determination. If one parent's income changes, the child support order may need to be modified.
If one parent fails to pay child support, the other can file a contempt or an enforcement action. The court can order the nonpaying parent to pay back child support payments that have accumulated, known as arrears.
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