Is It Time To Modify Your Child Support Order?
Your life circumstances often change after a judge issues a child support order. To have the court modify the order, you will need the assistance of an attorney who knows how to navigate the legal process.
Since 1997, the attorneys of Nelson, Krueger & Millenbach, LLC, have been devoted to the practice of family law. We work with custodial and noncustodial parents in Milwaukee, Waukesha and the surrounding areas who find that they need to modify an existing support order. Our goal is to find positive, creative solutions to difficult family problems while avoiding contentious disputes.
Frequently Asked Questions About Modifying Child Support Orders In Wisconsin
When Can You Modify A Support Order In Wisconsin?
In Wisconsin, you must show a substantial change of circumstances, or wait at least 33 months from the date of your last child support order, to request a modification. Some examples of situations in which you might modify child support include:
- Loss of a job
- Significant salary increase or decrease
- Change in the child’s financial needs
- Change in your custody arrangement
- Incarceration of one or both parents
Can child support be modified without going to court?
In some situations, you can negotiate with your child’s other parent to reach a compromise on a new child support arrangement without ever going to court. If your co-parent agrees to a modification, you can resolve the matter in as little as two to three weeks. Conversely, a hearing can take several months.
Is a child support modification retroactive?
Child support modifications are proactive, not retroactive. The court is prohibited from modifying a child support order prior to the filing, and service, of a motion requesting a change. Therefore, it is important to seek the advice of an attorney, and file a motion if appropriate, as soon as you learn of a potential change in circumstances.
Can child support be modified if the custodial parent remarries?
Remarriage usually does not warrant a change in support. The custodial parent’s spouse does not have an obligation to provide financial support to their stepchild. The noncustodial parent, however, continues to have an obligation to provide child support. This is true even if the custodial parent’s financial situation improves due to their new marriage.
How can I win a child support modification hearing?
Having a family law attorney is important to ensure that you present your side persuasively to the court. You will need every bit of evidence you can find of a significant change of circumstances if you hope to win your hearing.
Ask Us About Getting A Child Support Order Modification
We understand that nothing is more important to you than providing for your child’s needs. When you need to modify a child support order, our experienced team will help. Reach out to us to schedule an initial consultation by calling 414-939-0529 or by using our online contact form.