When parents in the Badger State decide to live apart, the well-being of their children remains the top priority. One of the most critical parts of this transition is ensuring that the kids have the same financial opportunities they would have had if their parents stayed together. This is where Wisconsin child support comes into play. It is a system designed to share the costs of raising a child between both parents, regardless of who the child lives with most of the time.
In Wisconsin, the law assumes that every child has a right to financial support from both parents. Whether you are going through a divorce, a legal separation, or were never married, the rules for Wisconsin child support are structured to be fair and predictable. However, the math behind these decisions can quickly become complicated. This guide breaks down the rules, the calculations, and the enforcement process in plain language.
How does Wisconsin decide who pays child support?
In the Wisconsin legal system, both parents are responsible for the costs of food, clothing, housing, and medical care for their children. Usually, the parent who has the child for less than 25% of the year (fewer than 92 overnights) is the one who makes child support payments to the other parent.
The court considers "gross income" to begin the process. This isn't just the amount on your paycheck after taxes. It includes almost all incoming revenue, such as wages, bonuses, workers' compensation, and certain government benefits. The goal is to get a clear picture of what a parent can afford to contribute to the Wisconsin child they support.
What are the standard percentages used for a child support order?
Wisconsin uses a "Percentage of Income Standard" for many cases. This is a set of fixed percentages that the court applies to the paying parent's income. This method is common when one parent has primary placement (the child lives with them most of the time).
The percentages are based on the number of children involved in the child support order:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 34% for five or more children
It is important to remember that these are just the "standard" numbers. A judge or a court commissioner has the power to change these amounts if they find that the standard percentage is unfair to the parent or the child.
How does shared placement change the math?
Today, many families use a shared placement arrangement. In Wisconsin, this is defined as a situation where both parents have the child for at least 25% of the year (at least 92 overnights). When parents share time this way, the child support order is calculated differently.
Why is the shared placement formula more complex?
The court doesn't consider only one parent's income in shared placement cases. Instead, it looks at both parents' incomes. The logic is that when a child spends significant time in both homes, both parents are directly responsible for expenses such as groceries and electricity. The formula reduces the support the higher-earning parent pays to account for the costs the lower-earning parent already covers while the child is with them.
Can a judge ignore the standard guidelines?
Yes. While the percentages mentioned earlier are the starting point, they are not set in stone. If a parent can prove that the standard amount is too high or too low, the court can "deviate" from the guidelines.
What reasons allow for a change in support amounts?
The court looks at several factors when deciding to change a child support order:
- Special Needs: If a child has medical issues or educational needs that cost a lot of money, the support may be increased.
- Travel Expenses: If the parents live far apart, the cost of moving the child back and forth for visits can be subtracted from the support amount.
- Other Support Obligations: If a parent is already paying support for children from a different relationship, the court may lower the new amount.
- Earning Capacity: If a parent chooses to work a low-paying job on purpose to avoid support, the court can "impute" income. This means they charge the parent based on what they should be earning, not what they actually earn.
Where can I find child support payment information?
The state of Wisconsin makes it easy to track your account through the Department of Children and Families (DCF). Most parents use the Child Support Online Services (CSOS) portal. This is a secure website where you can see your payment information in real-time.
How do I check my account balance?
You can log in to the CSOS system to see the last two payments made or received. If you prefer the phone, you can call the KIDS Information Line. This automated system is available 24/7 and provides the most recent payment information to anyone with their case number and PIN. Staying updated on your account helps ensure that you are following the court orders exactly as written.
Child Support Calculation Methods
Type of Case | Calculation Method | Key Feature |
Primary Placement | Percentage of Income | Based solely on the payer's gross income. |
Shared Placement | Shared Income Formula | Considers both parents' income and overnights. |
Split Placement | Combined Percentages | Used when one child lives with Mom and one with Dad. |
High Income | Adjusted Percentages | Percentages drop once income passes certain levels. |
Low Income | Self-Support Reserve | Ensures the payer has enough money left to live on. |
What happens if someone stops making child support payments?
The state of Wisconsin takes court orders very seriously. If a parent falls behind on their child support payments, the local child support agency has several tools to collect the money.
- Income Withholding: This is the most common tool. The money is taken directly out of the parent's paycheck before they ever see it.
- Tax Intercepts: The state can grab federal and state tax refunds to pay off past-due support.
- License Suspension: The state can take away a driver's license, hunting license, or professional license until the parent pays up.
- Contempt of Court: A judge can find a parent in "contempt." This can lead to heavy fines or even time in jail.
It is always better to ask the court for a "modification" if you lose your job rather than just stopping payments. The debt, also called "arrears," usually cannot be erased, even if you go bankrupt.
How do I change an existing child support order?
Life changes, and sometimes a child support order that worked two years ago doesn't work today. In Wisconsin, you can ask for a review of your order every three years. You can also ask for a change sooner if there is a "substantial change in circumstances."
What counts as a substantial change?
A judge will usually consider a modification if:
- Income Change: A parent gets a big promotion or loses their job.
- Placement Change: The child starts living with the other parent more often.
- Health Insurance: The cost of medical coverage for the child goes up or down significantly.
- Age of Child: As children get older, their needs change, or they may graduate from high school and become "emancipated."
To change an order, you must file a motion with the circuit court. You cannot just make a "handshake deal" with the other parent. Even if you both agree to a new amount, the child support order remains the legal rule until a judge signs a new one.
Medical Support and Variable Expenses
A child support order in Wisconsin covers more than just a monthly check. It also includes medical support and "variable expenses."
Who pays for health insurance?
The court will usually order the parent who can get the best insurance at the lowest cost through their job to provide coverage. Both parents then share the premium costs and any out-of-pocket expenses, such as copays or braces.
What are variable expenses?
These are costs that aren't covered by the basic support check. They include things like:
- Daycare or after-school care
- School tuition and supplies
- Sports fees and equipment
- Summer camps
In shared placement cases, parents usually split these costs based on the percentage of time they spend with the child or in proportion to their incomes. Keeping good receipts is vital because the court may require you to prove these costs if there is a disagreement later.
Common Questions About Wisconsin Child Support
Does child support end exactly on the child's 18th birthday?
Not always. In Wisconsin, support continues until the child turns 18, or until they graduate from high school, whichever happens last. However, support cannot go past the child's 19th birthday.
Does getting remarried change child support?
Generally, no. The court only cares about the income of the biological parents. The income of a new step-parent is usually not included in the calculation. However, if remarrying significantly changes a parent's financial health, it could be a factor in a modification hearing.
Can I stop the other parent from seeing the child if they don't pay?
No. In Wisconsin, child support and "physical placement" (visitation) are two separate legal issues. You cannot block a parent from seeing their child just because they are behind on payments. Likewise, a parent cannot stop paying support just because they are being denied their scheduled time. Both actions violate court orders and could lead to legal consequences.
Choosing the Right Path for Your Family
Managing Wisconsin child support is a long-term commitment that lasts until your child reaches adulthood. While the system can feel overwhelming, its goal is to provide your child with a stable financial future.
If you are struggling to reach an agreement or have questions about your specific case, reaching out to a legal professional or your local child support agency is a smart move. They can provide the specific payment information and guidance needed to ensure your child gets the support they deserve.
For more information on filing forms or checking court records, you can visit resources like wilawlibrary.gov or your local eauclairecounty.gov or waukeshacounty.gov websites. Knowledge is the best tool you have to protect your rights and your child's interests.