When parents in Wisconsin decide to live in separate households, the financial well-being of their children remains a top priority for the state. A Wisconsin child support order is a legal document issued by a judge or court commissioner that requires a parent to provide financial support for their child. This system ensures that children have the resources they need for housing, food, and clothing, regardless of which parent they live with most of the time.
In the Badger State, child support is handled through a combination of state laws and local agencies. Whether you are the parent who will be receiving support or the one expected to pay, knowing how the Wisconsin child support programfunctions is vital. This guide will walk you through the creation, modification, and enforcement of these orders using simple language.
How is a Wisconsin Child Support Order Established?
Establishing a legal order for support does not happen automatically. It requires a formal process through the court system. While parents can sometimes agree on a number, only a court has the final power to make that number a legal requirement.
Where do you go to start a support case?
To start a case, you must work with your local child support agency or file a petition in the county where you or the other parent lives. For most families, this occurs during divorce or legal separation. If the parents were never married, a "paternity" or "parentage" case must usually be opened first to legally name the father before a Wisconsin child support order can be signed.
What factors decide the support amount?
Wisconsin uses a set of rules called the "Child Support Standard." These rules look at several specific pieces of information:
- The gross income of the parent who will be paying (money earned before taxes).
- The number of children who need support.
- The amount of time the children spend at each parent's house (placement).
- Whether the parent is already paying support for other children from a different relationship.
How are Child Support Amounts Calculated?
The state of Wisconsin relies on a percentage-of-income model for most cases. This ensures that the support amounts are fair based on what the paying parent actually earns. The goal is to keep the child’s standard of living similar to what it would have been if the parents stayed together.
What are the standard percentages?
If one parent has primary placement (meaning the child stays with them more than 75% of the time), the other parent usually pays a fixed percentage of their income:
- 17% for one child.
- 25% for two children.
- 29% for three children.
- 31% for four children.
- 34% for five or more children.
Does shared placement change the math?
Yes. Thanks to child support modernization efforts, the state recognizes that when both parents have the child for at least 92 overnights a year, both parents are directly paying for the child's needs. In these "shared placement" cases, a more complex formula is used that considers both parents' incomes. This often results in a lower monthly payment because the parent who pays is already providing a bedroom and meals during the child's time with them.
What is Included in a Support Order?
A Wisconsin child support order covers more than just a monthly check for groceries. It is a package deal that looks at the child's entire financial life.
Is medical support part of the order?
Yes. Wisconsin law requires that every support order include medical support. This means the court will determine which parent must provide health insurance for the child. If insurance is not available at a reasonable cost through an employer, the court may order the parents to contribute to the cost of a private plan or a state-funded program. The order will also specify how the parents should split "uncovered" costs, such as co-pays for the dentist or eye doctor.
What about daycare and school costs?
The court can also add "variable expenses" to the order. These are costs that change, such as:
- Daycare or after-school care costs while a parent is at work.
- Tuition for a private school is paid if both parents agree on it.
- Special needs equipment or tutoring.
Comparison of Wisconsin Child Support Categories
Different family situations require different math. Here is a quick look at how the Wisconsin child support programviews various cases.
Placement Type | Who Pays? | Calculation Basis |
Primary Placement | The parent with less than 25% time. | Fixed percentage of their gross income. |
Shared Placement | Usually the parent who earns more. | Both parents' incomes and percentage of overnights. |
Split Placement | Both parents (the amounts offset). | Used when there are multiple kids and each parent has at least one. |
High Income | The parent with high earnings. | Percentages drop after a parent earns over $7,000/month. |
Low Income | The parent with low earnings. | A specific table ensures the parent can still afford to live. |
Can a Wisconsin Child Support Order be Changed?
Life does not stay the same forever. People lose jobs, get raises, or move to new houses. Because of this, court orders for child support are "modifiable."
When can you ask for a review?
You can request a review from your local child support agency every three years. You can also ask sooner if there has been a "substantial change in circumstances." This usually means:
- A parent's income changed significantly (at least a $50 per month difference in support).
- The child's placement schedule changed significantly.
- One of the children turned 18 and graduated from high school.
- A parent has become disabled or is incarcerated.
How do you legally change the amount?
It is important to note that a "handshake deal" with the other parent is not legally binding. Even if your ex-spouse says you can pay less, the original Wisconsin child support order stays in effect until a judge signs a new one. If you stop paying based on a verbal agreement, you will still build up "arrears" (back pay) that you will legally owe later. To change it the right way, you must file a motion with the clerk of court or sign a formal "stipulation" that the judge approves.
How are Child Support Payments Made and Tracked?
Wisconsin uses a centralized system to ensure child support payments are handled correctly and accurately recorded. This protects both the payer and the recipient.
What is the Wisconsin Support Collections Trust Fund?
Nearly all support in Wisconsin is paid through the Wisconsin Support Collections Trust Fund (WI SCTF). Most of the time, the money is deducted directly from the paying parent’s paycheck by their employer. This is called "income withholding." The employer deposits the funds into the trust fund, and the trust fund disburses them to the other parent.
How can you check your account online?
The state provides child support online services (CSOS) for parents. By creating an account, you can:
- See when the last payment was made.
- Print out a history of all payments for tax purposes.
- Update your address or employer information.
- See how much is still owed if there is a past-due balance.
What Happens if Someone Does Not Follow the Order?
Ignoring a Wisconsin child support order is a serious matter. Because it is a court order, failing to pay is a violation of the law. The local child support agency has many tools to make sure the children get the money they were promised.
What are the penalties for not paying?
If a parent falls behind on their payments, the state can take several actions without even going back to court:
- Tax Intercepts: Taking federal or state tax refunds to pay off the debt.
- License Suspension: Taking away a driver’s license, hunting license, or professional license.
- Property Liens: Putting a legal claim on a house or car so it cannot be sold until the support is paid.
- Credit Reporting: Telling credit bureaus about the debt, which can lower a person's credit score.
- Contempt of Court: A judge can order jail time if they find that a parent has the money but is choosing not to pay.
Frequently Asked Questions About Wisconsin Child Support
Does child support end exactly on the 18th birthday?
In Wisconsin, the duty to pay child support typically continues until the child turns 18. However, if the child is still in high school or working toward a GED, the Wisconsin child support order remains in effect until they graduate or turn 19, whichever occurs first.
Can child support be used for anything?
The parent who receives the money is not required to provide a list of what they purchased. The law assumes the funds are intended for the child's life, including rent, electricity, and the car that drives the child to school. As long as the child's needs are being met, the court does not micromanage the spending.
What if the paying parent moves to another state?
The order follows the parent. All 50 states have agreed to help each other collect child support. If a parent moves to Florida or California, the Wisconsin child support program will coordinate with the agency in that state to ensure income withholding continues.
The Importance of Professional Help
While the Wisconsin child support order process is designed to be accessible, it can become very stressful if there is a disagreement. Family law is full of specific deadlines and forms that must be filled out perfectly.
Why should you talk to a lawyer or the agency?
If your income is hard to prove (for example, if you are self-employed or own a business), a basic calculator might not give you the right number. Local child support agencies are great for standard cases, but if your case involves complex assets or a fight over placement, talking to an attorney can help ensure that the support amounts are truly fair.
Moving Forward After the Order is Signed
Once a Wisconsin child support order is in place, the best thing both parents can do is stay organized. Keep a folder with copies of all your court orders and financial records. If you pay support, keep your pay stubs. If you receive support, keep track of your child support online services account.
The system is not meant to be a punishment. It is a way to ensure that the children of Wisconsin remain the primary focus of both parents, even when those parents no longer live together. By following the child support guidelines and keeping communication open about the child's needs, families can move past the stress of the courtroom and focus on the future.
For more information on legal forms or to find your nearest office, you can visit the Wisconsin Department of Children and Families website or search for your county's clerk of courts. Staying informed is the best way to protect your rights and your child's interests.