There are many factors that can determine IF alimony or support payments should be made, and the level of that support. Our Appleton Child Support Lawyers Can Guide You.
Child Support, Spousal Support, And Alimony in Wisconsin
Your Child Support Lawyer In Appleton can help all types of Child Support, Maintenance, Spousal Support or Alimony cases. You definitely want expert legal help with your Child Support case.
In a situation where the court approves a stipulation or makes a ruling on the child support/maintenance in the event of a divorce, legal separation or annulment, the court may do the following: It may order either or both the parents to pay a certain amount towards the child support; ensure that all the parties have agreed on which party, if it is eligible, will have the custody of each child and be exempted from federal income tax payments, or be exempted from state income tax; and Assign the child support obligation responsibility and direct the method to be used for the payment of the child’s healthcare expenses.
The court usually determines the child support payments by use of percentage standards which have been established by the State of Wisconsin Workforce Development department. The department uses the Flat Percentage of Income Model to set these payments. The department sets rules that are used by the courts in determining the child support obligation and is normally based on the gross income and assets of both or each parent. The rules put into consideration the income of each parent and also the amount of physical time with each parent.
Not every family situation is the same, so the approach that applies to a specific situation may be somewhat different from the guidelines. The court may order an alternative that is greater or less than the guidelines if the guidelines if the use of the guidelines is unfair to one of the parents or children based on circumstances, including but not limited to shared placement, split placement, low income, high income or serial family payer circumstances.
Child Support Percentages
The standard percentage guidelines are based on the payers Gross (pre-tax) income or earning capacity and the number of children in the payee's care. If the parent has the child less that 25% of the time or less than 92 nights per year the guideline percentage amounts are:
Current percentages are: 17% for 1 Child; 25% for 2 Children; 29 % for 3 Children; 31 for 4 Children and 34% for 5 Children or more.
For a shared placement arrangement a shared placement formula is used. For example take each parents gross income, multiply by 17% for one child. From there each amount is multiplied by 150% for household maintenance items. Next, these amounts are each multiplied by the proportion of time spent with the other parent. If Equal multiply by 50%. For 60 % with the mother and 40% with the father. Multiply the fathers amount by 60% and the mother by 40%. The results should offset against each other. The parent with the greater amount would be the payer.
Basic support costs are the daily expenses for the child including food, clothing, shelter. transportation, personal care, and recreational costs. Additional variable costs are for expenses the depend on the parents standard of living such as child care, tuition, special needs and extracurricular activities.
Child support is required until a child reaches the age of 18, and must continue if the child is pursuing an accredited course of instruction leading to a high school diploma or it's equivalent and the child is under the age of 19. The court has a continuing jurisdiction to enforce or modify a child support obligation throughout a child's upbringing. A court has no authority and may not order child support beyond age 18. The parents may agree to a support obligation after a child has reached the age of majority such as for college or special needs which the court may incorporate into its judgement.
For more specific information about how to calculate child support, parents may refer to DWD Chapter 40 Calculator which is available at the following website: http://www.dwd40calculator.com/index.cgi
Your Child Support Lawyer In Appleton Can Help With Alimony /Child Support And Maintenance
Spousal Support or Alimony- (now also called spousal maintenance or just maintenance) means providing income to a former partner after the marriage is legally over. Spousal support is in most cases awarded if an individual will have a difficult time in being financially independent after the marriage because he/she stayed home to care for the child. The court has the sole discretion in alimony rulings and based on various factors, like;
The length/duration of the marriage, Age, physical well-being and the emotional health of each parent.The financial outcome after property division, earning potential, and level of education of each party. The amount each party earns, and the amount of time needed for the divorcing spouse to become financially independent without the help from any another person.
Maintenance (Spousal Support) A spouse seeking support from the other spouse may request maintenance in the divorce or legal separation. The court may order maintenance for a limited or indefinite length of time. When considering whether to award maintenance, the court will look at all of the circumstances of the parties, including but not limited to, the factors listed in WI Statute 767.26.
This statute is available at the following website: http://www.legis.state.wi.us/Statutes/Stat0767.pdf
Following a divorce or separation, parents are required to provide child support to their children. Child support may seem to be a straight-forward issue, as the child support guidelines set out how much child support is payable for a person’s income and the number of children.
A Top Appleton Child Support Lawyer can guide you in learning how to get help with your child support question or issues, as well as helping you know how much you can expect to pay in child support payments. It is extremely common for child support orders to be modified from time to time to reflect changes in the living circumstances of the parties.
When support is court ordered it is typically paid through the state. It is sometimes ordered that one parent pays the other parent directly, but unless there is a reason for it, it is usually paid through the child support State Disbursement Unit (SDU). They are the processing center which simply receives, and sends the money to the receiving parent. The payments are then tracked by the Clerk of Courts, in a department referred to as the Domestic Relations Department (DRD). The court order to pay child support usually has attached with it an Income Withholding Order (IWO), now a standard form which should be the same across all 50 states. This form is sent to the payor's employer, and let's them know how much to deduct from their paycheck.
If payments become delinquent, you might find yourself facing contempt of court, have your license suspended, and find that tax refund you were expecting is never even sent to you.
Paperwork is filed in order to receive a case number for a divorce. You then go to court to receive "Temporary Orders" from a Family Law Judge. These temporary orders can be for Child Support, Custody, and any other un-mediated issue between the parties. The Family Law Judge will take into account the number of children, how much time in percentages does each child live with each parent, and how much income each parent earns based upon current and prior tax returns. There is not a lot of leeway in the Child Support calculation as it is done by a standard calculation of standardized inputs.
Once the Child Support number is ordered by the court, the parent responsible for paying Child Support typically pays either privately, or goes through the State Disbursement Unit to pay the parent receiving Child Support. This is typically made on the 1st and 15th of each month. Child support in general these days is determined by the income of the noncustodial parent as well as the requirement to provide for the child in the manner that he/she was provided for before the divorce. The theory is that even though the parents may not want to live with each other, that doesn't mean the child should suffer want -they should still have a comparable lifestyle.
We provide all types of Family Law Legal Services in Appleton. So if you do need a Child Support Lawyer In Appleton, Divorce Services, a Child Custody Attorney, or just have any type of Family law questions we invite you to contact us and speak to one of our Family Law Experts.
The information on this website is not, nor intended to be, legal advice. You should consult with an attorney in regards to specific legal advice for your individual situation.
Your Child Support Lawyer Appleton Can Protect Your Rights. Our Appleton Family Law Attorneys Can Represent Your Best Interests Concerning Alimony And Child Support.
Protect your Best Interests and your legal Rights Contact a Alimony And Child Support Attorney
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