Your Child Support Lawyer In Appleton can help answer many of your questions. You want to make sure that you receive all that you are entitled to. Your Appleton Child Support Lawyer can help. Here's some answers to some common questions.
What is covered in child support?
There is a common misunderstanding that child support should only cover child's necessities, such as food, shelter, and clothing. Actually, child support is meant to include a broad range of expenses, which may include school fees, entertainment, medical insurance, extracurricular activities, and other things.
Can a Child support order be changed?
Yes. If the parent’s income or the child’s living arrangements change, child support orders can change. The ordered amount might increase or decrease. Before an order is changed, it will be reviewed by the child support agency and/or by the court. Both parents will be asked to provide current financial information.
A review will be done when: A parent gets cash benefits for the children, and the order has not been reviewed for three years; or A parent asks for a review, and the order has not been reviewed for three years; or A court orders a review.
When is a parent NOT liable for child support in the US?
Child support is governed by State laws, meaning that the rules for how it is calculated and paid vary from State to State. A parent is only liable for child support when a Court orders him or her to pay child support. This requires the other parent, the child's guardian, or someone designated by a Court to represent the interests of a child petition or move the Court for an Order for child support. Usually the parent with whom the child resides does not "pay" child support. However, be advised that each parent is allocated a portion of the responsibility for the statutorily determined monthly of the cost of the child. So the paying parent's amount is only that portion which is attributed to them.
If you are not the biological parent of a child, or are not the presumed biological parent, you cannot be ordered to pay child support. Once the court orders a parent to pay child support, this obligation continues until the child either a) reaches 18 years of age; b) graduates high school if they reached the age of 18 before completing high school; c) petitioned the court for emancipation.
A parent who is ordered to pay child support cannot escape this obligation, unless, as mentioned above, the child begins living with them. They can petition the Court to reduce the amount they pay if circumstances allow. Common examples are becoming unemployed after the Order to pay support is issues, becoming disabled (temporary or permanent) after the order is issued, or a change in employment.
Spousal support is tax deductible to the payor, but child support is not, because it is not viewed as "income" to the payee. Child support is viewed essentially as the child's money, so it is not treated as "income" for tax purposes.
Your Child Support Lawyer In Appleton Can Help Answer your Questions
If child support is genuinely for the best interests of the child then why isn't there a special fund for child support to be put into?
Child support is ordered on the assumption that it costs a certain amount to support them. If the custodial parent can do that for less, well, they did it for less. They can pocket the difference or save it for the child. The assumption is that the parent acts in the best interest of the child. Such a fund would have to be supervised and overseen by another entity, with verification of receipts. At present, no one has come up with a solution to implement and manage this type of idea.
What Happens When Someone refuses to Pay Child Support?
A lot of different things could happen, but when someone is directed to pay child support, and doesn’t, the usual consequence of that is an enforcement proceeding.
If you fail to pay child support, courts may take action. Charges such as contempt of court or criminal nonsupport may be filed. If you’re convicted, the court may fine and/or jail you for not paying support. The child support agency or the parent who is owed support may file papers for a contempt hearing. Criminal nonsupport is a crime prosecuted by the district attorney. Child support agencies may refer cases to the district attorney. The parent who is owed support may file a complaint directly with the district attorney.
Child support agencies, courts, and the state and federal government may take a variety of actions to collect support that is not paid. Some actions are automatic when a debt reaches a certain level. Some are taken case by-case. Administrative actions can happen even if you are making payments. Here are descriptions of common actions:
Child Support Lien is a hold placed on property (such as land and cars). These liens are placed administratively, meaning without a court hearing. A list of parents with child support liens and the amounts owed are published on the Child Support Lien Docket web site. This electronic list of names is a public record and may be viewed in local register of deeds offices. A lien is automatically placed on the docket when your past-due support is $500 or more.
You will be sent a Notice of Lien and Credit Bureau Reporting indicating the lien amount and the date it was placed on the lien docket. A lien is automatically placed on your real property (home, land) and on your titled property with the Wisconsin Department of Transportation (car, truck). You must pay (satisfy) your child support lien or get a release document from your child support agency before you can sell your property. Your child support lien is reported to the credit bureaus. This could affect your ability to get loans.
If you have a child support lien, the child support agency may also take these administrative enforcement actions (without going to court):
Request the suspension or denial of your professional, occupational, driver’s, and recreational (hunting and fishing) licenses when your child support lien equals or exceeds three months’ worth of support.Intercept lump-sum pension payments from your public retirement funds. Intercept your judgments, settlements or insurance claims, such as a car accident or personal injury settlement.
Seize bank accounts including your checking, savings, IRAs, and mutual funds when your child support lien equals or exceeds $1,000 or three months’ worth of support (whichever is greater).Seize your real property (land) and titled personal property (cars) when your child support lien equals or exceeds six months’ worth of support.State And Federal tax refunds can also be intercepted. You Will Be Charged Interest On Any Past Due Amounts.
You could be denied a passport.
Before these administrative actions are taken, child support mails a notice to you at the address that is listed at the child support agency. The notice informs you of the right to a hearing, encourages payment plans and provides a coupon to pay the lien amount in full to avoid the action. Action can be taken even if you do not receive the notice because you did not report your new address to the agency.
For more information: Have Your Child Support Attorney In Appleton Help You, Or
Contact your child support agency for information about your case. It is listed in your phone book under “County Government” and online at childsupport.wisconsin.gov
Guide to Past Due Support:
What happens If You Don’t Pay Child Support
Speak with a Top Child Support Lawyer In Appleton and get your questions answered. They can hear the particular situation of your case and advise you on how to take the best course of action.
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 yourown individual situation.
How much child support you are entitled to? Our Appleton Child Support Attorneys will have the answer.
|Common Child Support Questions|