In Wisconsin, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent. Or a parent may request a review of their existing child support order from the Wisconsin Child Support Program (WCSP) in the Wisconsin Department of Children and Families.
Under Wisconsin law, courts calculate child support according to the state’s guidelines. The guidelines would not be used only if a Wisconsin court identifies a specific reason to justify not using the guidelines in a particular case.
The non-custodial parent would be able to ask for a modification of child support in Wisconsin any time they experience a substantial change in circumstances of the type that would justify changing the amount of support.
The change would have to involve the financial situation of the parents or the child or children involved in the case. This is a requirement of Wisconsin law regarding the modification of child support in Wisconsin. This standard would apply if the result a person seeks is to pay a lower child support amount.
The changes in a parent’s circumstances that would justify modification have to be permanent and significant, as opposed to minor, and something that a person did not expect when the existing order came into effect. So, if the changes are only temporary or have not even materialized yet, a court is not likely to grant modification.
Of course, the child support order might be the product of a Wisconsin divorce or legal separation.
A court may also issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.
It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.
So, if a parent wants to lower the amount of child support that they pay, they would have to show some permanent and unexpected change in their circumstances that would justify it.
A court would also look at whether the dollar amount in the child support order follows the designated percentage of the paying parent’s income as shown in the state’s guidelines. A court would also want to know if the current amount paid includes medical support.
If a decrease in the amount of support paid would be $50 or more per month, a court is more likely to agree to the decrease.
There is one exception to the requirement that only a substantial change in circumstances justifies a change in the amount of child support. Federal law requires that states review and adjust child support if it is justified every 3 years.
A parent does not have to show changed circumstances to obtain a 3-year review. However, the review would not necessarily result in modification of the amount of child support. The judge applies the Wisconsin child support guidelines to the parents’ existing financial circumstances and makes a change in the amount of support only if it is justified.
A parent seeking a decrease in the amount of child support would benefit from consulting a local attorney in Wisconsin to analyze their case. The attorney could help them figure out whether they would qualify for a change or not according to the applicable standards and the parent’s circumstances.
What Factors Can Lower Child Support?
The most common reason for parents to ask for a change in child support is because their income has changed. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.
Of course, a parent who wants to lower the amount of support they pay would have experienced a reduction in their income. There is no absolute amount by which a person’s income must change before they request a modification.
But again, the change needs to be permanent and something the person could not have anticipated. If the reduction in income would result in a decrease in support of $50 or more, then the court is more likely to grant the modification.
What Is a “Substantial Change”?
As noted above, in Wisconsin, the change in circumstances that would justify a reduction in child support must be substantial as opposed to minor or insignificant. The parent who seeks the modification must prove the substantial change.
Generally, a substantial change would be a change in the needs of the child, a change in the paying parent’s ability to pay, or both. The change would have taken place in the time period after the existing order was issued by a court. For example, a child may have attended a private school that charged tuition but decides to go to a public school that does not charge tuition. This might be a change that would justify modification.
If one parent quits their job and is making less money than they did before, this would be a substantial change in circumstances that would justify modification of child support.
However, a court would not automatically modify child support if the paying parent voluntarily chose to make less money. The parent would have to show that they made this change in good faith and not for the sole purpose of escaping their child support obligation.
What Is the Legal Process of Child Support Modification?
The parents may always agree to a new amount of child support. If they do, they need to file a completed “Stipulation and Order to Amend Judgment” form with the clerk of their local county court.
A parent who wants to modify the amount of support they pay or receive may file a motion to modify the order on their own with the clerk of the court of their local county court. Or a parent may hire an attorney to file a motion for them. They would have to pay a fee of $30.
A parent may request a review of their child support case from their local WCSP. There is no fee for this service.
If a parent requests a review of their case from their local WCSP, the agency may take as long as 180 days to perform its review. The WCSP may deny a modification, mediate an agreement with the other parent, or set a court date so a judge may conduct a review.
If the judge agrees that the parent asking for the modification has proven that their circumstances have changed, then the other parent must present the court with their current financial information. The judge then reviews all the available information and makes a decision for or against the modification request.
The judge issues an order that takes into consideration the same factors courts must always consider when deciding on child support, including the following:
- The existing needs of the child
- The standard of living of each parent
- Each parent’s income and assets.
Other factors would be considered as well. In making their decision, a judge pays special attention to the ability of the paying parent to pay the amount ordered. However, the judge must also consider a range of other factors.
A judge is more likely to agree to a modification if they find the following:
- The order does not reflect the correct percentage of income that it should per the Wisconsin child support guidelines.
- The order does not include medical support, and it should.
- A change in child support of at least $50 or more a month would be the outcome of calculating the new amount.
When Do I Need to Contact a Lawyer?
If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support you pay, you want to talk to an experienced Wisconsin child support lawyer.
LegalMatch.com can put you in touch with a lawyer who can analyze your case and tell you whether you have a chance of lowering the amount of support you pay. Your lawyer can guide you through the process to success if a change in your life justifies a decrease in your payments.
