Change Child Support Order Post Judgment Motion To Increase Decrease Amount

A post judgment action is one which occurs after the fact - after the original hearing or stipulation - asking the court to change a previous order. A judgment of a court can be changed in many ways. For example, the parties to the action can agree to change the order. In the instance of child support changes, the agreement would be written into a stipulation, and then submitted to a court for approval.

Stipulations - Agreeing To A Stipulated Amount Of Support

Child support can be increased, decreased, ended, or extended through a stipulation. A stipulated change to child support amounts can occur at any time. However, the court must also agree to the amount being stipulated to in the agreement. The court can order the amount stated in the stipulation, order an amount in excess of or less than the amount stated in the stipulation, or set the stipulation aside and order an entirely different amount or provision.

Contested Changes To Child Support Order

If one of the parties to a child support order contests the order of the court, then that party can file a motion with the court asking for a review of the child support order. Wisconsin law states that a child support order cannot be brought back to court for a period of years after the order was originally entered, unless circumstances have changed substantially.

Substantial Changes Effecting Child Support Order

For a change in circumstances to be considered "substantial" depends upon the situation and the change that is affecting that situation.

For example, if the payor of child support is terminated from his or her job, a change in circumstances has occurred. However, under Wisconsin law, that type of change is not a substantial change of circumstances warranting a change in the amount of child support previously ordered, rather, it is a temporary change of circumstances, and the parent paying child support is assumed to be able to soon regain full employment, pay his or her past due child support (called arrearage), and begin paying child support regularly.

However, if the payor were in an accident that caused his or her "incapacity to work" because of a permanent and partial or total disability, then the threshold of a substantial change of circumstances would be met. In that instance, the payor would be able to ask the court to review the child support order for a change.

Presumption Of Earnings

For the purposes of determining and ordering child support amounts, Wisconsin law operates on the presumption that the payor is fully employed. That presumption assumes that the payor is capable of earning at the same level and with the same benefits as he or she had in the past. And it assumes no other substantial changes in circumstances. Under that presumption, a court can disregard a short period of unemployment, or even a long period, depending upon the type of work and the industry in which the payor was previously employed.

Seasonal Income Or Otherwise Irregular Income

Employment in seasonal or cyclical industries is also not, in and of itself, cause for a court to change a child support order. In situations where a payor is employed in a job that pays seasonally, such as the construction industry, or that pays irradically, such as a sales commissioned position, the courts consider annual income. The court may order standard child support amounts requiring the payor to save from one period of time for another to pay consistently, or the court may order support through any other means to accomplish the payment of the full amount determined by Wisconsin's child support guidelines. In some instances, a court may order percentage payments in which the payor pays a percentage of his or her income, rather than a fixed amount.

Lack Of Support

If the payee is not receiving payments, the child support agency can garnish the payor's income, withhold a tax refund, or affect the payor's driver's license, and commercial driver's licenses (CDL license) is no acception to the rule. A court can also order the payor to jail, and the court can withhold huber (a court ordered privilege awarded to an imprisoned person allowing for release from jail for the sole purpose of work or other purpose as provided by the court). In situations where a payor has a very large arrearage (past due child support), the state can bring criminal charges against the payor for failure to pay child support. In some situations, those charges can result in a felony charge against the non-paying parent, which may cause imprisonment or a fine, or both.