Child support is financial support for a child or children. In most instances, child support is paid by a non-custodial parent to a custodial parent.
Obtaining A Child Support Order
Child support order may only be made by a court. Even if parties agree to the support, set the amount of support, and agree to all other conditions including insurance and variables, a court must approve that order. A court almost always orders child support when either or both parties file for legal separation or divorce. That order is a temporary order. The same applies to a petition for a child support order.
If the parties pursue a divorce, a final child support order will be entered during the divorce process. The same applies to a motion for a child support order.
Paternity suits work in a slightly different manner. If you are suing for paternity or being sued for paternity, you should consult with an attorney regarding your particular situation.
Commencement Of Child Support Obligations
Under Wisconsin law, a child support obligation begins upon the child's birth, and if the child is one of a multiple birth, such as a twin, the child support order may include both children on the same order, but each child's support order constitutes a separate child support obligation and a separate order. Even though a support obligation begins at birth, a court can order the payor to pay costs incurred before birth, such as hospital charges, delivery fees, doctor fees, and medical costs related to the child's birth.
Determining Child Support Amounts
To determine the amount of the child support obligation, the state of Wisconsin starts on the assumption that its formula will be applied, but permits parties to present evidence to determine whether the court should deviate from the standards. In addition to the payment of child support, if each parent is awarded at least 25% of the placement time with the child, the issue of "variable costs" must be addressed. Variable costs means the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child's special needs and other activities that involve special costs. Parties can define the responsibility for the variables their child has.
Child support issues also include the dependency exemption, head of household tax filing status, health care insurance premiums and uninsured costs. Child support, and the modification of child support orders, can be a complicated area of law.
To estimate the amount of support, you can use the Wisconsin's child support calculator (the webpage with the calculator will open in a new screen).
For information about seasonal income, varying income, or unemployment, please refer to enforcing a child support order.
There are slightly different rules that apply to establishing child support in paternity actions.
Click here to find a Wisconsin child support agency near you.
Duration of Child Support Payments
Under Wisconsin law, child support obligations commence upon the child's birth and run continuously until such time that the child attains the age of majority (18 years) or graduates from high school, whichever occurs last, unless otherwise stipulated by the parties.
Support can continue beyond the child's eighteenth birthday or high school graduation by stipulation (agreement) of the parties, or if the obligor has arrears. A past due child support arrearage can be collected upon in the state of Wisconsin for ten years beyond the date that the child support obligation ended. For example, if an obligor owes a child support obligation and a child support order is in place, but the obligor is behind in his or her payments when the child turns 18 or when the child graduates from high school, absent any other agreements, that arreage can be continuously collected by the obligee until paid in full or for 10 years past the date of the child's graduation or birthday - whichever event occured last. Wisconsin is one of very few states that allow for the termination of payment towards arrearages; most other states require payment until the debt is paid in full.
Wisconsin law does not provide for payment of child support beyond the eighteenth birthday or high school graduation - whichever occured last - unless the parties stipulate otherwise. To provide for support during college years, the parties may voluntarily make payments or stipulate the terms of support and submit that stipulation to a court for approval.
Child support for a child over the age of 18 years who has not yet graduated from high school remains an obligation to the paying party until the child attains the age of 23 years. The oglibation to pay child support ends when a child attains the age of 23 years regardless of whether the child has graduated from high school.
Termination Of Child Support Obligations
If the parties do not stipulate otherwise, child support will continue until the child reaches the age of majority (18 years in Wisconsin) or graduates from high school, whichever occurs last. Wisconsin law does not require support of a child after high school, even if the child attends college, however, the parties may stipulate otherwise.
Child support payments may also terminate under other conditions such as adoption of the child, death of the obligated parent, death of the child or by stipulation of the parties or order of the court.
KIDS Wisconsin Child Support Program
KIDS (Kids Information Data System) is Wisconsin's child support computer network system. In 1999, it processed more than $870 million in support. KIDS assists child support staff with collecting support, establishing paternity, and providing custodial parents with better and faster information.
The KIDS program is an online resource for parents paying and receiving child support. By accessing the KIDS website, you can access an informational screen that will tell you when the last payment was made and dispersed to your account.
The child support collection agency of Wisconsin is a very aggressive agency in pursuing and collecting child support. KIDS automatically produces required court documents, legal notices, payment coupons, account balances, and checks other state data systems for information about parents who do not pay or have stopped paying their child support. Custodial parents may access account information through an interactive voice response telephone system or the website, KIDS Information Line. The KIDS Information Line receives more than 400,000 calls every month.
Child Support Agency Does Not Represent You
The Child Support Program is under the Department of Workforce Development. (Click here to find a Wisconsin child support agency near you.) That agency manages child support accounts maintaining a balance and tracking payments of previously ordered child support obligations. The agency does not provide any party with legal advice. In fact, at no time before, during, or after the child support process will the child support agency represent a person or form a privileged or non-privileged attorney-client relationship with any party.
If you have a child support matter that is being pursued in a court of law, it may be very beneficial for you to speak with a private attorney and to have an attorney present at that hearing.
If you need assistance beyond that which KIDS provides, please contact the law offices of Attorney Kathleen Reiley.
For a listing of all child support agency offices in the state of Wisconsin, please visit Wisconsin Child Support Agency List.
KIDS Information Line
Website: https://www.wisctf.org/WIC/index.asp
(414) 615-2400 Metro Milwaukee area
(800) 991-5530 Outside the Metro Milwaukee area
(877) 209-5209 TDD
Bureau of Child Support
Content Contact: Minnie Huggs
PO Box 7935
Madison, WI 53707-7935
Call Attorney Kathleen Reiley (608-246-8309)
or send
Kathleen Reiley
an email.
