Child Support

At Gaworek Law Office, we provide clear guidance and dedicated support for navigating child support matters in Wisconsin. Child support arrangements are governed by Wis. Stat. § 767.511 and the Wisconsin Administrative Code, Ch. DCF 150.

Understanding Child Support

Legal Framework:
Child support payments are set according to the guidelines in DCF 150, unless the court determines the percentage standard is unfair to the child or any party (Wis. Stat. § 767.511(1m)).

Key Factors in Calculation:

  • The number of overnights awarded to each parent under the physical placement schedule.
  • Circumstances such as shared placement, serial payer status, or variations in income levels.

Types of Payors:

  1. Percentage Payor: Parent awarded less than 25% of overnights.
  2. Shared Placement Payor: Parent awarded more than 25% of overnights.
  3. Serial Payor: Parent with a prior child support obligation.
  4. Special Cases: High-income or low-income payors may have unique calculations.

Duration of Child Support:

  • Ends when the child turns 18, or 19 if still pursuing a high school diploma or equivalent (Wis. Stat. § 767.511(4)).
  • Support includes basic costs (e.g., food, shelter, clothing, and recreation). Shared placement arrangements may require additional payments for variable costs like childcare or tuition.

Child Support Guidelines

Standard Percentage of Gross Income:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • 34% for five children

Deviation from Guidelines:
The court may adjust child support if the standard guidelines are deemed unfair due to circumstances like:

  • Shared or split placement.
  • High or low income of a parent.
  • Serial family obligations.

Maintenance (Spousal Support)

Spousal support, or maintenance, ensures fairness after a divorce. Maintenance awards are governed by Wis. Stat. § 767.56 and based on careful consideration of the parties' circumstances.

Key Aspects of Maintenance

  1. Types of Maintenance:

    • Limited-Time Support: For short-term needs or skill development.
    • Indefinite Support: For long-term or lifetime financial support.

  2. Factors Considered by the Court:
    The court evaluates ten factors under Wis. Stat. § 767.56, including:

    • Length of the marriage.
    • Earning capacity and education of each party.
    • Contributions to the marriage, including homemaking and child-rearing.
    • Age and physical health of both parties.

  3. Modifications:
    Maintenance may be modified upon a substantial change in circumstances (Wis. Stat. § 767.59(1f)).

  4. Waiver of Maintenance:

    • A marital property agreement regarding maintenance is not binding on the court.
    • A waiver of maintenance is permanent and cannot be modified (Wis. Stat. § 767.59(1c)(b)).

Why Gaworek Law Office?

At Gaworek Law Office, we work diligently to ensure child support and spousal support arrangements reflect the best interests of all involved. Whether negotiating initial agreements, requesting modifications, or enforcing orders, our experienced team is here to help you every step of the way.

Contact Us Today
Let us assist you with your family law needs. Schedule a consultation by calling (920) 857-9211.