When is a spouse entitled to child support in Wisconsin?
Full Question:
I reside in Wisconsin. I filed a petition for divorce. I have two minor children. Am I entitled to get child support in Wisconsin?
01/18/2017 |
Category: Divorce ยป Child Support |
State: Wisconsin |
#30509
Answer:
“(1) WHEN ORDERED.
When the court approves a stipulation for child support under s. 767.34, enters a judgment of annulment, divorce, or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.001 (1) (f) or (j), 767.501, or 767.805 (3), the court shall do all of the following:
(a) Order either or both parents to pay an amount reasonable or necessary to fulfill a duty to support a child. The support amount must be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payers income and the requirements under s. 767.34 (2) (am) 1. to 3. are satisfied.
(b) Ensure that the parties have stipulated which party, if either is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its decision, the court shall consider whether the parent who is assigned responsibility for the childs health care expenses under s. 767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s. 632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent as an exemption for purposes of federal or state income taxes.
(c) In addition to ordering child support for a child under par. (a), assign as a support obligation responsibility for, and direct the manner of payment of, the childs health care expenses under s. 767.513.
(1g) CONSIDERATION OF FINANCIAL INFORMATION.
In determining child support payments, the court may consider all relevant financial information or other information relevant to the parents earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5).
(1j) PERCENTAGE STANDARD GENERALLY REQUIRED.
Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 (9).
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