Can a parent file for modification of child support amount due to insufficiency of the current amount?
Full Question:
I reside in Wisconsin. The custody of my three minor children is with me. The present child support is not sufficient to meet the needs. I want to modify the child support amount. What is the remedy available to me in this regard?
01/18/2017 |
Category: Divorce ยป Child Support |
State: Wisconsin |
#30511
Answer:
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(1m) DEVIATION FROM STANDARD; FACTORS.
Upon request by a party, the court may modify the amount of child support payments determined under sub. (1j) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties:
(a) The financial resources of the child.
(b) The financial resources of both parents.
(bj) Maintenance received by either party.
(bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2)
(bz) The needs of any person, other than the child, whom either party is legally obligated to support.
(c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.
(d) The desirability that the custodian remain in the home as a full-time parent.
(e) The cost of child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
(ej) The award of substantial periods of physical placement to both parents.
(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.41.
(f) The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under s. 767.513.
(g) The childs educational needs.
(h) The tax consequences to each party.
(hm) The best interests of the child.
(hs) The earning capacity of each parent, based on each parents education, training and work experience and the availability of work in or near the parents community.
(i) Any other factors which the court in each case determines are relevant.
(1n) DEVIATION FROM STANDARD; RECORD.
If the court finds under sub. (1m) that use of the percentage standard is unfair to the child or the requesting party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the courts order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification.
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In Wisconsin, upon request by a party, the court may modify the amount of child support payments after considering certain factors. If the court finds that use of the percentage standard is unfair to the child or the requesting party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard. The statutory provisions in this regard have been provided in Wis. Stat. § 767.511, which reads as follows:
“***
(1m) DEVIATION FROM STANDARD; FACTORS.
Upon request by a party, the court may modify the amount of child support payments determined under sub. (1j) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties:
(a) The financial resources of the child.
(b) The financial resources of both parents.
(bj) Maintenance received by either party.
(bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2)
(bz) The needs of any person, other than the child, whom either party is legally obligated to support.
(c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.
(d) The desirability that the custodian remain in the home as a full-time parent.
(e) The cost of child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
(ej) The award of substantial periods of physical placement to both parents.
(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.41.
(f) The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under s. 767.513.
(g) The childs educational needs.
(h) The tax consequences to each party.
(hm) The best interests of the child.
(hs) The earning capacity of each parent, based on each parents education, training and work experience and the availability of work in or near the parents community.
(i) Any other factors which the court in each case determines are relevant.
(1n) DEVIATION FROM STANDARD; RECORD.
If the court finds under sub. (1m) that use of the percentage standard is unfair to the child or the requesting party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the courts order deviates from that amount, its reasons for finding that use of the percentage standard is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification.
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