Child support as a concept refers to the obligation parents owe their children over the course of their childhood and adolescence, in both economic and non-economic terms. The economic aspects of child support in Wisconsin is governed by Wisconsin Statute 767.511, along with the Administrative Code DCF 150. These two laws create a framework to how child support works, determining how much is child support in Wisconsin, and how long you pay child support in the state of Wisconsin.
What happens if you don’t pay child support as ordered?
Child support laws are enforced aggressively when payments become delinquent as parents are required by law to financially provide for their children. Failure to pay child support is considered contempt of court, a very serious offense.
If a parent has repeatedly failed to pay the child support they owe, you'll likely be served and ordered to appear in court for a child support hearing. Failure to show up to court will lead to a warrant for your arrest and possible jail time.
No matter what the circumstances are, the parent who owes child support should do everything in their power to pay what they owe or at a minimum, be in touch with the other parent and the courts to explain why they haven't been paying. But a lack of payment and a lack of reason is likely to lead to arrest rather quickly.
Wage Garnishments
The most common form of arrears collecting is in the form of wage garnishment. The court will determine what percentage of wages can be garnished based upon the amount owed in child support.
Intercepting Pension Payments
Under section 49.852 of Wisconsin Statutes, the Department of Children and Families may direct the department of employee trust funds to intercept funds to fulfill a child support lien for the obligor.
Liens Against Property
Under Wisconsin Statue 49.854 the Department of Children and Families may enforce a legal lien against accounts at financial institutions, personal property, real estate, or against rights to the property.
Suspend or Restrict License
Under Wisconsin Statue 49.857 the Department of Children and Families may restrict, deny renewal, and or suspend licensure of any license granted by the department of safety and professional services.
How long do you pay child support in Wisconsin?
In Wisconsin, child support is required until the child turns 18. An exception is made if the child turns 18 and is still pursuing their high school diploma through a qualifying program, at which point the age is raised to 19. Note that a child moving out of the other parent’s home does not end the responsibility to pay child support, it will still be owed until the above circumstances have been met.
What are some recent changes to child support law in Wisconsin?
In 2018, Wisconsin child support law went through an overhaul, with a few key calculations being updated to provide more equity to shared parenting scenarios. The crux of this renovation was a change to how variable costs are calculated going forward. Variable costs are defined as reasonable costs incurred above basic support, such as childcare, tuition for a private school, and any special needs the child has. In the previous system, the parent with the most custody time would have the most say over these purchases, and then be compensated by the parent paying child support. This system provided little opportunity for the paying parent to have a say in how variable costs would be incurred. In the interest of equity, variable costs will now be defined by the parents going into the child support scenario. If the parents are unable to come to an agreement, the court will define variable costs with input from both the parents. Note that certain items will be mandatory, including transportation costs.
The changes also saw an expansion of what courts consider “overnights,” for the purposes of calculating a shared-placement plan. Under the old rule, overnight was a literal designation, this has been eased. Now the day will be broken down into 6-hour intervals that include a meal. If a child is with a parent for at least 2 of these intervals, and the child has received two meals, this will qualify as an “overnight.” This has implications for who will qualify for shared-placement and how costs will be divided, moving towards a more equitable assessment.
If you have been accused of a crime, your first strep should be to consult with a criminal law attorney.
At Jones Law Firm we can help. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
