When you are divorcing from your spouse, you may wonder how your children will be affected and how you will be able to support them financially. Ongoing support can be a major cause of stress in any divorce, which is why it is important to have a Madison child support lawyer on your side. At Balisle Family Law Legal Counsel, S.C., we work to ensure that the child support award is fair, whether you are the payer or the recipient.
Wisconsin child support guidelines use a formula based on a percentage of gross income, of a parent who is obligated to support the child. If both parents have placement of their children at least 25% of the time, then each parent’s gross income is used in the calculation. Gross income includes income from any source, whether or not it is reported or taxed under federal law. If one parent has placement less than 25% of the time, then only that parent’s income is taken into account in calculating child support.
After each party's gross income is determined, the method applies a percentage to the income of each parent according to the number of children requiring support and the number of overnights each child spends with each parent. Hence, the child support guidelines are based on each parent's income, the number of overnights a child spends with each parent, and whether a parent is supporting other children.
There are special formulas that apply in low-income, high-income, serial-payer, shared-placement, and split-custody situations. Further, upon request by a party, the court may deviate or modify child support payments determined by the child support guidelines if, after considering a number of factors, the court finds that use of the percentage standard is unfair to the child or to any of the parties.
A few other factors that may be considered include:
Our Madison family law attorneys at Balisle Family Law Legal Counsel, S.C. can help you identify both parties’ true incomes, estimate the amount of child support that should be paid in your situation, and discuss with you whether or not a deviation from the percentage standard may be appropriate in your case.
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