Proposed changes to Wisconsin child support calculations will not advance

March 27, 2014 (Press-News.org) Proposed changes to Wisconsin child support calculations will not advance

Article provided by Murphy Johnson and Trampe SC
Visit us at http://www.murphypaulson.com/Practice-Areas/Family-Law/

A Wisconsin legislator recently withdrew a bill that would have changed the calculations for child support payments. The bill had generated debate especially when it was disclosed that a wealthy donor had requested specific changes to the bill.

The legislation sought to exclude a parent's assets and salary above $150,000 when calculating child support payments. It would also have directed courts to deduct the amount paid for health insurance premiums from child support. The standard for modifying existing orders would also have changed to take away some of the court's discretion in modifying supports payments.

While the proposed legislation will not be moving any closer to law, it is helpful to review current methods for determining child support in Wisconsin.

How is Wisconsin child support currently calculated?

In any Wisconsin divorce, issues of child custody and support can be some of the most contentious and emotionally charged. Seeking the assistance of a Wisconsin family law attorney may avoid the need to later return to court for a difficult modification.

Child support is determined by reviewing the gross income and assets of each parent. The amount of time that the child spends with each parent (physical placement) is also considered. A percentage standard is then applied to determine income available for support. The number of children also affects the calculation. In general, the parent who has less time with the child pays child support. Child support is generally payable until a child turns 18.

An order will also direct which parent can claim each child as an exemption for federal and state tax purposes. Often parents can agree to rotate exemptions between even and odd years or split the exemptions. Clearly stating who claims the exemption avoids future conflicts that might arise at tax time each year.

Another consideration is continuing health insurance coverage for the children and who pays for premiums. Detailing how out of pocket costs are split is also important.

Deviations from the standard

In certain cases, the court will vary from the percentage child support calculation if it is unfair to one of the parents or the child. Some of the factors the court considers are
-The best interests of the child;
- Maintenance received by either parent;
-The needs of each parent to support himself or herself;
-Extraordinary travel expenses; and
-The earning capacity of each parent related to the parent's education, work experience and training.

With the last factor, income is often imputed to an underemployed parent. This could result in a higher child support obligation than the percentages calculation.

Child support calculations impact how much you receive to raise your child. Consulting an attorney is one way to ensure a solid financial future.

Child Support Laws

Child support guidelines can be found in the Department of Children and Families (DCF) Code 150. The controlling statutes in Wisconsin are 767.57 and 767.59.