Wisconsin Child Support Changes in the Works

Whether it’s part of a divorce or a standalone custody matter, child support is an issue in many of my cases. Based on feedback from my clients, most people who pay it think they have to pay too much and most people who receive it don’t think they get enough. Wisconsin uses formulas to determine child support amounts, so the fact that both sides are usually unhappy with the amount leads me to believe that the formulas are right about where they need to be.

But not everyone agrees. A wealthy divorced dad and his attorney teamed up in 2013 with their local legislator, Joel Kleefisch, to write a bill that would lower child support payments for high-income earners. (Surely, the fact that the dad was a major contributor to Kleefisch’s campaign had nothing to do with having the representative’s ear.) That bill was unsuccessful, but similar terms are now being proposed again. Specifically, the proposal would cut child support for income between $300,000 and $500,000 to about half of what it is under the current guidelines.

Admittedly, things can get wonky with extremely high-income earners because the formula can lead to six-figure per year child support payments. Judges, however, do have the power to deviate from the formula in these cases under current law and typically do a good job of doing so. So, taken as a whole, I’d be for leaving things as they are–a view shared by the committee tasked with looking at the proposed changes and the Family Law Section of the Wisconsin Bar. But some practitioners are for it.

I’ll keep you updated when a final decision is made.

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