Wisconsin Divorce Start Your Divorce Find Professionals Wisconsin Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Wisconsin Products Divorce by County
Recent Article List
In Wisconsin, an award of child support is subject to modification if future circumstances warrant revision. Johnson v. Johnson, 78 Wis.2d 137, 143-44, 254 N.W.2d 198 (1977). Wisconsin Stat. § 767.32 governs the analysis employed when deciding a motion to modify child support. Specifically, the statute states that a revision, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change of circumstances.
Although child support enforcement is primarily left up to state enforcement, a non-payment of child support may also become a federal criminal offense under certain conditions. Using the commerce clause as its base of authority, Congress enacted the Child Support Recovery Act of 1992 (CSRA), Pub. L. No. 102-521, making a willful failure to pay a past due support obligation, with respect to a child residing in another state, a federal offense. 18 U.S.C. § 228 The intent of the statute was to prevent non-custodial parents from fleeing across state lines to avoid paying their child support obligations and to facilitate recovery of unpaid child support.
Unless and until a person is established legally as the biological father of a child, he has few rights. He cannot enforce a parenting schedule, make legal decisions related to the child’s upbringing. A paternity proceeding may be brought at any time after the birth of a child. Under Wisconsin law, there are several ways that paternity may be legally established.
Wisconsin, like states across the America, has complied with federal requests to adopt uniform guidelines for determining child support. Although the laws in neighboring states may be similar, no two states have identical laws.
Whenever a Wisconsin court enters a judgment for divorce or legal separation, or issues a custody/placement order in some other action affecting the family, it must make a determination about child support.
The Wisconsin court may award spousal support or maintenance to either spouse, but the spouse requesting maintenance must specifically state so in the divorce petition. In determining the need, duration, and amount of maintenance, the judge considers the length of the marriage, the spouses' ages and physical and emotional health, the property division, and the conduct, or misconduct, of the spouses during the marriage and the divorce, among other factors.
Established in 1996
© 1996 - 2021 MH Sub I, LLC dba Divorce Source. All Rights Reserved.