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#28765 - 08/27/05 02:04 PM ex trying to lower support.......
dadof5 Offline
recently joined

Registered: 08/27/05
Posts: 1
Maury,
My ex is trying to lower her support because she is attending a technical college for the fourth year in a row on a two year program. Now, I was told that if she is in arrears that according to wisconsin law they cannot lower it, is this true? She is over 1300.00 in arrears. The other thing it states that in wisconsin support can be modified as long as there is a substantial change and the change is somehting that has not previously addressed. Do you think she has a chance. She emailed me and told me that she was changing it on August 29th.She has a lawyer and I don't as of yet. We are also going through a custody fight too at this time. I will be hiring an attorney next week from Milwaukee, WI. But, she has to file an order to take me to court correct, to lower support? Thank you in advance for your reply :confused:

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#28766 - 08/29/05 03:48 PM Re: ex trying to lower support....... [Re: dadof5]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
They can lower child support prospectively --(going forward) if there has been a substantial change in circumstance. That is true whjether arrears exist or not. She cannot, however, seek a retroactive modification to wipe out the arrears.

Based on tye facts provided, I cannot see what might have changed warranting a modification. If she was not attending school previously, there is still no change since the choice to attend school is voluntary and would mean she is voluntarily underemployed.

She cannot modify suupport without filing a Motion.

Visit us at http://www.wisconsindivorcelawyers.com

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#28767 - 05/24/06 10:29 PM Re: ex trying to lower support....... [Re: Maury]
Susie Offline
recently joined

Registered: 05/24/06
Posts: 11
Loc: Wisconsin, USA
I pay support and I had to file a Motion to address the 6 wks in the summer that my children are with me and my ex receives support during that time. We eventually agreed that instead of the money going into my pocket the support overall would be lowered to pay on the arrears and I actually still pay the same amount I did before just more goes towards the arrears.

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