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Waukesha County divorce attorney child support

Family law can be quite complicated, especially when you are facing a divorce and you have children. In fact, when dealing with a divorce in your family, one of the more consequential and important parts of the divorce process is the determination of child support. Based on the child’s custody type, either sole or shared, as well as a state-dictated percentage of one or both parents’ incomes, the calculation of child support can become rather challenging. Worse yet, if you do not entirely understand the process or you are not paying close enough attention, the calculation of child support in your case might be unfair and inequitable to both you and even your child. Here are some telltale signs that the child support payments might not be fair enough.

3 Signs Your Child Support Determination in Wisconsin Might Not Be Fair

If you have a feeling that something is not quite right about your child support agreement, follow that instinct. If any of them seem apparent to you, enlist the assistance of an experienced lawyer who can help you make the child support payments fairer for you and your child. Keep vigilant and watch out for these warning signs during the proceedings:

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Oconomowoc divorce attorney child support

When you get divorced as a parent, there are many extra things that you have to deal with that a childless person getting a divorce does not. In addition to deciding what you are going to do with the marital home, how you will split up your retirement funds, and who gets to keep the family pet, you will also have to determine how parenting time will be split up, where the children will live, and who will pay child support. Typically, the noncustodial parent, or the parent with the least amount of parenting time, is the one who pays child support to the other parent. Child support exists until the child turns 18 or finishes high school, but the terms of the support are not technically set in stone. Depending on your circumstances, you may be able to have your child support order modified in Wisconsin.

Reviewing a Child Support Order

The first step in having your child support order changed is having it reviewed by the court. When the court reviews a child support order, it is looking to see if the order follows the percentage of income guidelines, whether or not the order includes medical support, and whether or not there has been a significant change in circumstances since the last review or since the orders were established. The court does not hear all petitions for review, however.

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Oconomowoc child support attorney

Traditionally, child support payments were a product of divorce proceedings. If a husband and wife got divorced, the wife was typically granted sole custody of the children, while the husband had designated visitation rights. The husband would also pay a certain amount to the wife each month to help with the cost of raising the children. In today’s world, the situations in which child support is awarded have vastly changed, although the general purpose still remains the same. Child support is intended to be used for expenses relating to the child, such as clothing, food, and other essential items. Most courts across the country have agreed that both the mother and the father have the responsibility of financially providing for their children, regardless of where the child lives. Child support calculations can become confusing, but an experienced family law attorney can help explain the legal process.

Shared or Sole Custody?

The first factor you will want to consider during your calculations is whether you will share custody of your children or whether custody was awarded to just one parent. If one parent has full custody, then the non-custodial parent will pay child support to the custodial parent. The amount of child support is determined by a percentage of the payor's income as set forth by Wisconsin law. For example, if a couple has three children together, and the children all live with one parent, then the other parent is required to pay child support equal to 29 percent of his or her gross monthly income.

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Pewaukee parenting time attorney

Ending a marriage can be extremely difficult for many reasons. For some couples, their union ends in heartbreak with much tension between them. In other cases, the split is more peaceful, and ending the marriage allows the couple to close a chapter of their life in anticipation of a fresh start. Whatever the reasons, if you are a parent who is considering a divorce, it is important to realize that even though your marriage is over, your role as a parent does not stop. You will always be in your ex-spouse’s life, because you share children together, and it is both of your jobs to ensure your children are taken care of after the divorce.

Filing a Parenting Plan

Planning for how you will raise your children together after your Wisconsin divorce can be a tedious process. Wisconsin courts require parents to attend mediation sessions in order to create a parenting plan. If you and your spouse are able to reach a resolution on a parenting plan, the court will typically approve it, as long as the terms of the plan are reasonable, and both parents voluntarily agree to it. If the court waives the need for mediation, or if you and your spouse attended mediation and were unable to come to a mutual arrangement on matters, you will each have to submit a proposed parenting plan to the court in writing within 60 days. 

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