If a parent’s life circumstances change, they may qualify to have their court-ordered child support agreement changed by the Wisconsin court.
When parents decide to get divorced, children may be stuck in the middle of the emotional and financial turmoil that may occur as a result of a separation. As a way to bridge the financial gap that a family may experience after a divorce, the non-custodial parent is often ordered to pay child support. Although a child support agreement is a legally binding document, a situation or event may arise where a child support modification is needed. Whether certain terms in the agreement no longer apply or there are new circumstances to consider, Wisconsin has a specific process that is used to change a court-ordered child support agreement.
Who qualifies for child support modification?
According to Wisconsin statutes, in order to modify an existing child support order, a party must demonstrate there is a substantial change in circumstances, which can be shown by the following:
- Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer’s income, evidenced by information received under s. 49.22(2m) by the department or the county child support agency under sec. 59.53 (5) or by other information, from the payer’s income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.
- A change in the needs of the child.
- A change in the payer’s earning capacity.
- Any other factor that the court determines is relevant.
Parents who have had a change in income because they were fired from a job or willingly left their place of employment will not qualify for child support modification. The Wisconsin Department of Children and Families notes other situations which may justify a change in circumstances including if there is a change in custody, incarceration of the paying parent, or a change in medical support needs of the child.
How to change an existing child support order
There are several ways that parents can apply for an adjustment in their child support amount. If both parents are in agreement over the monetary change and wish to complete the process without legal assistance, they can simply fill out an online form and submit it to the child support agency, according to the Wisconsin Bureau of Child Support.
A review of the case can also be conducted by the child support agency if the court or a parent has asked them to do so, and a review has not been conducted within the last three years. If the agency finds that the couple does qualify for modification, they will create a legal form, also called a stipulation, which must then be signed by both parents.
In a case where one parent refuses to sign the stipulation, the agency may send the document to the court. After the court reviews the modification, it can determine whether the adjustment in child support is approved.
Partner with an attorney
If you have experienced a serious change in life circumstances and need your original child support amount modified, you may want to contact an established family attorney. A lawyer can offer vital legal support that will help you get through the modification process and ensure that your rights are upheld along the way.
Keywords: child support, modification
