It is no secret that the recession has been particularly hard on Wisconsin. In troubled economic times, court ordered child support takes on added importance. Parents depend on child support to provide the basis necessities, including food, clothing, and daycare, for their kids. When child support payments are missed, children suffer.
Recently, a Wisconsin man pleaded guilty to charges that he failed to pay legal child support. The 35-year-old Watertown man was initially ordered to pay $189 per month for the support of his child beginning December 1, 2000. However, prosecutors alleged he had not made any payments since October 2009. Since that time, the total amount of child support in arrearage amounted to $21,444.15.
As a result of his guilty plea, the man faces a maximum sentence of two years in prison, a $250,000 fine and restitution in the amount of child support he owes.
In tough economic times, child support payments become more important to the receiving parent and child. However, tough economic times can also make child support more difficult to afford for the parent who is under a legal obligation to make monthly payments.
When a child support issue reaches a criminal court, it is very possible for both of the parents and the child to be worse off as a result. If a paying spouse is imprisoned, his or her ability to make child support payments will be harmed. Before the situation is escalated to a criminal prosecution, it is important to remember that parents on both sides of the equation have legal remedies available.
The paying parent can request a downward modification if he or she can show that changed circumstances have harmed his or her ability to pay. The receiving parent has child support enforcement remedies as well. These remedies include income withholding, withholding income tax returns, property seizures, property liens and court-ordered punishment to encourage payment.
Source: Justice.gov, “Wisconsin Man Pleads Guilty to Failure to Pay Legal Child Support,” 5/17/2011
Married couples now lead fewer than half of Milwaukee households
Just as the face of the American family has changed, the way family law affects Wisconsin families has changed over the years. Just over 20 years ago, more than 60 percent of family households in Milwaukee were occupied by married couples.
In 2000, 55 percent of family homes in Milwaukee were occupied by a married couple. Today, only 49.5 percent of family homes are occupied by married people. Now, single parents lead the majority of family households in Milwaukee, according to the latest U.S. Census figures. The latest statistics say that women running households without husbands are four times more common than men without wives.
Roberta Coles, the chair of Marquette University social and cultural sciences department, says the trend is no surprise in a society where marriage has lost some of its charm. Coles also blames the economy. In some cases, Coles says, couples want to be married but just can’t afford it.
Even without the commitment of marriage, people are still in plenty of relationships and they are still having children. Some couples are waiting for the right financial moment to tie the knot, while others are completing education and career goals before marrying.
With poverty prevalent in Milwaukee, Coles says it’s likely that brides and grooms will continue to wait to walk down the aisle. The Marquette University chair said that poverty reduces the likelihood of marriage and increases cohabitation.
It is important to note that an increase in the number of children born to single parents has a significant impact on family law in Wisconsin. While a drop in marriage rates is likely to produce a drop in divorce rates, an increase in the rate of children born to single parents will make different types of family court proceedings more important. Without a divorce case that decides family issues, child support and child custody cases will be needed to determine both parents’ rights and obligations towards their children.
Source: Milwaukee Journal Sentinel, “Married couples dip below half of Milwaukee family households,” Georgia Pabst and Ben Poston, 5/11/2011
Wisconsin man pleads guilty to child support charges
It is no secret that the recession has been particularly hard on Wisconsin. In troubled economic times, court ordered child support takes on added importance. Parents depend on child support to provide the basis necessities, including food, clothing, and daycare, for their kids. When child support payments are missed, children suffer.
Recently, a Wisconsin man pleaded guilty to charges that he failed to pay legal child support. The 35-year-old Watertown man was initially ordered to pay $189 per month for the support of his child beginning December 1, 2000. However, prosecutors alleged he had not made any payments since October 2009. Since that time, the total amount of child support in arrearage amounted to $21,444.15.
As a result of his guilty plea, the man faces a maximum sentence of two years in prison, a $250,000 fine and restitution in the amount of child support he owes.
In tough economic times, child support payments become more important to the receiving parent and child. However, tough economic times can also make child support more difficult to afford for the parent who is under a legal obligation to make monthly payments.
When a child support issue reaches a criminal court, it is very possible for both of the parents and the child to be worse off as a result. If a paying spouse is imprisoned, his or her ability to make child support payments will be harmed. Before the situation is escalated to a criminal prosecution, it is important to remember that parents on both sides of the equation have legal remedies available.
The paying parent can request a downward modification if he or she can show that changed circumstances have harmed his or her ability to pay. The receiving parent has child support enforcement remedies as well. These remedies include income withholding, withholding income tax returns, property seizures, property liens and court-ordered punishment to encourage payment.
Source: Justice.gov, “Wisconsin Man Pleads Guilty to Failure to Pay Legal Child Support,” 5/17/2011
Should child support awards account for growing expenses?
Child support is typically awarded to the parent who does not have primary custody of a couple’s children. Child support is supposed to represent the amount of money that will be necessary to pay for the expenses related to caring for the child. Such expenses include the cost of housing, food and clothing.
Typically, once a child support award is set, then the amount stays the same, regardless of additional expenses that arise subsequent to a divorce. Unfortunately, circumstances often change after divorce, so it is important to consider the future when determining child support arrangements.
Failing to recognize that small children will one day turn into teenagers who will require additional money to feed them and meet their financial needs can leave the child and custodial parent with inadequate funds, or in the alternative, with the child support bearing parent spending more money than was required by the court.
In many cases, parents may simply agree to divide additional expenses that were not originally contemplated, such as those for sports or tuition. When things do not go smoothly, however, one or both parents, may petition the court to attempt to modify the court order. Child support modifications can be particularly helpful when circumstances have changed such that the original award is no longer appropriate.
Things tend to get even more confusing when a parent remarries. New step-parents may not understand the terms of the child support arrangement or the way additional expenses had historically been handled between the divorced parents.
Clear communication among adults can go a long way in helping to meet the financial needs of children. Respecting that Wisconsin child support awards are necessary for the children’s welfare, and that as kids turn into teenagers they cost more, can put a child support award in its proper perspective.
Source: The Pioneer Press, “Ex-Etiquette: Discuss money issues with parents, not kids,” Jann Blackstone-Ford and Sharyl Jupe, 29 June 2011
Iron Bowl tickets used to ensnare child support violators
Our Wisconsin readers who are gearing up for the 2011 college football season will be interested to read of a news story from Alabama involving child support enforcement and college football tickets.
For years, the Iron Bowl has been a tremendous draw for football fans as it pits the University of Alabama against its archrival, Auburn University. Traditionally held each Thanksgiving weekend, tickets for the Iron Bowl have sold for nearly $1,500 in recent years. Knowing the allure of this game for football fans, one sheriff used the promise of free Iron Bowl tickets to ensnare parents who were behind on their child support payments.
In the recent Alabama story, a sheriff sent letters to parents who were behind on their child support payments. The letters stated that the parents had been selected to receive free tickets to the Iron Bowl. However, when about one dozen parents showed up to a storefront rented especially for the occasion in order to collect their free tickets, they were arrested.
When a parent falls behind in child support payments in Wisconsin, there are two distinct options available. In the first option, the parent can return to court and request a downward modification of child support if he or she has suffered an involuntary loss of income, such as the loss of a job. The second option is less desirable for the parent who owes support, and it involves a wait-and-see approach.
If a parent who is behind on child support simply falls behind and does nothing else, that person can face contempt charges that include the possibility of a fine or jail time. In addition, the state of Wisconsin can withhold the parent’s income or income tax returns.
Source: Fox News, “Alabama Sheriff Uses Fake Iron Bowl Tickets to Smoke Out Suspected Deadbeat Parents,” Aug. 6, 2011
Terrell Owens pays back-owed child support
Milwaukee residents might have had a dim view of professional football players ever since Brett Favre went turncoat on the Packers and played for the Vikings. But here is some refreshing news about football players that might get them back into your good graces; former Cincinnati Bengal Terrell Owens has done the right thing and paid up his back child support.
As of August, Owens was two months behind on his child support payments and owed his daughter’s mother $10,000. He had claimed the NFL lockout was to blame for his missing payments, but a judge did not buy his story and ordered him to pay up anyway.
Owens had been late once before with his child support payments, which he was first ordered to pay in 2007. A judge took that into consideration when evaluating the request made by Owens’ daughter’s mother that Owens be jailed if he didn’t pay and eventually granted the request.
Even with that threat Owens still didn’t pay and was looking at time behind bars when he apparently had a change of heart Monday and paid the full $10,000.
The lawyer who represented Owens’ daughter’s mother said his client was pleased to have the matter resolved. Owens issued no formal comment.
In times like these, it is not too hard to get financially pinched. That being said, child support payments need to be made. After all, they are court-ordered and go for necessities like food, clothing and medical care, so children deserve to have them. If you are having trouble making your child support payments, don’t just stop on your own. It might be a good idea to have a consultation with a family law attorney to see if there is anything that can be done about the matter.
Source: The Atlanta Journal-Constitution, “T.O. Catches up on child support payments, avoids jail,” Christian Boone, Sept. 26, 2011
Facebook provides info on dead-beat Milwaukee dad
A Milwaukee, Wisconsin, dad who moved out of state years ago is being stalked on Facebook; by the U.S. Department of Health and Human Services.
The 46-year-old owes more than $100,000 in back child support for a daughter born in 1993. His last child support payment was made back in 1996 and he has been delinquent ever since. He is wanted in Milwaukee on six felony counts of unpaid child support and authorities need help tracking him down.
Federal officials have turned to Facebook to try and find his whereabouts. HHS authorities sent a search warrant to the social media site to get the private information behind the man’s Facebook account. While Facebook will not say how often they get served search warrants or what they pertain to, a spokeswoman says the social media site does adhere to all federal laws.
Facebook provided a CD with the man’s information to federal agents that included pictures, comments, a list of friends, messages, his work history and IP address activity. (The Internet Protocol address is the numerical address of each device used to communicate on the Internet like his computer or iPhone.)
The man is supposedly a fitness guru and personal trainer to the stars who also launched an online web/television site.
It is not uncommon for people to hide their income or work history from authorities in an effort to evade paying court-ordered child support. If you need help collecting child support please feel free to contact our Milwaukee, Wisconsin, Child Support family law firm or read more on our child support web page.
Source: jsonline.com, “Investigators tap Facebook for details in child support case,” John Diedrich, Aug. 3, 2012
Where you live can make a big difference in child support
Wisconsin basketball fans are familiar with Chris Bosh of the Miami Heat, whose team won the NBA title this past season. Bosh has recently been to court regarding his child support case. The child support dispute is centered on Bosh’s state of legal residence. According to documents supplied in court, Bosh signed an affidavit in 2010 when he secured a mortgage for his multi-million dollar Florida home. The affidavit stated that the home was his primary residence and that he was a resident of the state of Florida. Bosh, however, contends that he is not a Florida resident. He contends that he voted in 2008 in Texas and that he does not have a Florida driver’s license.
Bosh’s residency is paramount to the child support dispute. If Bosh is considered to be a Texas resident, he will only be required to pay $2,600 a month for child support. However, if the court finds that he is a Florida resident, he could be ordered to pay as much as $30,000 a month for child support. The child is question is 3 years old, and the custody and child support cases have been in progress for the child’s entire life.
Courts in some states use child support guidelines to determine how much child support a parent should pay. Although a basic formula is used to compute the average child support based on the noncustodial parent’s income and number of children to support, other factors may affect the amount that is ordered.
Courts will consider the overall financial needs of the child, expenses that go toward raising a child, the child’s medical needs, everyday expenses, extracurricular expenses and the best interests of the child when determining how much child support to award. Family law attorneys are aware of these factors and can assist families with child support cases.
Source: The Miami Herald, “Miami Heat’s Chris Bosh grilled over residency in child support suit,” Aug. 26, 2012
Wisconsin counties receive funds for child support improvements
Brown and Kenosha counties in Wisconsin will receive $2.6 million in federal funds as part of a five-year initiative to help parents make child support payments and reduce the number of delinquent payments. The counties will have some discretion in deciding how the federal funds will be used as long as the funds are used to provide non-custodial parents with resources that will help them support their families.
Examples of the types of services for which the counties may use the funds include helping a non-custodial parent find a job or providing transportation so the parent can get to work. These services will help the parent meet his or her support obligations. The focus of the program will be parents who have not made their monthly payments for child support in the last year after receiving a support order.
In Wisconsin, the amount of child support owed by a non-custodial parent is calculated based on a percentage of the parent’s monthly income according to statutory guidelines. Other factors, like both parents’ incomes and the number of overnight stays the child has with each parent, are considered when the parents share physical placement. Despite use of these standard guidelines, some parents may believe their support obligation is unfair. Failure to pay is not the answer. Timely child support payments are crucial to a child’s quality of life and also reduce the family’s need for government assistance.
An experienced child support attorney can help a parent obtain a fair child support settlement, modify a prior support order when one or both parties’ circumstances have changed materially, and enforce a child support order when one parent does not pay.
Source: FOX 11, “Counties receive funding to improve child support,” Oct. 28, 2012
Wisconsin dad barred from having more kids
A Racine County judge has told a 44-year-old Wisconsin man that he cannot have any more children until he is able to show he can support them financially. The man, who has nine children with six different women, owes almost $100,000 in delinquent child support. On December 3, the judge sentenced the man to three years of probation for delinquent payments. The order not to procreate is a condition of the probation.
A 2001 Wisconsin Supreme Court case gives the judge the authority to order the probation condition. That case also involved a man with nine children who was not making his child support payments. In its decision, the court said the man’s reproductive rights were not being violated because he could still procreate as long as he was paying his child support.
While this may be an extreme case, many non-custodial parents may find themselves falling behind in their child support payments and unable to get caught up. This can present substantial difficulty for a custodial parent who is not receiving timely payments needed to make ends meet. In Wisconsin, a non-custodial parent’s child support obligation is based on a percentage of the parent’s monthly income using statutory guidelines. If there is a substantial change in income or in the child’s needs, a modification of the child support order may become necessary.
An experienced child support attorney can help if one parent falls behind in payments. The attorney reviews the parties’ current circumstances to determine if a child support modification would be appropriate. The attorney also can help the custodial parent seek enforcement of an existing order.
Source: Milwaukee Journal Sentinel, “Behind in child support, dad barred from having more kids,” Dec. 4, 2012
Wisconsin man ordered to reveal unpaid child support
Last month, we reported that a judge had ordered a Wisconsin man not to have any more children until he demonstrates that he can financially support the nine children he already has. Now, another Wisconsin man has received a similar order, but in this latest case, the judge has gone one step further. The man also must reveal within three minutes of meeting a woman that he is a convicted felon with overdue child support obligations.
The unusual order came after the 28-year-old father pleaded guilty to the felony charge of failure to pay child support in 2011 for over 120 days. During sentencing, a Washburn County Circuit Court judge told him that he cannot have any more children until he is paid up on his delinquent support. This has been done before, following a previous case authorizing judges to issue such orders. The obligation to notify potential mates of one’s criminal past is novel, at least to this man.
These cases illustrate the risks of falling behind in child support payments. The more one falls behind, the more difficult it becomes to get caught up. A failure to pay can lead to child support enforcement proceedings and criminal charges. That is why it is important to seek help.
In Wisconsin, and in other states, the financial obligation of a non-custodial parent is often based on a percentage of the parent’s income applying a statutory child support formula. If there is a substantial change in circumstances, it may be possible to modify the original child support order. If you have fallen behind in your monthly payments, it can help to seek advice from a knowledgeable child support attorney who can review your financial circumstances and seek child support modification if appropriate.
Source: Milwaukee Journal Sentinel, “Wisconsin man in child support case ordered not to have more children,” The Associated Press, Jan. 17, 2013