A Wisconsin state legislator has sponsored a bill that would establish custody parity between divorcing parents in that state. Assembly Bill 540 would establish a presumption that equal custody between parents is the best situation for children. The bill also contains changes that impact child support, such as the counting of health insurance premium payments as part of support payments and the cut-off of the amount of income subject to support at $150,000. There is a provision for revision of ordered support in the event that the payor suffers a reduction in income as well.
One family law attorney stated that under the proposed law parents may still make their own arrangements and that the court will not insist on equal custody when there are serious issues with either the mother or father. He also expressed regret that people are legally bound to ordered support amounts that are difficult to pay sometimes due to unforeseen circumstances. Fathers also may have difficulty obtaining equal custody at times and must engage in expensive litigation to obtain parental rights.
Another family law attorney disagreed, characterizing the bill as not being tailored specifically to each case. She also took issue with the inclusion of insurance premium payments in support and the capping of income subject to support, opining that a child should share in the good luck of a parent making an increased income.
The proposed bill does not force family courts to order equal custody but does require that they make the effort when possible. Child custody disputes and divorce can be emotional and adversarial at times. However, the best interests of the child require that parental rights be carefully considered.
Source: WKOV, “GOP bill would change WI child custody, support laws“, Greg Neumann, December 09, 2013
