Child Support: Perception versus law

Wisconsin parents who are contemplating the end of their marriage often find that child support becomes a contentious issue if an agreement cannot otherwise be reached. A recently-published study has revealed that many people feel that the way in which child support is ordered by the courts is not entirely fair.

The study, conducted by two Arizona State University professors, involved presenting to a group of prospective jurors in Arizona as well as to residents of England some hypothetical child support scenarios and asking how they would rule if they were judges entrusted with setting the amount to be paid. The study found that residents of both countries felt that the amount established for child support should be impacted by the custodial parent’s income. Presently, many states only take the income of the non-custodial parent’s into account when determining the amount to be paid.

The authors of the study also found that many of the respondents felt that the support amount needed to be adjusted if the custodial parent remarried, even though stepparents usually are under no legal obligation to support their stepchildren. An attorney familiar with the study pointed out that often both parents think that the child support system is unfair, as the noncustodial parent feels that the amount is too high while the recipient believes it to be insufficient.

There are often situations that arise where a parent who has been ordered to pay support simply becomes financially unable to do so, whether due to unemployment or a similar adverse change. In such an event, an attorney might assist in submitting a motion to modify the order to the court having jurisdiction.