Study shows fathers contribute in ways other than child support

Wisconsin fathers who are noncustodial parents may be interested in a new study published in the Journal of Marriage and Family in June that says the phenomenon of “deadbeat dads” who do not pay child support is overstated. In fact, according to the 2011 census, roughly the same percentage of mothers and fathers who are ordered to pay child support do so in full.

The study found that what one of the authors called “marginally employed” men still found ways to contribute to their children’s lives even if their record of paying child support suggested otherwise. The study found that among 367 lower-income fathers, almost half offered some sort of in-kind support such as school supplies or food. While only about 25 percent of the men paid court-recognized child support, roughly another 28 percent gave money directly to the mother.

Only 66 of the fathers in the study did not contribute any money at all to their children, but even among those men, the study found their in-kind contributions amounted to about $63 per month. According to the researchers, for many of these men, giving items instead of court-ordered child support made them feel more like providers and strengthened their bonds with their children.

While there are guidelines in place that determine how much child support will be ordered in a given case, parents may wish to obtain the assistance of family law attorneys to deal with these issues. Parents should also keep in mind that the amount of child support that they have been ordered to pay might be reduced if they have a change in material circumstances such as a job loss. However, in such a case, it is still necessary to go to court to request a modification, and until that point, the parent will still owe the amount that is ordered.

Jurisdiction over child support modification petitions

Many parents in Wisconsin are ordered to pay child support as part of their legal separation or divorce. If their financial circumstances later change significantly, they may want to file a motion to modify their child support amount. A question may arise about where to file the petition, however, in the event that any or all of them have moved out of the state that issued the child support order.

In order to determine the appropriate state in which to file, people should become familiar with the Uniform Interstate Family Support Act, which has been codified by every state and governs the jurisdictional issue. Under the act, if a state continues to be the residence of the payor, the payee or the child, that state will have jurisdiction. However, that means that several different states could have jurisdiction, so the law further defines jurisdiction in that event.

If the child is living in the state that issued the order, that state will continue to have exclusive jurisdiction over the matter. If the child is now living in a different state, the state that issued the most recent orderwill control.

Sometimes, long after a divorce decree and child support order have been issued, a person will experience financial setbacks and changes that make it difficult to pay the amount they were ordered to pay. It is important for them to continue paying the child support they have been ordered to pay until and unless they are able to get a child support modification order. If a modification request is granted, it will not be retroactive and will only apply going forward. People who need a modification of their child support may want to seek the help of a family law attorney to prepare and file the motion and then subsequently argue in court on the client’s behalf.

Fathers as well as mothers may ask for child support

When a divorce happens in Wisconsin, either parent might ask for child support. Whether or not that child support is granted depends upon several factors including income and how often each parent has the child in his or her care.

While women have traditionally been the recipients of child support, times have changed. Men may ask for child support now from their ex-wives depending upon the family situation. However, in some cases, both men and women may resist this in the belief that men should be the providers and women should be the main caregivers. This belief was expressed publicly by Bristol Palin, the daughter of former Alaska governor and vice-presidential candidate Sarah Palin, when the father of Bristol Palin’s child asked for child support.

A further complication is that, in some states, requesting child support may be necessary in order to apply for benefits such as food stamps. Furthermore, seeking child support may be a way for a father to be more involved in a child’s life. This may be particularly true if a father has primary physical custody of the child. On the other hand, there is still a wage gap between men and women, and men may be better positioned to pay child support.

In a divorce, old assumptions about who has custody and who pays support may no longer be valid. A father might have primary custody, or the parents might share joint custody but the mother may pay child support to the father. State laws will help to determine the amount of child support paid. Parents who are able to negotiate a legally binding child custody and support agreement with their attorneys may find that they attorneys can often work to mediate a divorce case in a civil and organized way.

Child support, tax exemptions and custody

Divorced Wisconsin parents who share custody of their child cannot both claim the child as a dependent on their federal income tax returns. Often, parents work around this by including a provision in their parenting agreement to claim the child in alternating years. Child support payments are neither income for tax purposes to the recipient nor are they deductible by the payer.

Parents who pay child support are also usually not allowed to claim the child as a dependent. This is based on where the child lives rather than the amount of financial support offered, so the custodial parent usually has this right. However, if the custodial parent signs an agreement as well as IRS Form 8332, the other parent can claim the child as a dependent.

A portion of the child support that is owed each year goes unpaid. In 2013, $10.4 billion of the $32.9 billion owed was never paid.

Child custody and support can be two of the most difficult elements of divorce to work out. Both parents may struggle with having less time with their children, but in some cases, they are able to negotiate an agreement that suits them both. An attorney may be able to assist a parent with negotiation or litigation. If the case goes to court, a judge will make a decision based on the best interests of the child. While there are guidelines in place for determining child support, a court may take other factors into account such as various expenses. A parent may need to return to court to get child support modified if there is a change in financial circumstances. The court system will also assist a parent in collecting unpaid child support.

MLB pitcher Bartolo Colon in child support dispute

Baseball fans in Wisconsin may be familiar with New York Mets pitcher Bartolo Colon. The 42-year-old pitcher, who has been nicknamed ‘Big Sexy,” is involved in a child support dispute with the 38-year-old mother of his 7-year-old daughter and 8-year-old son. The children were reportedly born while Colon was married to the mother of his other four children.

After the report about Colon’s child support issue came out on May 18, an associate of Colon’s denied the allegations. The man was at Colon’s home when reporters came to his door of his New Jersey home hours before Colon was scheduled to play in a game against the Washington Nationals. Though Colon left without speaking to reporters, his associate stated that Colon never missed a child support payment.

Colon has been married to his wife for 21 years and first met her when he was 13. The two first started dating when Colon was 17. During the marriage, Colon allegedly fathered two children with another woman from Washington Heights, New York. According to court records from Manhattan Supreme Court, Colon has been representing himself in a dispute with the other woman. Colon is expected to earn more than $7 million this baseball season.

A lawyer may be able to help a divorced parent to prepare for a child support hearing. Before the court date, a lawyer may gather financial information that can help a judge gain an accurate picture of the parent’s monthly income and expenses. If a parent has already been ordered to make child support payments that can no longer be afforded due to an unexpected financial downturn, a lawyer might file a motion for a modification of the order.

Source: New York Daily News, “Bartolo Colon hasn’t failed to support his two secret love children, associate says,” Molly Crane-Newman, May 18, 2016

Child support adjustments based on a job change

The conclusion of a divorce may not be the end of legal action related to child support. It might be necessary to return to the Wisconsin court system to seek a modification in certain situations. A parent needs to understand that the courts won’t typically get involved in such a matter unless there is a request for modification or a problem with child support compliance.

A couple of scenarios might occur in which a modification would be a priority. For example, if the non-custodial party loses a job or source of income, it would be prudent to ask for a reduction in child support payments to reflect the new financial situation. It could also be urgent for a parent who owes support to make a request for a temporary child support reduction if an urgent personal situation crops up and interferes with that party’s ability to work. Health emergencies, layoffs or other unplanned scenarios that reduce or completely halt one’s income temporarily could warrant such a request.

The custodial parent to whom child support is paid could also seek a modification in certain circumstances. If the party owing support experiences a positive financial change such as a raise or promotion, the custodial parent might ask the court to increase the required amount of child support. It is important to understand that a modification is not a retroactive action. This makes prompt attention to one’s concern a priority. Further, it is wise to have these matters finalized legally to avoid negative consequences such as wage garnishment for unpaid support.

An individual who is unsure of the process for seeking a modification in their support payments may find legal advice to be helpful and effective. It may be necessary to provide documentation of one’s financial changes to successfully demonstrate the need for a modification to the court.