Supporting a child after divorce

As many Wisconsin parents have found, the payment of child support can become an issue at times. This might be true both for divorced couples and those who were never married. Support for a child is usually based upon state guidelines that take parental income and other factors into account. However, both parents are obligated to support a child until the age of 18 or until that child has been emancipated.

In the case of an unmarried couple, courts will not order support for the child without proof of paternity. Some fathers are willing to do this voluntarily. In other cases, a DNA test may be required.

For a parent who is paying support, falling behind in the payments may have serious consequences. This might include garnishment of a tax refund or wages, a property lien, suspension of his or her driver’s license and negative impact on a credit score. In addition, in some situations, when a parent does not pay support for the child, it may result in criminal prosecution with resulting fines or jail.

The financial situation of a paying parent may change for the worse in the event of a medical emergency or an unexpected layoff. This situation should be addressed as quickly as possible. The procedure for obtaining a modification of an existing child support order involves filing a motion with the court having jurisdiction and then appearing at a subsequent hearing. Those who need to do so should bring as much documentation as possible regarding the financial downturn to court with them. Attorneys will remind their clients that even if a modification is granted, it will have no effect on any payments that are in arrears.