Tag Archive for: child support

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 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

Another Wisconsin man barred from having children

Wisconsin judges have a variety of means at their disposal for child support enforcement. They may order garnishment of a delinquent parent’s wages or income tax refunds, place liens on property or deny occupational and sporting licenses or even order jail time. Increasingly, Wisconsin judges have been resorting to an enforcement measure many view as extreme – they are ordering delinquent parents to refrain from having more children.

A Racine County judge made national headlines in December when he ordered that a man could not have any more children until he showed he could support them. In that case, the man owed around $90,000 in delinquent payments for nine existing children. Then, as we reported in a prior blog post in January, a Washburn County judge imposed similar conditions on another man who had been convicted of failure to pay child support. Now, a Sawyer County judge has adopted the same approach.

In the most recent case, a Hayward man who owes approximately $5,000 in back support for his three children was convicted on two felony counts of failure to pay support. In sentencing him to two years’ probation, the judge ordered that he refrain from procreating until he pays up. In an additional twist similar to the other case, the judge also ordered that the man disclose within three minutes after meeting any woman that he is a felon and owes back child support.

These cases demonstrate the serious consequences of falling behind on child support payments. If non-custodial parents find they cannot make court-ordered monthly payments, it is important for them to seek help. An experienced child support attorney can review a parent’s financial situation to determine if a child support modification would be appropriate.

Source: Duluth News Tribune, “State view: No-procreation order is just one solution to enforce child support,” Bruce Vielmetti, Jan. 23, 2013

Powerball winnings will go to unpaid child support

To the dismay of many Wisconsin residents, there was only one lucky person holding all of the winning numbers when the Powerball jackpot reached a near-record $338 million in March. That man will not be the only beneficiary of the $211 million lump sum payout, however. Also benefitting will be the children to whom he owes $29,000 in past-due child support payments dating back to 2009. According to law enforcement officials, a warrant has been issued in connection with the unpaid support, and the amounts owed will be withheld from man’s Powerball winnings.

While very few people will win the lottery, state child support agencies have numerous tools at their disposal to collect child support. In Wisconsin, most support obligations – about 75 percent – are collected by withholding the amounts owed from the parent’s paycheck. This is accomplished by providing notice to the parent’s employer. Unemployment, workers’ compensation, pension and social security disability benefits also are subject to withholding for child support.

If a parent owes back child support, the amounts owed may be withheld from lottery winnings of at least $1,000 as in the case of the recent Powerball winner. Tax refunds and bank accounts also are subject to seizure to satisfy past-due child support obligations. The obligation to pay back child support does not end when the child reaches age 18; enforcement may continue for another 20 years if the obligation remains unsatisfied.

Because the consequences can be severe if a parent does not meet his or her child support obligations, it is advisable to seek professional help before one gets behind on the monthly payments. Child support modification may be possible if there has been a change in circumstances, such as the loss of a job. A qualified family law attorney could advise as to whether modification may be possible in a particular case.

Source: Yahoo! News, “Powerball jackpot winner owes $29,000 in child support – sheriff,” Dave Warner, March 28, 2013

Wealthy socialite accused of child support fraud

Milwaukee residents may be interested to learn of a high-profile case involving a billionaire Wall Street financier and a well-known socialite. The couple has a five-year-old daughter. The mother is accused of conspiring with her boyfriend, a partial owner of the Tampa Bay Rays and a former executive at Goldman Sachs, to conceal her income in order to fraudulently obtain child support payments of approximately $50,000 per month from her former partner.

The suit was filed in a U.S. federal district court. Court documents allege that she fraudulently obtained the support payments to “improve upon her already extraordinary life of luxury, privilege and modest fame.” The 43-year-old mother is wealthy in her own right as the daughter of the former chairman of HSBC. She travels the world as an athlete and mountain climber.

The mother is accused of conspiring with her current partner to fraudulently classify millions of dollars in gifts as loans in order to avoid having those amounts considered in a child support determination. Classifying the cash payments as loans also allows the man to avoid paying IRS gift taxes on the money. Neither the mother nor her partner responded to several requests that they comment on the situation.

When a parent lies about income in order to affect the amount of child support paid or received, that may be considered fraud. A family law attorney may be able to help the other parent bring an action to have fraudulent child support awards set aside and to ensure the appropriate amount of support is paid. An attorney may also be able to negotiate a settlement to allow the parties to avoid going back to court.

Source: CNBC, “Millionares Clash Over Socialite’s Child Support Claims,” Peter Lattman, April 26, 2013

How income affects Milwaukee child support

Child support payments are designed to ensure that a custodial parent in Milwaukee has the funds necessary to pay for a child’s needs and care. However, there is a growing concern that the support system in America is inherently flawed. The concern is that people have children with wealthy partners not because they want children but because there is a financial incentive to do so. It is claimed that the child support system as it currently exists actually punishes the less powerful and wealthy partner in most cases.

In some cases, the non-custodial parent winds up paying more than they can afford. If payments are not made in a timely manner, then they continue to accrue with no way to reset or reduce them. There are also cases where the custodial parent is accused of using the funds for his or her own benefit rather than for the children. The lack of oversight on how child support payments are spent is frustrating for many people, but the courts argue that it would be nearly impossible to carefully monitor every penny paid in child support.

In Wisconsin, the custodial parent is referred to as having ‘physical placement” of the child. The courts may determine what the placement will be if the parents cannot reach an agreement., and the child support payments will be based partially on the physical placement of the children in question. Support levels are based on a percentage of the non-custodial parent’s income. There are also special cases where the percentages may be altered. This includes situations where parents have very high or low incomes, there is more than one family being supported, the parents have shared custody, or there are multiple children and placement of them is split.

The support agreement is binding in court, but it is not written in stone. Parents can request modifications if there are changes in their circumstances. They can ask for different custody arrangements, request an increase in child support or have the levels decreased if they are laid off. It’s important to understand all of the child support enforcement laws, what happens if the payments are delinquent and how modifications can be requested. An experienced divorce attorney may be able to help parents navigate the process and receive the appropriate child support levels.

Source: The Root, “Child-Support Laws: A Boon for Gold Diggers?”, Keli Goff, May 22, 2013

Study shows that raising a child is more expensive than ever

Wisconsin residents may be interested in a study which shows the cost of raising a child as being higher than ever. This may have implications in a divorce settlement where the amount of child support is an issue.

A study from the U.S. Department of Agriculture concludes that it takes an average of $241,080 to raise a child until adulthood. If the child goes to college, the study says that the number is almost double. While the actual amount varies depending on a number of factors, such as geography, income and size of the family, the average is still up from previous years. The new average for a child born in 2012 is the highest in the study’s history, 2.6 percent higher than the number from 2011 and 23 percent higher than the cost in the study’s first year in 1960.

Seven different categories are measured and ranked by the study. Across the board, housing was the largest proportion of expenses, averaging about 30 percent of the amount for one child. The actual numbers change depending on income levels, as well. For example, a family that has an income of less than $60,640 is likely to spend around $173,490 on their child until adulthood. A family making more than $105,000, however, averages more than double what the lower-income family spends.

Calculating child support payments in a contested divorce is extremely important, as these monthly payments are used by the custodial parent for everyday expenses and often help when that spouse has a lower income. An attorney who is familiar with child support and custody issues may be able to help ensure that the proper amount of child support is provided in the support agreement.

Source: LA Times, “Price tag for raising a baby until adulthood: $241,080”, Shan Li, August 29, 2013

‘Two and a Half Men” star involved in child support dispute

One of the stars of ‘Two and a Half Men”, the television show that is hugely popular with audiences in Wisconsin and around the country, is currently involved in a child support battle with his ex-wife. Actor Jon Cryer’s ex-wife recently filed a petition requesting increase in child support payments from $8,000 per month to nearly $90,000 per month for their now 13-year-old son. She is also asking her ex-husband to pay for her attorney’s fees. The couple divorced in 2004 after a five-year marriage.

The petition filed by the actor’s ex-wife states that this increase in child support is necessary now that her share of custody has jumped from 4 percent to 50 percent in order to maintain a ‘continuity of lifestyle” for the son. The complaint states that the son lives a certain lifestyle when he is with his father but has to live differently when he is with his mother. The increase in child support payments that she is requesting will enable her to provide the teenage boy with the amenities and privileges that his wealthy private school classmates currently enjoy.

The mother feels that her request is justifiable considering the fact that Mr. Cryer currently makes $2 million a month from his show while she has been unemployed for some time. In her petition the mother indicated that the boy was only able to “compete on a level playing field” with his peers while he was living with his father, and because of the disparity in their respective resources he was unable to do so while with his mother.

Neither parent has commented publicly on the case. A celebrity divorce attorney who is not connected with the case stated his belief that the mother’s claims were without legal validity.

Source: ABC News, “Jon Cryer’s ex wants nearly $90k per month in child support”, Luchina Fisher, October 29, 2013

Miscalculation of child support payments lands father in jail

A recent case in Texas may be instructive in pointing out to non-custodial parents in Wisconsin who are responsible for child support payments how strictly states are enforcing these obligations. A Texas father has been sentenced to six months in jail for being late with payments even though the late payments were caused by a clerical error by his employer. After receiving a bill for $3,000 in overdue payments, the father quickly paid it plus an additional $1,000 in order to stay ahead. However, a judge still sentenced him to six months in jail.

The payment shortage was the result of a clerical error that caused the father’s automated child support payments to be less than what they should have been. When the father discovered the error, he immediately worked to correct the imbalance by making the payments. The father’s attorney said she thought the matter would quickly be settled. However, the opposing attorney wanted to be paid $3,500 for her fees and said she was confident the judge would side with her.

Texas law stipulates that when a parent gets behind in child support payments, it can result in jail time even though they show up and bring their payments current. The father in this case received the maximum sentence of 6 months jail time. He says he was shocked when the verdict was pronounced, adding that it was an injustice and made no sense.

The father was not able to appeal the decision and is now serving out his sentence. The court was bound to follow the provisions of the Texas statute, even though it will likely mean that the father will likely be unable to meet his obligations while he is incarcerated.

Source: The Huffington Post, “Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall “, January 21, 2014