Tag Archive for: child support

Diva’s father granted reduction in child support

Wisconsin parents who pay child support may be ordered to pay more when they take home a significant amount of income. However, parents may seek a reduction in the child support award if their income is reduced. Such was the case for one famous woman’s father who recently had the amount of the child support that he had to pay modified after seeing a significant drop in his income.

Mathew Knowles, father of the legendary diva Beyonce Knowles, sought a reduction in his child support payments after his income was drastically reduced. A hearing commenced earlier this year. Since the majority of his income came from managing his daughter’s career, Knowles was not able to pay the court-ordered amount after being fired in 2011.

The child support was ordered after an actress named Knowles in a paternity case. Knowles was still married at the time that he fathered the child. Beyonce’s mother filed for divorce about one month after her husband was named in the paternity case in 2009. The couple was together for about 30 years when the divorce action was finalized. The father had been paying $12,000 a month in child support while working for his superstar daughter. The judge agreed with Knowles’ argument that he has since had a much lower income and ordered him to pay about $2,500 a month. The order is retroactive to February 2013. However, Knowles was required to pay the actress’s legal fees of about $15,000.

Individuals who are paying child support may decide to file for a modification if their income changes. Through such a course of action, they may be able to get the support amount reduced to match their income level.

Source: The Huffington Post, “Beyonce’s Father, Mathew Knowles, Granted Cut In Child Support”, March 05, 2014

Social media results in charges for parents owing child support

Milwaukee County is making use of social media websites in an effort to deal with parents who neglect their child support payments. In some cases, the child support payment amounts provided have been minimal, but the parents who owed support made posts to their Facebook pages or other social media accounts that indicated the financial means to meet their obligations.

In at least one case, a father faces felony charges because of his post in which he bragged about his take-home pay. He has paid a total of $189 in child support during his 3-year-old child’s life, an average of 14 cents per day. The youngster is suffering from leukemia, which has resulted in extensive medical tests, treatments and stays in the hospital. According to an assistant district attorney for the county, social sites have provided an important tool in dealing with such non-support issues. In a separate case, a parent posted images in which wads of cash were displayed. The parent had only made one support payment ever, a total of $100. Another incident involved a man who made a significant purchase when support was due.

One may imagine that such posts are simply careless actions that the individuals failed to consider. However, officials indicate that there may be a sense that these details don’t matter and that they may not be monitored. As attention to such sites is considered during divorce and custody settlements, there may be more leverage available for lawyers representing custodial parents.

Access issues may be sensitive if an ex-spouse uses privacy protections to keep posts from displaying to those who might use such information in a legal setting. This makes it wise to consult an attorney about the possibility of investigating social media postings on an individual’s account.

Source: Opposing Views, “Fathers Face Charges For Avoiding Child Support, Bragging About Money On Facebook “, Sarah Fruchtnicht, July 17, 2014

Child support and the gender of the custodial parent

According to information released by the Census Bureau for 2011, mothers in Wisconsin and across the nation are statistically more likely to fail to pay court-ordered child support than fathers are. The data suggests that 25.1 percent of custodial mothers with child support agreements did not receive any of the child support to which they were entitled, as opposed to 32 percent of custodial fathers.

Nationally, $14.3 billion went unpaid in child support in 2011. Researchers have posited a hypothesis that because the average income of a woman-run household is about half that of a man’s, women who are struggling to maintain a base standard of living may be less likely to be able to make child support payments.

An additional factor is that many custodial fathers reject child support provisions in the divorce decree for a number of reasons. While a court generally orders the non-custodial parent to pay child support, it is believed that custodial fathers are not as likely to utilize government resources to help collect past due obligations as custodial mothers are. On average, when the father does not collect child support, the household income is over $9,000 higher annually, while custodial mothers’ household income drops by almost $4,200 per year.

When representing a parent who is going through a divorce, an attorney might examine the financial status of both spouses to help determine how likely the client is to receive all or part of the child support ordered by the court. The attorney can assist in incorporating a provision regarding this matter into a comprehensive settlement agreement to submit to the court for its approval.

Source: fivethirtyeight.com, “Are Moms Less Likely Than Dads To Pay Child Support?”, Mona Chalabi, Feb. 26, 2015

Using benefit garnishments to get child support

Many Wisconsin parents struggle with getting the child support they are owed from an ex-spouse or former partner. These parents understand that being granted child support is only the first hurdle they must jump through. What follows is often the much more difficult process of getting the money that is ordered. The good news is that parents have a variety of free or inexpensive methods available to them to claim current or past due child support payments.

The best time to collect on child support is always when the children in question are still minors. Attempting to collect back-owed child support after the child becomes an adult is much more difficult, and state agencies may not help a parent in such a situation.

A common way to collect unpaid support is to garnish Social Security benefits and tax returns. Since these payments are managed by government offices, they can easily withhold the payment of these funds and transfer the money to the parent who is owed support. Social Security benefits can usually be garnished up to 65 percent, so long as the payment is not considered SSI. A parent may also go after the other parent’s bank accounts. When collecting payments, the other parent’s current financial status is still considered. Garnishments are not mean to leave one parent completely bereft of income.

While it is possible to use free or inexpensive government services to collect child support, many parents may benefit from the use of a private attorney. An attorney may be able to help a parent understand all of their options for collecting support. They may help ensure that the case is kept a priority.

Deadbeat dad who went viral sentenced to 60 days in jail

A deadbeat dad who infamously told a Wisconsin TV station he couldn’t pay child support because he “died” in a car accident has been sentenced to 60 days in jail. He has also paid more than $10,000 in overdue child support payments with funds his grandfather gave him.

Authorities said the defendant, who lives with his parents and is unemployed, had paid only $100 in child support since his daughter’s birth in 2009. After he was in a car crash in 2010, he tried to claim he was disabled and could not work. However, records show that he worked full-time at his uncle’s auto shop in 2013 while participating in a jail work release program. Authorities also obtained video of him partying in Milwaukee night clubs shortly after his car accident.

In 2014, a reporter from TV station WITI approached the defendant for a comment after Milwaukee County prosecutors found photos and videos of him flaunting money under his rapper name on Facebook and Instagram. He told the reporter he couldn’t pay child support because he “died” in a car crash. The interview went viral. However, the defendant’s lawyer claims the cash flashed on the social media sites was fake. The defendant pleaded guilty to two felony charges of failure to pay child support. In addition to serving 60 days in jail, he must serve three years of probation and pay $100 a month in child support upon his release as a condition of his probation.

Custodial parents who are experiencing difficulty obtaining child support payments from noncustodial parents may wish to meet with a family law attorney. After reviewing the details of the case, an attorney can explain the remedies that are available.

Source: FOX 59, “Deadbeat dad who ‘died’ to get out of paying child support pays $10k, sentenced to jail,” Kylee Wierks, March 31, 2015

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.

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.