Tag Archive for: custodial parent

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

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

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

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