Do I have to pay child support?

Know your WI child support rights.

Each state has child support guidelines for calculating child support. In Wisconsin, the child support calculation guidelines can be somewhat rigid.

What is child support based on in Wisconsin?

1. How many children are involved
2. The division of placement time
3. The gross income of the parties.

How is the child support amount set?

Every child support case is different and subject to variation. When there is a shared or equal placement situation, the guidelines provide a detailed formula combining both parent’s income and time spent with children. If one parent has placement less than 25% or 92 overnights per year (ex. every other weekend placement), there will be a percentage applied to his or her gross income for child support:

• 17% of income for 1 child
• 25% of income for 2 children
• 29% of income for 3 children
• 31% of income for 4 children
• 34% of income for 5 or more children

Check out our free-to-use child support calculator to see an estimate of what your payments could be. 

Factors in determining child support in Wisconsin

There are circumstances, governed by Wisconsin Statute Section 767.511 (1m) when the court can deviate from the guidelines and set child support higher or lower. The court will consider evidence supporting the following factors in determining whether to deviate from the child support guidelines:

• The financial resources of the child.
• The financial resources of both parents.
• Maintenance received by either party.
• The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).
• The needs of any person, other than the child, whom either party is legally obligated to support.
• If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.
• The desirability that the custodian remains in the home as a full-time parent.
• The cost of child care if the custodian works outside the home or the value of custodial services performed by the custodian if the custodian remains in the home.
• The award of substantial periods of physical placement to both parents.
• Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.41.
• The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under s. 767.513.
• The child's educational needs.
• The tax consequences to each party.
• The best interests of the child.
• The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.
• Any other factors which the court in each case determines are relevant.

If you have questions regarding support and if you are paying the correct percentage or amount, contact one of our skilled attorneys today. We can discuss collateral issues to the child support amount, such as variable expenses, health insurance and medical costs, and tax credits related to the children.

How long do I have to pay child support?

Wisconsin Statute Section 767.511(4) defines the amount of time a child support order will remain in effect. Essentially, the obligation to support your child(ren) continues until your child turns 18 or graduates from high school, whichever comes later. If your child is still pursuing a high school degree or GED, child support will continue until your child is 19 years old.

This does not mean that any unpaid child support will simply disappear once this child turns 18.  All past due child support, also known as arrears, continues to be owed even after the support order has lapsed. Under Wisconsin law, any arrears can be collected up to 20 years past the date of the youngest child ending the support order.

Take the next step — Reach out to our Wisconsin child custody attorney today.