The State of Wisconsin allows both joint and sole legal custody in the event of a divorce. Child Custody refers to the legal and physical custody of a child. Legal custody refers to the right to make decisions concerning the child, while physical custody refers to caring for the child’s needs and providing for them. In Wisconsin, physical custody is called child placement. Primary placement refers to where the child lives most of the time in a joint custody arrangement. Whatever the circumstances, Divergent’s dedicated family law attorneys are here to help you protect your parental rights.
At Divergent we pride ourselves on our upfront quotes without hidden fees. Our flat fees guarantee worry-free legal representation while you go through divorce and child custody. Get a free initial consultation today from the top child custody attorneys in southeastern Wisconsin.
Mequon Child Custody & Placement Laws
Courts in Wisconsin presume 50/50 legal custody between parents is fair and optimal for the child upon entering divorce cases. To obtain sole custody, a parent must demonstrate to the court sole custody is better for the child than equal custody. 50/50 physical placement is most prevalent, and primary placement with one parent is more common than sole legal custody.
Joint legal custody means both parties will share custody evenly unless otherwise specified. 50/50 placement is the most common joint custody arrangement in Wisconsin. State law presumes joint custody is in the child’s best interest since parents get to make decisions together that affect their child. Major life decisions affecting children include religion, school, marriage or the military.
Sole Legal
Custody
Sole legal custody is harder to obtain in court. It typically only happens when one parent cannot carry out their parental responsibilities or both parents cannot agree on major life decisions (i.e. religion & schooling) involving their children. The party without custody may have to pay child support and could be granted visitation rights. If the separating couple is not married, the mother normally gets full custody until a paternity action is established. Unmarried and divorced fathers have fathers’ rights.
Child Placement &
Custody Mediation
Child custody mediation keeps custody and placement decisions out of court. Mediation services from Divergent are usually utilized when parents need help reaching a decision on custodial agreements. Many times, mediation is a preferable alternative to legal fees and emotional stress involved in a courtroom battle. If the parents can’t reach an agreement, the court will appoint a Guardian ad Litem who represents the best interest of the child during a pending case.
Post-Judgement Child Custody & Placement Modification in Mequon
Life changes such as a new residence or school may require new placement arrangements. Modifying a placement schedule is possible under certain circumstances. Check out our co-parenting resources to learn how to make any child placement arrangement a positive experience for your children.
How does child support work?
Child support is usually paid by the non-custodial parent and includes basic living costs such as food, clothing, housing, personal, health insurance and transportation. Variable costs can include child care, school tuition, special needs and activities with a substantial cost. Payments are distributed by direct deposit to an EPPIC MasterCard for those without direct deposit.
Child support payments are based on Wisconsin Income Guidelines:
1 child: 17% of income
2 children: 25% of income
3 children: 29% of income
4 children: 31% of income
5 children: 34% of income
Sources of income are:
Wages, salaries, earnings, tips, commissions, or bonuses from a job
Interest or capital gain from investments or properties
Workers compensation or personal injury awards meant to replace income
Unemployment insurance
Social Security Disability Income, excluding Supplemental Security Income or other assistance
Military allowances or veterans’ benefits
Other assets such as voluntary retirement contributions, cafeteria plans or undistributed corporation income
Special Support Guidelines exist for parents who have shared placement (child is with a parent for at least 25% of the time), split placement (one parent has one child while the other parent has another), serial family (support more than one family), or high or low incomes.
Adjusting Child Support
Getting child support modification in Wisconsin means legally increasing or decreasing your child support payments, with the option to add or adjust for medical support. You can find forms to adjust your child support payment on the Wisconsin Court System Forms site.
In order to grant a review to your child support payment, 3 questions will be asked:
Are payments in line with percentage of income guidelines?
Once a divorce is finalized, it’s likely that one parent will have to pay a decent sum in child support over the course of their child’s adolescence. If you’re concerned about how much you may have to pay or what you may receive, use our child support calculator.
Unsure about child support or custody? Contact our child custody attorneys for questions about primary or joint placement, placement modification, child support enforcement and more.
Divergent Family Law offers flexible payment plans and more divorce services, including:
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