Under Wisconsin law, child support is ordinarily ordered to be paid until the child is:
1. legally emancipated (becomes self-supporting}
2. reaches the age of eighteen, or
3. graduates from high school
whichever occurs later, but in no event after the child reaches the age of nineteen if the child is pursuing an accredited course of instruction leading to the equivalent of a high school diploma.
What should I do if my ex refuses to pay child support in Wisconsin?
Interest normally accrues on past-due child support in Wisconsin. The amount of interest is determined by the state and is calculated by WI SCTF on any arrearages of record. If your former spouse is, it’s important to contact your attorney, who may file a contempt motion to address the issue of nonpayment, attorney’s fees, and costs.
The judge may order payment of both the current amount of support and an additional amount to be paid each month until the past due child support is paid in full.
How much help can I get from the state when child support isn’t paid?
Whether and when the state of Wisconsin will help you collect back child support and the methods they will use depend on the amount of back child support owed. Each set of facts and circumstances is different, so there is no hard and fast rule that applies in every situation. If you’re wondering what can be done in your situation, contact your local county corporation counsel’s office to obtain specific information or contact an experienced Beloit Family Law attorney to discuss your situation further.
What are the consequences of not paying child support in Wisconsin?
Driver’s, recreational, and professional licenses may be suspended if more than three months of child support is owed. If more than $500 in back support is due, state or federal income tax refunds can be intercepted. When more than $2,500 is owed, a passport can be denied. In some cases, failure to pay child support can result in a jail sentence.
Calculating how much child support is owed
If one pays the health insurance premium for your child, the amount paid may be taken into account when calculating child support. One may ask the court for a downward deviation from the child support guidelines because he is paying the minor child’s health insurance premium. Alternatively, the court may order the health insurance premium for the minor child split on a 50/50 basis.
Generally, the minor child’s uninsured medical expenses are split between you and your ex on a 50/50 basis. However, the court must consider each party’s ability to pay uninsured medical expenses when deciding how much each person will be ordered to pay.
Responsibility for a contribution to the cost of the other parent’s premium for the BadgetCare Plus program (Wisconsin’s health care program for children under nineteen years of age and families) may be ordered by the court. The court may incorporate responsibility for a contribution to the cost of the premium as an upward or downward adjustment to a payer’s child support obligation.
Finally, the legal duty of a parent to support a child does not include payment for college education. However, if your spouse voluntarily agrees to pay this expense, it may be included in the marital settlement agreement and findings of fact, conclusions of law, and judgment of divorce.
Is your ex-spouse refusing to pay child support? It’s crucial to contact an experienced Beloit family law attorney as soon as possible to discuss your options moving forward. click here for a free consultation with the Fitzgerald law Firm.
At The Fitzgerald Law Firm your initial consultation is always free and you will always meet directly with one of our attorneys. We understand that appointments during traditional working hours may not be convenient for all, and thus we strive to be available for evening, weekend, and off-site appointments. Contact us today to schedule your free consultation.
Photo credit: Sal
