Modifying Child Support If Custody Schedule Changes

divorce lawyer Daniel LambertQuestion:

How can I modify child support payments if the child custody schedule has changed?

My teenage son has moved out of his mother’s house and now lives with me, yet I am still paying my ex-wife child support.

How can I have my child support payments to my ex-wife reduced?

Answer:

I can only provide general divorce tips for men and recommend that you consult with a mens divorce attorney licensed in your state concerning your divorce case.

Each state has its own guidelines on support and the factors that are used to calculate child support.

How Much Should You Be Paying?

State Child Support Calculators

Where I practice, the child support obligation is established by the parents’ income and the amount of visitation held by each parent. A final divorce judgment will place into order the parenting time of each parent. Child support will then be established by using the state guidelines.

If there is a change in the child custody schedule after the divorce judgment, the child support will not change unless a parent requests a modification of the current order. It is important to note that a change in the actual placement does not automatically result in a change in the placement order to reflect the change in circumstance.

Other states may be significantly different in this regard, but Wisconsin establishes the placement in view of what is in the best interest of the child. Even though the child may have his/her own preference on where to live, they are not the ultimate decision maker.

In contrast, if the parents agree to a change in custody, then an agreement can be submitted to the court with a request for the order to be changed to reflect their agreement. If both parents do not agree, litigation typically follows pursuant to the local county rules.

I strongly recommend that you consult with mens divorce lawyer licensed in your state to discuss the details of your current order and your state and county child support modification procedures.

To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel L. Lambert, please contact Cordell & Cordell Law Firm.

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