Brazil & Benske, LLC

When is child support modification possible?

When you get divorced in Wisconsin, a court sets the terms of your child support agreement based on your child's living situation and you and your ex-spouse's financial assets. However, the original child support payments may not be correct if your income changes. In certain circumstances, you may request that the terms of your child support agreements change to accommodate new financial realities.

The Wisconsin Department of Children and Families provides residents with important information about the state's child support laws. According to the guide, the state may modify child support agreements if the child's living arrangements and/or the parents' income changes. If you request a change, a child support agent or court official may review the case before making a decision. You and your ex-spouse may need to provide up-to-date financial information during the review process.

Three years is the standard timeline for reviewing child support orders. For example, the state requires a review of an order if either parent asks for a review more than three years after the last review. The court may also order a review if you receive cash benefits when it has been longer than three years from the previous review.

There are also circumstances where you may request a change and the court may decide whether to review your case. You may ask for a review at any time, but a court may not perform one unless it has been longer than three years since the last review or there is a significant change in your circumstances. For example, if you suffer a loss of income from a layoff, you may request lower child support payments. The court may not review your case if you voluntarily reduce your own income.

This general information about child support adjustment is intended to educate and should not be interpreted as legal advice.

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