Greendale Child Support Attorney
One of the topics that often prolongs divorce proceedings is the discussion of which parent should provide child support or pay for the child’s needs. During a marriage, parents can opt to share the financial aspect of childcare, or one parent can take it over while the other ensures that the child’s needs are met. Regardless of how the financial burden of childcare is handled during the marriage, this issue becomes tricky once the parents decide to divorce.
In Greendale, WI, child support can be requested separately or as part of a divorce, custody, or paternity action. If approved, it remains active until the child turns 18 or finishes high school. Child support duration can be prolonged if the child has a medical ailment or disability that prevents them from earning for themselves. If the couple has two or more children, child support will be equally divided to provide for each child’s needs.
Davis and Associates Attorneys at Law is a trusted Greendale, WI family law firm that can assist you in fighting for child support for your children. When you request child support, we will assign you to one of our Greendale child support attorneys who can help you gather evidence to show how much your child will need and ensure they receive it. You can also count on us to provide legal advice to help you decide how to proceed if the other parent wishes to argue against child support or seek a lower amount.
Call Davis and Associates Attorneys at Law at (414) 422-8416 for Your Free Consultation with our Greendale Child Support attorney.
Child Support Calculation
The Greendale court handling your child support case will follow Wisconsin’s Child Support Standard to determine the amount of child support granted. The Standard provides guidelines on how courts can reach an equitable child support value for the children covered by the child support order. It also assumes that even if the parents are living apart due to divorce or other circumstances, they still spend a percentage of their income on their child’s needs.
Under the Standard, the amount of child support will consider the time spent by the children with either parent, the parent’s financial capability and gross income, and any other children the parent also has to support. If joint legal custody is ordered, it will not influence the amount of child support ordered. Additionally, the non-custodial parent is expected to continue paying child support even if the custodial parent does not allow them to exercise their physical placement rights.
It is important to note that the court may order the supporting party to pay more or less than the amount computed using the Child Support Standard if it sees that the amount would be unfair to the child or the parents. The court must explain why it will not use the guidelines during the order.
During the computation for child support, your Greendale child support attorney will ensure that the amount the court will grant for your children is enough to support their needs. We can also show you the sample computation that may be granted based on the Standard so you can determine the course of action you want us to take if the amount is not what you expected. If you are ordered to pay child support, we can work on a plan to help request a lower amount.
Child Support Enforcement
When a child support order is given, the assigned parent must pay the amount completely and on time without fail throughout the order. However, if the parent cannot pay child support or follow the child support order, the receiving parent can ask the court to cite them for contempt. The court can penalize the violating parent with fines and even include paying child support as part of their bail condition.
If you are the receiving parent, our Greendale child support attorney can help you ask the court to enforce the child support order. We can collect the necessary evidence and file the petition. Once the court sees a reason to hold the violating parent in contempt, we will ensure that the penalties are enforced and the missing payments are collected.
Child Support Modification
If you and the other parent wish to request a change to the child support order, you must formally petition the court for approval. Both parents must agree on the new payment amount and submit the necessary documents for the court’s review. Alternatively, they may engage their respective lawyers to file the request or enlist the assistance of their local child support agency to assess and file the modification request.
Once the court receives the request, it will examine whether there is substantial evidence to warrant the modification and whether it aligns with current standards before either accepting or denying it.
Our Greendale child support attorney can collaborate with you to draft a modification request that the other parent can consent to before filing. We can also negotiate on your behalf if the other parent opposes the proposed amount. If you’re the paying party, you can rely on Davis and Associates Attorneys at Law to assist you in negotiating the amount or contesting it.
Free Consultation Today
As parents, we bear the responsibility of ensuring that our children are provided for to pursue their goals, even if the family is no longer together.
Call Davis and Associates Attorneys at Law at (414) 422-8416 for Your Free Consultation with our Greendale Child Support attorney.