Will Your Child Have The Support They Need?
When you are in the midst of divorce, calculating child support can be a challenge. Whether your case involves two parents with similar incomes, a parent who earns an unusually high income than the other or one which requires the court to issue a guideline support order, Hammett, Bellin & Oswald, LLC, has the experience and knowledge to help you resolve your child support issue.
Our firm serves Appleton and Neenah with experienced family law representation, and we will work with you to ensure that your rights are protected and your child’s needs are met.
How Is Child Support Determined?
Except in high-income earner cases, the Wisconsin courts are required to use a specific computer program to determine the amount of child support that should be paid by one parent to the other. The amount of child support that the program determines must be paid is often referred to as a “guideline” support order. The data that is used to calculate a guideline support order has been the subject of extensive litigation over the years because of the financial impact that support orders have on parents and their children in family law cases.
Although a child support order must be based on admissible evidence, the court may consider documents and the testimony of experts, as well as the parents themselves to determine how much income parents have available for support purposes. The failure of a parent to present admissible evidence on his or her own behalf or make a timely objection to keep inappropriate evidence from being considered by the court could result in a child support order that is far above what the supporting parent should be paying or far below what the recipient parent should be receiving.
The strong public policy in favor of providing adequate child support has also led to an expansive use of “earning capacity” in setting a level of support that is consistent with the needs of the child(ren) instead of using the parent’s actual income. As a result, in certain cases, when determining the amount of child support to be paid, the court has discretion to consider a parent’s earning capacity instead of the parent’s actual income.
Answering Your Child Support Questions
Child support is a complex issue that requires the consideration of numerous factors. Therefore, whether you are seeking support from the other parent or opposing a request for child support, Hammett, Bellin & Oswald, LLC, offers free consultations that could start you on a path to resolving this issue in an equitable manner.