Child Support, does is ever really get reviewed?
Child support is like anything child related when it comes to the court, always susceptible for review. Child support is governed by Wisconsin Statute DCF 150. Once child support has been set, either parent can request review after three years. Although a lot of divorce papers require an annual review, this is typically not tracked by the child support agency, so the parties themselves have to keep a close eye on this. There is no guarantee that support will change. Typically, the agency is looking for a change in your income of at least 15% or $50 in support before they will consider making a recommendation to the Court for review.
Most counties charge a nominal fee to review the current order, somewhere between $30-$50. Once an agency receives a request for review, they will require each party to submit their latest tax filings, along with current pay check information and a copy of the latest Court Order. After receiving that information, they will make a recommendation for a change in the Order if necessary based on the parties current incomes and placement schedule. The agency themselves is not allowed to change an Order, so if the parties do not agree to their calculations, they have to file their request for review with the Court. At that time, the judge will set a hearing and the parties have to attend to determine the proper amount of support.
Child support in Wisconsin has gone through significant changes over the last few years. The new calculations and considerations make it difficult for a child support agent to simply pick up a file, get new numbers and make a recommendation. For that reason, you need to be aware of your own file and current situation. Keep in contact with the child support agency if your income changes, your employment changes or your schedule changes. If you are unsure of whether or not a review would be in your best interest, give me a call and we can sit down and discuss your situation and run those preliminary numbers.