Ex lost his job ~ 4/2013 and received unemployment. How will this affect child supp

[dihahey]

Wisconsin.
I have sole custody of my son. Ex has supervised visitations which he rarely uses. I have the health insurance and pay for daycare/school and extracurricular activities. My ex was making much more than last reported before he was laid off in April 2013. He collected unemployment until December when he went back to jail. He was just released yesterday and I received a letter from the agency for the 3 year review. Do they just use last years tax information to determine support? He will not have any pay stubs as he was in jail. I am asking how this could affect the support order so that I can determine whether or not to go through with the review. All information is greatly appreciated. Thank you!

 

[Ladyback1]

Wisconsin.
I have sole custody of my son. Ex has supervised visitations which he rarely uses. I have the health insurance and pay for daycare/school and extracurricular activities. My ex was making much more than last reported before he was laid off in April 2013. He collected unemployment until December when he went back to jail. He was just released yesterday and I received a letter from the agency for the 3 year review. Do they just use last years tax information to determine support? He will not have any pay stubs as he was in jail. I am asking how this could affect the support order so that I can determine whether or not to go through with the review. All information is greatly appreciated. Thank you!

Do you actually have a choice of whether you go through the review or not??

Based on my experience it could adversely effect the amount you receive. But, look at it honestly: He doesn't have a job now(?), and as a convicted felon it is going to be difficult for him to get a job, so in the grand scheme of things, what is he actually going to pay?? Doesn't matter what the court orders or the review orders, what can he pay realistically?

It sucks, and it's not fair sometimes how child support is calculated, figured, re-figured, but it is what it is.

 

[dihahey]

Do you actually have a choice of whether you go through the review or not??

Based on my experience it could adversely effect the amount you receive. But, look at it honestly: He doesn't have a job now(?), and as a convicted felon it is going to be difficult for him to get a job, so in the grand scheme of things, what is he actually going to pay?? Doesn't matter what the court orders or the review orders, what can he pay realistically?

It sucks, and it's not fair sometimes how child support is calculated, figured, re-figured, but it is what it is.

I am not sure if I have a choice or not. I have heard that they usually go by the earning potential. I will have to call tomorrow to see if I have a choice or not.

 

[Ohiogal]

I am not sure if I have a choice or not. I have heard that they usually go by the earning potential. I will have to call tomorrow to see if I have a choice or not.

Administratively, they go by actual income. They may not have the ability to IMPUTE income as that is usually a function of the court.