can an ex ask for more child support if both parents has equal legal and physical

[Ipromisetowrite]

In WI, if you share placement where each parent has more than 92 days/yr & that fact is in the CO, the judges may use a shared placement formula to determine whether there is support owed, how much & to whom. If one parent has less than 92 days it is typically a straight percentage. Here is a link to a worksheet that helps with that formula. To use it you will need to know # of days court ordered to each party, monthly income & some other info.

http://dcf.wisconsin.gov/bcs/pdf/worksheets_shared_placement.pdf

This amount will not include the variable costs which are defined by the state as "reasonable costs above basic support costs. These costs include child care, tuition and a child’s special needs" per the definitions page on the WI DCF site. The worksheets can at least give you an idea of what to expect although judges don't necessarily have to follow them. I believe there are also different standards for very high or very low income payers. Also, in WI Child Support can be reviewed by the CS enforcement agency after 3 years - less if there is a significant change, a court orders a review done, or one of the parents goes on assistance.

More info is here:

http://dcf.wisconsin.gov/bcs/review_2.htm

thanks for the helpful links

 

[girlwapuppytat]

(reside in Wisconsin)

Can an ex ask for more child support if both parents has equal legal and physical custody of both children? When they divorced 8 years ago, the arrangement through the court was that 1) they both have equal legal and physical custody of both children, 2) both children be under the insurance of the father's employer, 3) the father was ordered to pay $60.00/month for child support, 4) the ex-wife was ordered to pay $30.00/month to the husband for the health insurance he is providing through his work for the children.

Along the way, the ex-wife stop paying that $30.00/month. The child support he pays is automatically taken out from his checks. He doesn't care and doesn't ask for that $30.00/month from her. But 8 years later, he is making more money, and her income status hasn't change, can she request and get approve for more child support? They still share equal legal and physical custody of both children. Will the judge approve such a request, given that they share equal legal and physical custody of both children?

Just wanted to comment that in WI, the right term for where the kids live is "placement", and who makes the decisions is "custody"... that's just what my lawyer told me, it's been a few years though

Also, though I know you have said a bunch on this issue already, I just caution you about how much you help him out in this. it sounds like you just want to know... just make sure HE knows, because in the hearing ,he's on his own, you can't sit up there with him (unless you are a lawyer?) so if he doesn't get what is going on, he's going to flounder. Also, at the hearing, keep your mouth SHUT, seriously, or just don't go if you can't, I've seen this go down very badly