unfair court order

[Joseph C. Kuehn]

On dec. 10th the chippewa county circuit court in the state of wisconsin, amended my child support payments. They have increased my payments from $328, to $825 per month. They baced this on yearly gross income of $58,000. I have 3 children and my wife that i need to support. It has been 5 years since they amended my payments. My question is, how can they determine this fair. To start with my hourly wage is $27.93 an hour. Can they legally sentence me to work overtime for 4 more years. I am a construction worker, not a doctor. Second, don't they have to consider my family. Just incase anyone is wondering it was a one time thing. I have only seen my other daughter twice in 14 years. Her mother is married with a family of her own. She has made it very clear that I will never be a real father to my child.
Do I have a legal leg to stand on, if I try to contest this?

 

[qtpie]

Wow! That's quite an increase!

I looked up WI guidelines at www.dwd.state.wi.us/bcs/pubs/setting2.htm and it looks to me like you're paying 17% of your gross monthly income-which is their standard.

And from what I've read, they rarely deviate from those guidelines. Were you represented by an attorney?

Have you ever thought about enforcing visitation for the child that you pay support for?

There are others on this board who are more familiar with child support appeals than I am. However, it may be worth it to ask the Court to gradually increase your support amount instead of raping you right off the bat with a $497 a month increase. That's insanity!

Hopefully, someone more experienced sees your post and offers some advice. Meanwhile, here is a link for more reading material that may interest you: www.deltabravo.net/custody/max-cs.htm

 

[usmcfamily]

In support issues the child that was born first is considered your primary responsibility to provide for -- meaning that you knowingly chose to have additional children with another woman when you had full knowledge there was a pre-existing child for whom you are financially responsible and that is how the court will look at it.....
Just for the record - one time thing or not there is still a child whom you helped to create and for whom you are responsible....as to her denying you the right to be a father to the child that too is your responsibility to pursue -- if you had truly been interested in being involved you needed to have pursued visitation rights through the courts (the support hearings would have been a good time to address that issue and nip the apparent bitterness you are feeling in the bud).
I don't mean to sound harsh but the fact of the matter is the only reason she is able to deny you a relationship with the child is that you have let it happen....and as for the support as I said you knew you already had one child when you chose to have three more. While I don't doubt that your expenses are exceeding your income the only suggestion the court is likely to give is to make it work......they are very hesitant to "punish" (take away from) the child receiving support when the NCP has subsequent children.
As to having a legal leg - I would suggest finding a family law attorney in your area who has experience in dealing with father's rights and setting up a consultation (most attorneys offer free initial consultations so it won't cost you anything) and outlining your situation with them as they will best be able to tell you - based on localized factors (ie the general "lean" of family courts in your area, specific state law, etc) what your chances are and you can decide from there if you want to pursue it -- HOWEVER since you are already worried about finances I feel you should know that whatever battle you choose to engage in could become lengthy and expensive and in the end cost you more than simply paying the increased support so be sure to think things through before you find yourself deeper in the hole...
Good Luck and God Bless

 

[Joseph C. Kuehn]

I guess I left out a few important details. My first born lives in my household. She has since birth. (1987) My daughter that is in question was born the following year. (1988) How can the state of Wis. consider my second child to be my first obligation. Am I wrong in my thinking? Please tell me if I'm confused on the basic mathmatics of this courts findings. The financial facts are as follows.
Gross: $57,228
FWT : $6,012
SWT : $3,861
OASDI : $3,610
Union dues: $612
Medicare : $844
fair labor K.B. : $760
Gas tax W. : $960
NET.... $40,569

Not that it makes any difference what so ever but as you can see Gross income is overrated. In my case, I give away 29% of my gross. Yesterday I picked up my pay check. Because of the holidays it was a 3 day week. This week my family and I get to live on $362. Yes you guessed it $190.39 a week child support started. Next week will be the same. Yes lots of people live on less and we will manage. Well enough crying. Back to the point. I did a little research on Wis. family law. There is a form intitled child support percentage worksheet. Found in chapter DWD 40 Appendix B. This worksheet MAY be used by the court if an order is deemed unfair to either party. The use of this form will be used if the payer has obligations dated earlier than the case at hand. Do I fit into this catagory.

Getting off track a bit, can someone please tell me how it can be that a (child support agency) can and has decided that I will work overtime every Saturday for the next 4 years? Reference my first question dated - Dec. 2001.

Thank you for your advice.
More advice on new information would be greatly appreciated.

 

[hound dog]

How many children do you have? How did they amend your support order w/o your knowledge? The only children they will take into consideration are your real children not your step children. Now if she had a attorney and you did not then that explains why you got rape. Normally now remember that all laws are different they take all the children in account and do a percentage where all children get equal amounts. Like in Georgia for 4 kids it is 30-34 % of your gross pay then they divide that into 4 and that is what each child gets..................I know it sucks b/c you r second family has to take a back sit for one child. Not that I am saying you should not support your child but 864 dollars is crazy I raise five I know one child does not take that much.I would contest it and see what happens . Good luck .... I would check out these fathers advocate groups and see if they can help you................you will be surprise .

 

[smh33]

Were you at the amended support hearing? If so did you address judge about wage differences,children??? If not present..start there...support/custody can be changed w/out the 'NCP' being present but, most states allow a min effort of trying to serve the papers....call courthouse/sheriff and get info, find out why you were not notified......30 days is usual appeal limit, file one if still can.... Yearly income, usually for court to consider fluctuating wage, you must show records from past years..tax returns,bank statements,etc..must prove wage does change. Letter from employer stating OT is not guarantee or same each mth,yr helps also. Really should just be useing your standard wage, unless majority of income is from OT.
Have a point about the first born...consult a lawyer on that...it does seem a double standard there. Would think your 1st child would equal a prior obligation requiring the use of different worksheet. Do not let appeal time expire if possible, may be only chance at resolution....