Validity of Annual Adjustment

[dhalb2009]

What is the name of your state (only U.S. law)? Wisconsin

I have been divorced exactly one year and my ex just took me back to court to have his child support reduced based on an increase in my income. However, in the divorce judgement and according to Wis Stat 767.553, an annual adjustment can only be brought forth based on a substantial change in the payer's income.

Further the Affidavit refers to a particular paragraph in our divorce judgment that specifically states "a significant change in the respondents income". (my ex being the respondent).

I do NOT have an attorney, however he does and i don't trust either of them. His attorney told the commissioner that because we have "shared placement" we are both considered "payers" therefore that statement refers to a change to EITHER of our incomes.

I can not find anything anywhere that supports what he said.

I have the opportunity to submit an objection to the ruling under the "5-day rule" and need to get this done today!!

Can somebody please help me???

 

[Zigner]

What is the name of your state (only U.S. law)? Wisconsin

I have been divorced exactly one year and my ex just took me back to court to have his child support reduced based on an increase in my income. However, in the divorce judgement and according to Wis Stat 767.553, an annual adjustment can only be brought forth based on a substantial change in the payer's income.

Further the Affidavit refers to a particular paragraph in our divorce judgment that specifically states "a significant change in the respondents income". (my ex being the respondent).

I do NOT have an attorney, however he does and i don't trust either of them. His attorney told the commissioner that because we have "shared placement" we are both considered "payers" therefore that statement refers to a change to EITHER of our incomes.

I can not find anything anywhere that supports what he said.

I have the opportunity to submit an objection to the ruling under the "5-day rule" and need to get this done today!!

Can somebody please help me???

I suggest you find an attorney on the 11th of this month at the latest!

 

[dhalb2009]

finding an attorney where i live is a joke

and it's already the 15th! if the attorney i originally used was any good, i wouldn't be where i am today. my ex screwed me over in so many ways because he had a good and sneaky attorney. And because my attorney was too lame to catch any of it, i am still suffering for it.

 

[Zigner]

finding an attorney where i live is a joke

Yet, your ex found a good one...

You waited for the last minute.

 

[Silverplum]

What else might have changed that could make this request valid?

Read here, for starters:

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=WI#11

 

[truebluemd]

There must be a material change in circumstances. Do you know his current income. you need to run the numbers to see what the difference in CS would be with the new numbers.

I can only tell you from my experience with my court that if there is no material change, the judge will throw it out of court. In my case, both our salaries had slightly increased since the last hearing, but the judge said it only resulted in about $20-$30 decrease in his CS, and that was not enough change to award a modification and it was dismissed. You should get an atty if he has a sneakly lawher, but if you can run the numbers and theres no CIC, then thats what you say in front of the judge, after you prove it with both you and ex's financial info.

 

[dhalb2009]

my income significantly increased as prior to the divorce i was a stay at home mom and primary caregiver...however i was required by the courts to seek full-time employment.

the CS was originally based on "potential earnings" - however since September I have found fulltime work and actually have an income of my own, which is more than what the cs was originally calculated - although still more than 1/2 of what my ex earns.

i am not disputing the adjustment...i'm disputing the premise under which the adjustment is being made.

according to our MSA - the annual adjustment can only be made if there is a significant change in the payers (HIS) income...not the payee's (mine)!

somehow his attorney was able to convince the commissioner otherwise and i am seeking whether his statement is valid or not.

 

[TinkerBelleLuvr]

Wisconsin is based on the PAYER'S income. The OP, as the CP's income plays no part in the child support calculation unless there is a shared parenting schedule.

DCF 150.03 Support orders. (1) DETERMINING CHILD
SUPPORT USING THE PERCENTAGE STANDARD. The court shall determine
a parent’s monthly income available for child support by
adding together the parent’s annual gross income or, if applicable,
the parent’s annual income modified for business expenses; the
parent’s annual income imputed based on earning capacity; and
the parent’s annual income imputed from assets, and dividing that
total by 12. This may be done by completing the worksheet in
Appendix B, although use of the worksheet for this purpose is not
required. Except as provided in s. DCF 150.04 (4) and (5), the percentage
of the parent’s monthly income available for child support

or adjusted monthly income available for child support that
constitutes the child support obligation shall be:
(a) 17% for one child;
(b) 25% for 2 children;
(c) 29% for 3 children;
(d) 31% for 4 children; and
(e) 34% for 5 or more children.

http://www.legis.state.wi.us/rsb/code/dcf/dcf150.pdf

 

[Silverplum]

What else has changed? (Read the link provided: there are more allowable reasons than the one upon which you are focused.)

Your timeshare with the children, for instance: has it decreased?

my income significantly increased as prior to the divorce i was a stay at home mom and primary caregiver...however i was required by the courts to seek full-time employment.

the CS was originally based on "potential earnings" - however since September I have found fulltime work and actually have an income of my own, which is more than what the cs was originally calculated - although still more than 1/2 of what my ex earns.

i am not disputing the adjustment...i'm disputing the premise under which the adjustment is being made.

according to our MSA - the annual adjustment can only be made if there is a significant change in the payers (HIS) income...not the payee's (mine)!

somehow his attorney was able to convince the commissioner otherwise and i am seeking whether his statement is valid or not.

 

[TinkerBelleLuvr]

child support modifications
Under Wisconsin laws, modifications to court ordered support obligations may only be made by order of that court and then only under a substantial change in circumstances.

Who can file a petition for modification of support?
A petition to a court for modification of a child support order can be made by either parent separately with a showing of a substantial change in circumstances, by both parents in a stipulated agreement which is submitted to the court for approval, or by the Wisconsin child support enforcement agency.

what is a substantial change in circumstances?
A substantial change in circumstances is relative to the parties to the case and the child or children to whom the obligation of support is owed. circumstances that would not likely qualify as substantial changes would be temporary job loss, moves even if a result of employment, elective surgery or investment losses. For information about your sitatuation, please contact an attorney at Stillings & Buchinger, LLC; they offer a free initial consultation.

Can the length of support orders be changed?
Under Wisconsin law, a duty to support a child is owed until that child attains the age of 18 years or graduates from highschool, whichever occurs last. Wisconsin law provides a cap on how long child support is owed if the child has not graduated from high school.

Parents can stipulate to other terms of child support. For instance, Wisconsin law does not provide that child support be paid during college years, however parents that care about their children obtaining a college education and affording it can agree otherwise. For example, they might agree to have support paid through the age of twenty-five years or until the child graduates from college, whichever occurs first. In those instances, the child support enforcement agency may send the receiving parent a form to verify that the child is still in school. The parent completes the form and returns it to the agency and no assistance is needed from an attorney.

http://www.stillingsbuchinger.com/ChangingChildSupportOrder.shtml

 

[Zephyr]

For instance, Wisconsin law does not provide that child support be paid during college years, however parents that care about their children obtaining a college education and affording it can agree otherwise.

OMG

 

[TinkerBelleLuvr]

Zephyr - teach me not to read the ENTIRE thing that I copied from a website. Hey, the attorneys are trying to generate more fees!!

 

[Zephyr]

Zephyr - teach me not to read the ENTIRE thing that I copied from a website. Hey, the attorneys are trying to generate more fees!!

I read that and thought...jeez I guess parents who make their kids work for what they want must not care....

 

[TinkerBelleLuvr]

Notice that it did mention about the parents' being able to afford paying for it.

 

[nextwife]

WHAT is your custody arrangement? Wi uses more than one CS calculator, depending on placement. And there are shared income variables. If you were previously un or under employed, then there may now be a valid reason to revisit and establsih CS based on both parents incomes.

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