Hit From Behind
Junior Member
What is the name of your state? Wisconsin
My ex-husband and I were last in court nearly 3 years ago (6/03) for child support. At that time I was ordered to pay 25% on any overtime that I receive (I am paid hourly), in addition to my regular support. It was to be calculated twice a year (July and year-end). My ex's attorney passed away very shortly after our court date, and although his old attorney's son is now handling his case, I was NEVER approached to pay on my overtime over this period.
Fast forward to now, and this coming June (of '06), my daughter graduates high school, so according to our court order, I will be done paying on her as of June, but still have my son who is 16 (so approximately 2-1/2 years left to pay for his support).
My question is this: I would imagine I will have to retain an attorney to have my support modified (to 17% or whatever Wisconsin law now bases it on) once my daughter graduates. But, more importantly, I am concerned because I have worked a considerable amount of overtime over the past 2-1/2 years, and am wondering how this will be calculated when and if we go to court. I wouldn't imagine that since they haven't collected it to date it is forgiven in any way, and I'm sure my ex isn't going to "forgive" it if he can collect it from me. I guess I am prepared to pay the entire amount and spread it over the next 2 years that I will have remaining child support on my son.
Also, going forward, is there any chance that I can get the OT stipulation dropped? To further complicate things, I am half-way through a 48 month Chapter 13 bankruptcy, and I'm sure my trustee will have something to say about me owing a large amount of extra child support.
I have absolutely no problem with paying my regular child support, but this OT thing is really hurting me. And what I don't want to see happen is to let it go another 2 years until my son graduates and have a $10-15,000 OT amount hanging over me.
Finally, our original divorce decree (back in 1995) did NOT stipulate either of us paying for our children's college support. Has anything in Wisconsin law changed that would force me to pay support while the kids are attending school if we do go back to court?
I'm just trying to prepare myself prior to retaining a new attorney. Thanks much for your help!
My ex-husband and I were last in court nearly 3 years ago (6/03) for child support. At that time I was ordered to pay 25% on any overtime that I receive (I am paid hourly), in addition to my regular support. It was to be calculated twice a year (July and year-end). My ex's attorney passed away very shortly after our court date, and although his old attorney's son is now handling his case, I was NEVER approached to pay on my overtime over this period.
Fast forward to now, and this coming June (of '06), my daughter graduates high school, so according to our court order, I will be done paying on her as of June, but still have my son who is 16 (so approximately 2-1/2 years left to pay for his support).
My question is this: I would imagine I will have to retain an attorney to have my support modified (to 17% or whatever Wisconsin law now bases it on) once my daughter graduates. But, more importantly, I am concerned because I have worked a considerable amount of overtime over the past 2-1/2 years, and am wondering how this will be calculated when and if we go to court. I wouldn't imagine that since they haven't collected it to date it is forgiven in any way, and I'm sure my ex isn't going to "forgive" it if he can collect it from me. I guess I am prepared to pay the entire amount and spread it over the next 2 years that I will have remaining child support on my son.
Also, going forward, is there any chance that I can get the OT stipulation dropped? To further complicate things, I am half-way through a 48 month Chapter 13 bankruptcy, and I'm sure my trustee will have something to say about me owing a large amount of extra child support.
I have absolutely no problem with paying my regular child support, but this OT thing is really hurting me. And what I don't want to see happen is to let it go another 2 years until my son graduates and have a $10-15,000 OT amount hanging over me.
Finally, our original divorce decree (back in 1995) did NOT stipulate either of us paying for our children's college support. Has anything in Wisconsin law changed that would force me to pay support while the kids are attending school if we do go back to court?
I'm just trying to prepare myself prior to retaining a new attorney. Thanks much for your help!