• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question for support guru's

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Zephyr

Senior Member
What is the name of your state? WI

I am preparing for court tomorrow, my states statutes indicate a deviation CAN and should be made when the non custodial parent pays an extraordinary amount of money for travel expenses....yet I cannot find any definition of what really constitutes extraordinary....would almost 15% (actually 14.7%) of gross income constitute extraordinary?
 


TinkerBelleLuvr

Senior Member
Child Support: Wisconsin child support guidelines uses the Percentage of Income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support.

Upon request by a party, the court may deviate or modify child support payments determined by the child support guideliens and worksheet if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties: (1) The financial resources of the child. (2) The financial resources of both parents (3) Maintenance received by either party. (4) The needs of each party in order to support himself or herself (5) The needs of any person, other than the child, whom either party is legally obligated to support. (6) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation. (7) The desirability that the custodian remain in the home as a full-time parent. (8) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home. (9) The award of substantial periods of physical placement to both parents. (em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement (10) The physical, mental and emotional health needs of the child, including any costs for health insurance (11) The child's educational needs. (12) The tax consequences to each party. (13) The best interests of the child. (14) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community. (Wisconsin Statutes - Sections: 767.10, 767.25, 767.261, 767.265)

http://www.legis.state.wi.us/lc/publications/lca/lca_2004_01.pdf (page 9 of 24)

It appears from the research that I did that it appears to be discretionary with the judge. It must be in the order what it should have been, what he/she is setting it at, the reason why the standard is unfair, the reason for the amount of the modification and the reason for the modification.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top