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Lost Your Job? Revisiting Your Child Support Payments

Schwei & Wendt, S.C. Aug. 9, 2018

Your child custody arrangement does not suit your situation anymore. Perhaps you were just notified that your position will be terminated at your company. Without income, how will you pay child support, or even support yourself?

In Wisconsin, modifying child support requires a judge to understand multiple elements through a court order. If the order is granted, the judge will determine that a change in payment proves equal and valid for all parties involved. Most importantly, the court will ensure that you and your former spouse provide financial care for your children.

A modification of your current child support plan

In Wisconsin, if you lose your job and hope to alter child support payments, you must follow specific steps.

  1. You must notify your child support agency. Within 10 days of your lost job, you must explain your income situation.

  2. The agency reviews your case. Your child support agency may require information regarding your income change. After understanding your scenario, the agency may draft a stipulation, or a legal agreement, of the change.

  • If both parents sign, you and your ex-spouse may fill out an amendment form.

  • If a parent disagrees with the change, your child support agency may ask the court to change the order.

Child financial care ensured

Know that simply letting your child support agency know of your financial changes does not change your support payments immediately. Only a court may change the payment amount.

Should a payment due date fall while you do not hold a job, the state of Wisconsin requires you to still make the payment. If you begin receiving Unemployment Insurance checks, Wisconsin court may take up to 50% of the amount and distribute it to your children for support.

Wisconsin works to ensure that although you may lose your job and wages, your children do not also see a detrimental change to their lifestyle. The court will aid in determining a fair alteration to your payments, so that while you search for a new position, you can work to get back on your feet without emptying your bank account.