Child support in Wisconsin is not left to a judge’s discretion the way many people assume. The state uses a standardized formula based primarily on the paying parent’s income. But the details matter, and they’re worth understanding whether you expect to pay or receive support.
The Percentage-of-Income Standard
Wisconsin uses what’s called the “percentage standard.” The payer’s monthly gross income is multiplied by a percentage that depends on the number of children:
- 1 child: 17%
- 2 children: 25%
- 3 children: 29%
- 4 children: 31%
- 5 or more children: 34%
“Gross income” includes wages, salaries, tips, self-employment income, rental income, and in some cases potential income if a parent is voluntarily underemployed.
Shared Placement Adjustments
If both parents share physical placement of the children, a different calculation applies. When a parent has placement more than 25% of the time (92+ nights per year), the formula is adjusted to account for both parents’ incomes and the proportion of time each parent has the children.
Deviations from the Standard
Courts can deviate from the standard amount when circumstances warrant — for example, when a child has extraordinary medical expenses, when a parent has other children to support, or when the standard amount would be unjust given the particular facts. Deviations require written findings explaining the departure.
Modifying an Existing Order
Support orders can be modified when there is a substantial change in circumstances — a significant income change, a change in placement, or a change in the child’s needs. Modification is not automatic; it requires filing a petition and often going back to court.
Getting It Right Matters
Whether you’re establishing an initial order or fighting to modify an existing one, having an attorney who knows the numbers and the deviations can mean a significant difference in what you pay or receive every month. Attorney Christopher Carson handles child support matters throughout the New Berlin and Milwaukee area. Call (262) 860-8932.