Your income has changed, your child’s needs have grown more substantial or the time you spend with your child no longer corresponds to what your support order assumes, and you are wondering whether you are obligated to keep paying the same amount regardless. Knowing how the child support modification process works can help you identify when you may have grounds for a change, and what to do next.
What counts as a substantial change in circumstances?
Wisconsin law does not permit a child support order modification simply because one parent perceives the amount is unfair. You generally need to demonstrate a substantial change in circumstances since the order was last set, such as:
- a meaningful shift in your income or the other parent’s income
- a change in your placement schedule, such as the child now spending more time with you than the order reflects
- new or increased medical or educational expenses
- a parent’s incarceration
- a child turning 18 while still pursuing a high school diploma
If your support order is not based on a percentage of income, you can request a review once 33 months have passed since it was last set, even without any other change in circumstances.
What does a meaningful shift in income look like?
A drop in income does not need to be severe to count. The Wisconsin Department of Children and Families notes that a review typically looks for a change of at least 15% or $50 per month, in either direction, before it affects your support amount. If your income falls within that range, it may provide you grounds to request a lower payment.
How do you formally request a modification?
You have a few options, depending on whether you and the other parent agree on the new amount:
- If you and the other parent agree on a new amount, you can file a stipulation with the court at no cost.
- If you do not agree, you can file a motion, which typically involves a $30 filing fee or $50 if you are also seeking custody or placement changes.
- You can also ask your county child support agency to review your case at no cost.
Whichever path you choose, the change does not take effect until a judge approves it.
What can you expect after you file?
Once you file, the other parent must be formally notified, and any change generally applies only going forward, not retroactively. If you request a review through the county child support agency instead, expect the process to take up to 180 days.
If your circumstances have changed and you are unsure what your options look like, it may help to talk through your situation with a family law attorney who can review the specifics of your case and walk you through what comes next.