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A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.
Parents cannot agree to waive support, but they can agree to a temporary halt. If both parents can support the child on their respective incomes, or if they agree on other means of payment, the judge will often accept such a temporary agreement.
In Wisconsin, joint legal custody or 50/50 custody gives both parents an equal share of the legal responsibilities of caring for their children. Joint physical custody maximizes the time the child has with both parents. Shared custody schedules work to give the child equal amounts with each parent.
Child support can occur with 50/50 custody because you calculate child support based on placement, not custody. When placement is 50/50, the courts will award child support based on each party's income. You can calculate child support based on the number of overnights and each parent's income.
In Wisconsin, children cannot dictate where they reside but the courts may take the child's preference into consideration at about age 14 or when the child can articulate a preference and a reason for the preference. A child cannot opt to violate a court order, parents are responsible for following the court order.
Every three years, child support will mail a notice to both parents to remind them about their right for a review. Parents and guardians receiving cash benefits from W-2, SSI Caretaker Supplement, and Kinship Care programs will automatically have their court orders reviewed every three years.
A custody and placement agreement can be modified without going to court if the other party agrees to it. To have the modification set in stone, the parties would need to file a Stipulation Order to Amend Judgment.
In Wisconsin, child support is required until the child turns 18. An exception is made if the child turns 18 and is still pursuing their high school diploma through a qualifying program, at which point the age is raised to 19.
No, only a court can change a child support order. The child support agency may mediate and write up and agreement for both parents to sign, but the court has to approve the agreement. No changes take into effect until the court signs the order.
File in the Clerk of Courts Office, in person or by mail, the original, the remaining copies of the Order, and two self-addressed stamped envelopes (one addressed to you, one addressed to the other party, and one unstamped envelope addressed to the Child Support Agency, if a party).