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Child Support Question - Wisconsin

Resolved Question:

My ex-husband states that because he pays 25% of his income toward child support, the "law" states that he is not responsible for variable expenses. He used to pay 23%, but was ordered to pay 25% because he rarely sees the children. In our divorce agreement, it states that both parents are equally responsible for variable expenses. Nowhere does is state anything about relieving him of this obligation in going from 23% to 25%. BTW - he is considering my daughter''s eyeglasses as variable expenses. As she needs glasses to see, I consider this a medical expense. Please help!
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
You can show him the actual Wisconsin statute [here] to show you where it says that he is not required to pay for the variable costs as ordered. No where in the statutes does it say that he is not obligated to pay. The statutes do provide that the court may order that parents be responsible for the variable costs. Since your court orders are clear that both of you are equally responsible, then yes he would be responsible for his share.


As to what is variable costs, those are defined as follows:

“Variable costs” means the reasonable costs above basic
support costs incurred by or on behalf of a child, including but not
limited to, the cost of child care, tuition, a child’s special needs,
and other activities that involve substantial cost.

In general uninsured medical expenses are considered variable expenses. So if he is treating the eye glasses as such, then by the court order he is obligated to pay his share. If he is unwilling to listen, you would need to file a motion for contempt to enforce payment for these expenses and compliance with the court orders.




If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 6 years ago.
This is great information. As an afterthought - is there anywhere in the statute that relieves a parent of variable expenses based on the amount of time he spends with the children? It seems as if he believes this to be true, so he works very hard not to see the children, as he believes that if he doesn't see them, he's not responsible for variable expenses.
Customer: replied 6 years ago.
This is great information. As an afterthought - is there any stipulation which would relieve him of variable expenses based upon the amount of time he has placement? He works hard not to see the kids because he believes he won't have to pay variable expenses if they don't see him.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your reply. Let me review the statutes again to make sure before I respond to your last post.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your patiences. There is no where in the statutes which excuses him from paying the variables. Below is the section on the shared placements, please note the section provides that the judge can order each parent responsible for the variables. There is nothing about exemptions or exceptions. Essentially, if it is court ordered, he pays it.


(2) DETERMINING THE CHILD SUPPORT OBLIGATIONS OF SHARED−
PLACEMENT PARENTS. (a) The shared−placement formula may be
applied when both of the following conditions are met:
1. Both parents have court−ordered periods of placement of
at least 25% or 92 days a year. The period of placement for each
parent shall be determined by calculating the number of overnights
or equivalent care ordered to be provided by the parent and
dividing that number by 365. The combined periods of placement
for both parents shall equal 100%.
2. Each parent is ordered by the court to assume the child’s
basic support costs in proportion to the time that the parent has
placement of the child.
(b) The child support obligations for parents who meet the
requirements of par. (a) may be determined as follows:
1. Determine each parent’s monthly income available for
child support under s. DWD 40.03 (1). In determining whether to
impute income based on earning capacity for an unemployed parent
or a parent employed less than full time under s. DWD 40.03
(3), the court shall consider benefits to the child of having a parent
remain in the home during periods of placement and the additional
variable day care costs that would be incurred if the parent worked
more.
2. Multiply each parent’s monthly income available for child
support by the appropriate percentage standard under s. DWD
40.03 (1).
3. Multiply each amount determined under subd. 2. by 150%.
Note: The 150% accounts for household maintenance expenditures duplicated by
both parents, such as a bedroom, clothes, and personal items.
4. Multiply the amount determined for each parent under
subd. 3. by the proportion of the time that the child spends with the
other parent to determine each parent’s child support obligation.
5. Offset resulting amounts under subd. 4. against each other.
The parent with a greater child support obligation is the shared−
placement payer. The shared−placement payer shall pay the lesser
of the amount determined under this subd. or the amount determined
using the appropriate percentage standard under s. DWD
40.03 (1). If the shared−placement payer is also a low−income
payer, the child support obligation may be the lesser of the amount
determined under this subd. or under sub. (4).
6. In addition to the child support obligation determined
under subd. 5., the court shall assign responsibility for payment of
the child’s variable costs in proportion to each parent’s share of
physical placement, with due consideration to a disparity in the
parents’ incomes. The court shall direct the manner of payment of
a variable cost order to be either between the parents or from a parent
to a third−party service provider. The court shall not direct
payment of variable costs to be made to the department or the
department’s designee, except as incorporated in the fixed sum or
percentage expressed child support order.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.




Customer: replied 6 years ago.
Thank you so much!
Expert:  Attorney & Mediator replied 6 years ago.
You are welcome. All the best with this.

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