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MShore, Attorney
Category: Legal
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I live in Wisconsin. I have 2 children under the age of 18

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I live in Wisconsin. I have 2 children under the age of 18 currently. For the past 1 1/2 years 1 child lived w/ his father and 1 w/ me so no child support was paid. Now the child that lives w/ me wants to spend more time w/ his brother and father. I am now remarried to a man w/ 1 child of his own that lives w/ us. Can my husband now go after child support for the "complete" household? Can he get the full 29% of my gross for the 2 kids when I'm helping to support my husbands child too? Help!! FYI: I got divorced in 2003 and remarried in 2009 so have not even been married for a year yet.
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, if your husband obtains custody of both children, you will be required to pay child support (25%), despite your situation with your current husband.
Customer: replied 6 years ago.
So the court does not take into account I have another child to support? Right now I have physical custody of the 1 child. He is 14 yrs old so I know a mediator can listen to him but also takes into account both parents comments before deciding his placement. What if I try to keep him here and leave it up to the court to say who he lives with. Can I use this? I would personally prefer he stays here with me but also don't want him living further apart from his brother. Currently his brother is only 8 minutes away (next town over). On Oct 1 his brother and father are moving 45 min away so it will be less time I can see them.
Expert:  MShore replied 6 years ago.
No, the logic is that the costs associated with raising the children that are not in your custody is not diminished because of a subsequent child with another spouse. You can force the court to make a determination on custody.
Customer: replied 6 years ago.

Can they go after both my husbands and my income or do they just use mine to figure the 25%? My x-husb told me they just changed the law and can go after both.

Expert:  MShore replied 6 years ago.
No, they would only consider your income. The children in question are not your husband's responsibility. Recently the Wisconsin courts have started to increasingly consider what is fair to the paying parent in determining child support, which could help you.
Customer: replied 6 years ago.
Thank you for your help. Is there anything else I should consider if I need to talk to a lawyer?
Expert:  MShore replied 6 years ago.
No, I think we covered everything generally. Your attorney will get into the specifics of your respective incomes.
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