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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What I am trying to find out is for my son. He just received

Customer Question

What I am trying to find out is for my son. He just received a court order to pay child support in the amount of $77 per week. This is not a calculated amount based on facts but an arbitrary amount set by the judge. He can't pay it. What can he do? Just go to jail for non payment?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin
JA: Has anything been filed or reported?
Customer: The mom of his daughter is taking him to court because she wants full custody of the daughter. She has submitted various complaints that aren't true but the judge has not asked for any proof of income etc.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The mom has not followed the court order from 2012. She has stolen money from my son as well. He has paid the required child support in the past and also paid for his daughter swimming ( she swims on a swim team so pays a monthly fee and also pays for her oboe rental each month. Apparently the mom doesn't feel she is getting enough handed to her.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 4 months ago.

Did your son file an answer and show up for all of the hearings?

Customer: replied 4 months ago.
Unfortunately he did not know he could reply but he has been to all hearings.
Expert:  JD 1992 replied 4 months ago.

Child support in WI, like in most states, is based on a formula which begins with his income and then proceeds on with the number of children, etc. How much does your son make (gross) and for what time period? If you can provide that then I can tell you what the guidelines say he supposed to be paying and we can work off of that to see where he is actually at when looking at it as the statutes state.

I have been traveling off and on for the last few days but will be at the computer through Thursday, although not 100% of the time.