Wisconsin Child Support
How to apply for child support in Wisconsin
Wisconsin’s Department of Children and Families is in charge of helping children in the state receive their rightful financial support from their parents. The Wisconsin Child Support Program can assist parents will getting court orders for medical or basic financial support for their children when the father does not reside with them. To apply for these services, parents need to download the application form online or get a copy from their local child support agency office. Next, the parent needs to fill out the form completely and accurately. After signing the form, it can be submitted to your local child support agency who will review your case. Download Forms.
How to Calculate Child Support in Wisconsin?
Wisconsin courts utilize the percentage of income standard when determining basic child support obligations. This means that the amount of basic support will be based upon the parent’s income, the amount of time each parent spends with the child and whether the parent is supporting other children.
How to claim and pay child support?
In Wisconsin, most parents decide to fulfill their obligations through income withholding. Other payment options for the state include paying over the phone, paying online, mailing your payment or paying in-person with cash, MoneyGram or a credit or debit card. Payments will be processed by the State of Wisconsin’s Department of Children and Families. The agency then disperses the payments to custodial parents electronically onto a debit MasterCard.
Child Support Performance Stats for Wisconsin
Data from the fiscal year 2013 showed that only about 27 percent of families in Wisconsin do not currently receive their payments, and about five percent of arrearages were collected by the state.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| IV-D Paternity Establishment (%) | 103.8 | 104.64 | 105.43 | 104.89 | 104.84 |
| Support Order Establishment (%) | 86.77 | 87.35 | 86.98 | 87.14 | 87.18 |
| Cost-Effectiveness ($) | 6.64 | 6.54 | 6.46 | 6.76 | 8.43 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 611.88 | 620.14 | 628.44 | 639.02 | 645.19 |
| Total Distributed to Families ($) | 589.98 | 598.03 | 605.66 | 617.16 | 625.46 |
| Total Administrative Expenditures ($) | 95.64 | 98.46 | 100.73 | 97.84 | 78.98 |
Average Collections per Case with Collections
Can the support be paid off early?
Paying off child support early is much better than falling behind, but you’ll need to be vigilant about any changes that occur with your obligations. If circumstances change, then you may still end up owing additional money in the future.
What Will Happen if You fall Behind Child Support Payment?
- Liens on property
- Denial of licenses (recreational, occupational, professional and driver’s)
- Interception of any lump-sum payments (retirement, judgments, settlements)
- Seizure of bank accounts
- Contempt of court charges
- Seizure of property (land, cars)
Can you get alimony and support at the same time?
Yes. It is possible for custodial parents to receive both alimony and support at the same time as a result of the divorce proceedings.
Can you stop the support payments?
You can only stop payments when your obligation has ended, the case has been closed and all outstanding debts have been paid. Wisconsin state agencies do not consider unemployment, injury or incarceration as defenses against paying support.
Child Support and Taxes
Wisconsin courts recognize that parents who are going through a divorce or who don’t live together may struggle to reach an agreement over who should claim the child on their tax return. The parent who claims the child as a dependent will receive a tax credit refund, but only one parent is eligible for this exemption. Most often, the parent with primary custody will be given the right to claim the child on taxes.
Can child support payments be claimed on taxes in Wisconsin?
These types of payments are not tax deductible by the paying parent, so they shouldn’t be claimed on your Wisconsin taxes.
How does my child support affect my taxes in Wisconsin?
The parent who is receiving support does not need to claim the payments as income on their taxes. Child support will only affect your taxes if you are a parent who is falling behind on payments.
Can child support be taken pre-tax?
All payments are made after income tax has already been paid, so support won’t be taken pre-tax.
Can child support Take my federal tax return?
Yes, Wisconsin’s Child Support Program is authorized to intercept tax refunds to collect payments that are past-due. The tax intercept hotline can be contacted at 1-800-304-3107 with any questions or concerns.
Paternity Establishment
Establishing legal fatherhood is important because children will be able to collect financial support from both parents, have a right to the father’s benefits or inheritances, have access to the father’s family health history and can be enrolled in the father’s health insurance plan. Paternity establishment also helps protect the father’s rights to custody and visitation.
How do you establish paternity?
There are three ways to establish legal fatherhood in Wisconsin including a voluntary paternity acknowledgment signed by both parents, a court hearing or through marriage.
What rights does a father have if not on the birth certificate?
When a father isn’t listed on the birth certificate, the child has no legal father until a paternity action is initiated. He does not have the right to petition courts for legal custody or visitation rights.
Can a mother refuse me paternity test?
Yes and no. A mother can try to block a father from getting a paternity test, so the father’s only option may be to petition the court for a paternity hearing. If the father provides sufficient evidence to justify a genetic test, then courts will likely order a genetic test for the father. If the mother still tries to refuse, then the court may hold her in contempt.
How to establish paternity if the father is deceased?
When the father is deceased, Wisconsin courts may recognize the mother’s valid reason for pursuing a paternity order and ask the father’s family members to submit to genetic testing.
Can a father get a paternity test without the mother?
Genetic tests for paternity are generally swabs, so samples are collected from the mother, father, and child. It might be difficult to obtain an accurate paternity test without a court order when the mother won’t comply.
How long does a father have to establish paternity in Wisconsin?
An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.
Support order establishment
Once paternity and custody are established, Wisconsin courts will establish a financial support order against one or both of the parents. Courts will utilize Wisconsin’s child support guidelines, both parent’s income, and the custody arrangement to determine a basic level of financial support the parent will be required to pay.
State Child Support orders
Once these orders are established and approved by a Wisconsin court, they become enforceable by law. Non-compliance will be met with a number of collection and enforcement measures that can be initiated by the other parent, state agencies or the federal or state government. While parents maintain the right to appeal such decisions or request a lowered amount, courts are unlikely to reverse or terminate a support order until the child becomes an adult.
Can the support be modified?
Yes. The support orders can be modified, but courts must approve any and all changes. While the support agencies can draft up agreements, these modifications will not start until a court has approved and signed off on the changes.
Child support can be modified when there has been a substantial change in circumstances such as the child’s living arrangements, the parent’s income or the incarceration of one parent.
How do I file for a modification of child support?
Parents can complete the online form FA-604 or “Stipulation and Order to Change: Custody/Placement/Support/Maintenance” and wait for court approval. Your local child support agency will need to approve the terms of the modification before you submit your application to the court.
Can a support order appealed?
Once an order amount has been determined, it can be appealed to the appellate court within 45 days.
Do you need a lawyer to modify the support?
A private attorney can be very beneficial when seeking to modify support orders, but parents also maintain the right to represent themselves.
Child support Enforcement
How long does the support enforcement take?
Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.
What to do when the support is not paid?
If you are not receiving your ordered payments, then you need to contact your child support agency for information about what actions can be taken in your case.
What Happens if I’m not paying Child support?
If you aren’t paying child support, the courts and other agencies may take action against you including but not limited to wage garnishment and revocation of driver’s licenses.
How much overdue child support payment can be considered a felony?
Federal laws make it a felony crime for a parent to willfully neglect payments for over two years or over $10,000.
Can the support debt be forgiven?
The support debt is not easily forgiven by courts because they view this financial obligation as both a parent’s responsibility and the child’s right.
Support Order Termination
How do I stop a child support order?
To end services, parents need to send a written request to their local child support agency.
When Can I Apply for Child Support Termination?
Parents can stop a child support order when their child turns 18 and has graduated high school.
Can the custodial parent close a support case?
Yes, the custodial parent can apply to terminate the support order if they no longer wish to receive the support.
When Can I Stop Paying Child Support?
The legal age to stop the support is 18-years-old. If the child is still in high school, however, the support obligation will continue until the child turns 19.
18 if the child has graduated high school; otherwise, the age is 19.
Wisconsin Hearing Rights
Wisconsin child support laws give parents the right to a hearing when paternity is contested, custody needs to be determined, support orders need to be established or when a modification request on a current order has been made.
Wisconsin Child Support Guidelines
Wisconsin uses guidelines that base support on a percentage of income. Basic support for one child will be calculated as 17 percent of the paying parent’s income. Courts can deviate from this base amount, and they will also consider custody arrangements when making a final determination.
WI Child Support Coverage
What is the support meant to cover?
Support is meant to cover the financial expenses of raising a child. It can cover a wide variety of costs including housing, food, transportation, clothing, school supplies, and health insurance.
Does the Support Cover Medical Care Expenses?
When the parent’s income is greater than 150 percent of the federal poverty level, then Wisconsin courts must address the child’s medical needs through a medical support order. This may include the costs of health insurance and other medical expenses.
What if Both Parents are working, will the Support Cover child care services?
Childcare costs are considered deviation factors by Wisconsin courts, so it may be possible to have the costs covered when the custodial parent needs to work or attend school.
Are Car Maintenance Costs Covered by the Support?
Car maintenance costs will usually not be considered a deviation factor by Wisconsin courts. Unless the spouse needs the vehicle for the child’s transportation to and from school or visitation, it’s likely the custodial parent will incur these costs.
What is Considered Basic Entertainment for Child Support?
Basic entertainment for the support means age-appropriate forms of stimulation for kids. This may include access to computers, video games, the internet, movies or social activities.
Are College and school expenses Covered by the Support?
Courts cannot extend the support payments beyond the age of 19-year-old. Unless college tuition payments were conditions of the divorce, the parent will have no legal obligation to contribute.
Yes, basic educational needs are covered.
Are Extracurricular Activities covered by Support?
Typically a court will not award extra payments for extracurricular activities, but parents receiving payments are free to utilize the money for these expenses.
Wisconsin Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| The Wisconsin Child Support Program | WI SCTF Milwaukee, WI | N/A | 800-960-8573 | https://dcf.wisconsin.gov/cs/home |
County Child Support Offices in WI
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Adams County | Adams County, WI Child Support Agency | 401 Adams Street, PO Box 528, Friendship, WI 53934 | childsupport@co.adams.wi.us | 1(608) 339-4228 | http://www.co.adams.wi.us/departments/child_support_agency/index.php |
| Ashland County | Ashland County, WI Child Support Agency | 201 Main Street West, Room 100, Ashland, WI 54806 | darlene.neff@co.ashland.wi.us | 1(715) 682-7020 | https://co.ashland.wi.us/index.asp?SEC=09665A82-65A8-4E29-B231-FC1DC0B3391C&Type=B_BASIC |
| Barron County | Barron County, WI Child Support Agency | Courthouse, Room 300, 335 East Monroe Avenue, Barron, WI 54812 | N/A | 1(715) 537-6390 | https://www.barroncountywi.gov/index.asp?Type=B_BASIC&SEC={BBF398B7-C654-4B58-95A1-4491408F0466} |
Download Child support Forms for Wisconsin
| Title | Number |
|---|---|
| Stipulation to Change | FA-604A |
| Income and Expense Statement | FA-4138V |
| Affidavit to Show Cause and to Change | FA-4171VA |
| Affidavit for Finding of Contempt | FA-4172VA |
| Motion and Affidavit in Support of Warrant | FA-4181VA |