Would a judge ever agree to allow a noncustodial parent to stop paying child support?

Child Support 3 views 1 answers
My daughter's estranged husband lives in another state, and though no order of child support is yet in effect (she just filed the request) he has so far been pretty good about sending her the amount she would be granted. She does not work (yet) and has no other money coming in. He is just out of the military and started collecting unemployment just before he sent my daughter and their two young children (ages 3 & 4) back to her home state. Now he claims that a lawyer told him that since he has "limited income" he can petition the judge to SUSPEND his child support obligation, and that there was a good chance that a judge would grant it. I say that's baloney, and that he's just trying to get out of paying. What judge would go along with a man leaving his children penniless? Can that happen?

Attorney Answer

1
Ronald Phillips ·
You don't indicate if your daughter lives in Wisconsin, which is an important fact since each state has it's own laws regarding child support. In Wisconsin, support is determined based on a statutory percentage formula. That formula bases support on gross income, the number of children and the percentage of placement that each parent has. A judge or commissioner MUST follow the percentage formula unless it would be unfair to do so. If there has been a substantial change in circumstances, a parent may petition the court for a support modification order. A change in jobs with a significant change of income or losing a job would certainly qualify as a substantial change in circumstances. The child support agency attorney will review the financial information from both mom & dad and apply the statutory formulas for the judge/commissioner, who will review the facts. Both mom & dad have a legal obligation to support the children, and if the court believes that either is shirking the court will "impute income" - basically that means the court will say "I don't care how much you say you make, you should be making this much and you will pay support based on that amount." So yes, it's possible that a Wisconsin court would reduce support temporarily, or even suspend it temporarily depending on the total financial picture between mom and dad. The court, however, will impose the parents' duty to support the children and won't let a parent shirk responsibility indefinitely. Ordinarily many parents go to the family court for modification hearings without an attorney, since it's often pretty much a mathematical formula. If the facts are complicated or one of the parents isn't cooperating, however, it can be useful to hire an attorney to help out and expedite the necessary orders, pay assignments etc so that the support obligations are enforced. -------------------D-I-S-C-L-A-I-M-E-R------------------ 1. This reply is for educational purposes only and is not legal advice. 2. No attorney-client relationship has been created by this reply. 3. If you need legal advice, consult a licensed attorney in your state to make sure you understand both your state and federal laws concerning your issue. Your attorney will need specific and complete facts to provide you with legal advice.
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