When couples divorce, both parents are required to continue to provide for their children. The court typically orders one parent to pay child support. Child support is designed to pay for your child’s needs, such as food, shelter, and clothing. When a child support order is in place, it continues at least until the child turns 18. As life goes on, one or both parents may decide to remarry, which could change your financial situation. Many people wonder how remarriage will affect child support in Wisconsin. A knowledgeable family law attorney will answer your questions.
How Child Support is Calculated
It is helpful to understand how child support is calculated in Wisconsin. The typical child support calculation uses shared placement where each parent has placement at least 25% of the year, or 92 days. There are special guidelines for split placement, high-income, and low-income situations. Generally, the court will determine child support based on the income of each parent. A percentage is used when there is more than one child. Income is the most important factor in child support calculation. When a parent remarries, they may have a higher income level due to the addition of a spouse. However, a step-parent is not expected to pay for a stepchild’s support.
Does Remarriage Automatically Change Child Support Payments?
When a parent remarries, it immediately changes the family income. However, child support payments are not automatically recalculated. Child support payments remain in place per the original order unless and until there is a modification. A modification of child support may only be requested when there has been a substantial change in circumstances. Remarriage of a parent does not necessarily meet the requirement for a modification of child support. The court will determine whether a substantial change in circumstances warrants a review of the child support order that is in place.
When Does Remarriage Affect Child Support?
There are some situations where remarriage could affect child support. Typically, the court does not take the new spouse’s income into consideration when calculating child support. However, if, for example, the parent has chosen not to work and is relying entirely on the new spouse’s income, the court may look at the totality of the family income when determining child support payments. Although remarriage is not a specific factor listed as a change of circumstances, the court can consider anything that makes support payments unfair to one of the parents. As long as the court provides a reason for approving the modification, the judge may decide to allow it. Other factors that could enter into the calculation of child support are whether there are children born to the parent and the new spouse, which would impact the ability to pay child support.
Child support orders are subject to review every three years, but a parent may request a modification hearing if there has been a significant change of circumstances that warrants review. Child support modifications can be complex, so it is helpful to speak with an experienced attorney to learn your options. Contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.