Child support is calculated based on a percentage of the payor’s income (generally 17% for one child, 25% for two children, 29% for three children, and up). After the calculation is established, a fixed dollar amount is determined based on the payor’s average gross monthly income at the time the support order is entered. In other words, the obligation does not automatically change from week to week or month to month based on a payor’s actual earnings where those earnings either fluctuate or the payor experiences a significant and sudden change in his or her income.
Wisconsin law allows a party to ask the court to modify the payor’s child support obligation if there is a substantial change in circumstances that warrants the modification. Generally speaking, a loss of employment and/or a significant reduction in a payor’s income would result in a reduction in the payor’s support obligation if the issue is properly brought before the court.
The court cannot retroactively back date a modification of a child support obligation to a date any earlier than the day in which the motion to modify the support obligation is filed and served on the other parent. Because of this, it is critical that a parent with a support obligation act quickly to bring an appropriate motion before the court for modification of his or her child support when the payor has a loss of employment or a sudden decrease in his or her income. If the payor finds new employment between the time that the motion was filed and served and the day that the motion is scheduled to be heard in court, the payor can always withdraw the motion. Failure to bring a motion in a timely manner could result in the payor accumulating significant arrears plus interest for unpaid child support and, in some cases, could result in the payor being found in contempt of court for his or her failure to pay.
If you have experienced a sudden loss of employment or a significant decrease in your earnings and believe you have a legal basis to modify your child support, we recommend that you speak to an experienced attorney who specializes in family law and encourage you to contact our firm with any questions that you may have.