Divorce is not easy and can permanently change your family’s lifestyle. Navigating such changes can be particularly tough if you and your spouse have kids. After the divorce, your kids still have two parents, so you and your ex should learn to work together as co-parents after the finality of your divorce. One of the issues to address in a divorce is child support. In Madison, Wisconsin, determining support is based on many factors including custody and placement. Given the complexity of this matter, parents should work with a family law attorney from Raza Family Law Solutions. A child support attorney will protect the interests of their clients and make sure the needs of the children are met.
Typically, child support calculations are straightforward. They are usually based on the percentage of the paying parent’s gross income every month. If one parent has been granted primary placement of their child, child support is 17 percent for this child. If a couple has two kids, child support is set at 25 percent. But can the court deviate from this standard?
When Deviations in Child Support Payments are Allowed
Sometimes, the court can deviate from this standard. This is possible if a parent has primary placement of a child with a disability that requires special accommodations that the typical child support percentage does not cover.
In addition, child support can also be lower than the standard percentage in some situations. This can happen if the paying parent has a low income or if the parent receiving support has significant financial resources or income. Another situation is when the paying parent incurs too much travel costs to exercise their placement with the kids. In such scenarios, the court may provide a reduction or credit of the payor’s support obligations. The court will first consider different factors and allow for a deviation from the percentage standard if they find it unfair for a parent or the child. These factors include every party’s needs, child care costs, extraordinary travel expenses, the child’s health needs, and the educational needs of the child.
If a family court deviates from the standards, it must explain the reason for doing so. The deviation amount depends on the court’s discretion and is based on the presented facts and circumstances. If you think the child support payments you make are not fair, you should contact a child support attorney to know your legal options.
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