Child Support Calculation

[staffsarge]

My ex-wife has requested a child support review through the child support agency. The agency sent a financial disclosure form. The form asks for my spouse's income to be included in my total income. Does the court consider my current spouse's income in determining what I pay in child support?

The state where the order was issued is Wisconsin.

Thanks.

[minuette]

The court should base any CS calculation on your income alone. See the link for a reference doc summarizing WI CS law. The blurb about not using spouse income to calculate CS is on Page 14.

http://libcd.law.wisc.edu/~wilc/lca/lca_2004_01.pdf

[staffsarge]

Thank you, that helped a lot.

I'm not sure why they want the information if it can't be used.

[Trevor]

Could it be that the form is a generic one that is used for people who are divorcing but are still married at the time the form is completed?

Follow the law; don't disclose what the law indicates is not part of the equation.

[Fatheroffour]

For minuette

[defaultuser]

In-kind income is my hobby. In WI, your new spouse's income does not appear to be a factor:

http://scholar.google.com/scholar_case? ... s_sdt=4,50

The court of appeals stated that only Sharol's income could be considered along with the needs of the children and the parent's ability to pay. The court of appeals stated that it was a question of fact whether Sharol's remarriage constituted a substantial change in circumstances justifying modification of child support under sec. 767.32, Stats., which must be "determined by the trial court in view of all the facts and circumstances of the parties." Abitz v. Abitz, No. 87-1944, unpublished slip op. at 4 (Wis. Ct. App. Nov. 22, 1988). When making its determination, the court of appeals instructed the circuit court not to consider the new spouse's income to satisfy the premarital child support obligation.

[minuette]

FoF, I am in need of keyboard replacement.

OP, I bet Trevor's right, the form may be used in all CS cases, even after the parties have married others.

[CCR]

The court asks for both incomes in case an NCP is asking for a reduction. Even if they were laid off forever, if they have a high earning spouse, the court then tends to refuse the reduction.

You would have to ask a local attorney, but many people omit this info and black out their spouse's income on the tax return given to the court, because the CP gets to see your information (as you also see theirs).

Most feel it's none of the CP's business how much a new spouse makes.

[staffsarge]

Thanks for the information, everyone. CCR, the CP is asking for an increase. I agree that my current spouse's income is none of the CP's business. I'll verify with an attorney before submitting the form.

[defaultuser]

In my experiences, most people don't submit all the required paperwork. I suggest simply providing what you think is fair and let the other side object if they don't like it.

If they push the issue, you can always say, "I don't have access to my spouse's income." Just because you're married doesn't mean your wife provides you with her income and all that. I think that information is hers to give and she isn't a party to the case.

I stopped providing full disclosure to the court because its just a bunch of work to get everything they are asking for, and in the end it does not matter.