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When May Child Support Payment Obligations End in Wisconsin?
As part of a divorce, legal separation, or paternity proceeding involving children, the court will determine the amount of child support a parent owes. Generally, after a court has entered an order for child support, the party paying child support must continue doing so according to the terms of the order or may be subject to criminal proceedings.
However, there are several instances where a legal right to terminate child support payments may arise. It is important to note that any termination of child support payment obligations is going to require filing legal proceedings with the help of an experienced and knowledgeable Wisconsin child support attorney.
Who Pays Child Support in Wisconsin?
The parent who has primary custody typically, though not always, receives child support in Wisconsin. This is based on the idea that the parent who has primary custody of the child is supporting the child financially as part of the household. However, both parents have a legal obligation to financially support their child, and the income of both parents, as well as the time each child spends at each parent’s house, will affect the amount of support payments.
Child Support Legal Time Limits
Unless a child support agreement says otherwise, you are required by law to make child support payments until the child turns 18, or 19 if they are still in high school, with a few exceptions. Although there are ways to legally challenge the amount of child support that you are required to pay, or to ask the court to lower the payment, courts will usually not end child support payments even if you feel that they are unfair.
Ending Parental Rights
One situation in which you may be able to stop making child support payments is if a court terminates your parental rights, either voluntarily or involuntarily. This can happen in a limited number of circumstances and courts are very careful when considering whether to involuntarily terminate parental rights. Wisconsin law also provides for voluntary termination of parental rights, but courts in the state do not often grant voluntary termination of parental rights either.
Your Child is Emancipated
If the court finds that the child is emancipated from one or both parents, the court may end child support payments. There are a number of situations which make a child legally emancipated, including the following:
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The child gets married
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The child is emancipated (through a legal process)
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The child joins the military
Adoption by a Third Party
If the child is adopted by a third party, your obligation to pay child support may end, but this will be dependent on the terms of your child support obligations and the adoption.
Back Pay for Unpaid Child Support If Obligation to Pay Ends
A court will continue to require you to make payment on arrearages, or unpaid child support obligations, even if you legally are no longer required to pay child support. Courts are very strict about child support payments and are unlikely to forgive a debt of child support obligations. On the other hand, if you continue to make child support payments after you are no longer required to do so, you may be able to request a court for your overpayment to be returned.
Contact Our Milwaukee, WI Child Support Lawyers
Even if you feel that your child support obligations are unfair, you will still have to pay child support except in certain circumstances. At Gimbel, Reilly, Guerin & Brown, LLP, we are here to advise you on your legal rights related to child support. You may also petition a court to modify or lower the child support payments. Our experienced Milwaukee, WI child support lawyers can advise you on your legal rights and obligations to pay child support. Contact our firm at 414-271-1440 to schedule a free consultation.
