Child Support & Custody

Child Support & Custody

Overview

Child Custody and parenting time questions are very fact-specific. Angela works with clients find creative solutions to custody and parenting time issues in an effort to decrease her client’s emotional and financial stress.

Lallemont Law, LLC can also assist you in answering the following child support questions:

  • My former spouse recently remarried. Will that change my child support obligation?
  • I just lost my job. Do I still have to pay child support?
  • What is a “substantial change of circumstances” to change child support?
  • Do I have to pay for the baby’s birth?
  • What are child support arrears?
  • Can I claim my child as an income tax dependency exemption?

Child Support & Custody Frequently Asked Questions

How much child support do I have to pay in Wisconsin?

Wisconsin’s percentage of income standard for child support provides guidelines to Wisconsin courts for setting payment amounts for child support and medical support. These guidelines are based on the belief that both parents are responsible for supporting their children, whether they live together or not. The child support guidelines are based on:

  • The parent’s gross income
  • The time a child spends with each parent
  • Whether a parent is supporting other children

Wisconsin child support also provides medical support orders and child care support. The amounts are calculated differently that in Minnesota. Lallemont Law, LLC can work with you to determine your child support obligation.

How much child support do I have to pay in Minnesota?

In Minnesota, child support is determined by a specific guideline formula that considers the following information:

  • Each parent’s gross monthly income (from all sources)
  • How many children live in each parent’s home
  • Any other child support orders for either parent
  • Any spousal maintenance orders for either parent
  • The amount of benefits from Social Security or the U.S. Department of Veterans Affairs paid to a joint child due to a parent’s disability or retirement
  • The monthly cost for both medical and dental coverage
  • The amount of child care costs
  • The percentage, or amount of parenting time awarded in a court order
What type of custody should I expect to be awarded?

Legal Custody: In Minnesota, the court presumes that upon request of either or both parties, joint legal custody is in the best interests of the child.   There are exceptions to this presumption – most notably if domestic abuse has occurred between the parents.

Physical Custody (Minnesota): The court looks at the best interests of the child when determining physical custody in Minnesota. The best interest factors are set forth in Minn. Stat. § 518.17 (Subd. 1).  Call Lallemont Law, LLC to review the best interest factors with the facts of your specific case.

Physical Placement (Wisconsin):  The court makes all decisions on where the child(ren) will reside keeping the best interests of the children in mind.  The factors the court looks at are available in Wis. Stat. 767.41(5) (am). Call Lallemont Law, LLC to answer your questions about physical placement today.

When you meet with Lallemont Law, LLC, Angela will review your case and work with you to answer any other child-focused questions you may have, including:

  • Will I be awarded primary residence?
  • Will I be penalized on parenting time because I work a lot?  What if I travel for my job or have an unusual job schedule?
  • Does my gender or my child’s age have an impact on our custody order?
  • How do I protect my custody rights?
  • How do I make sure my parenting time schedule is fair?
  • What are my rights if my girlfriend is pregnant?
  • My new spouse wants to adopt my child, what is the process?
What are the differences between legal and physical custody in Wisconsin?

Legal Custody: Wisconsin’s definition refers to the right to make major decisions regarding the child. It further defines the major decisions as: the consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for non-emergency health care and choice of school and religion. Wis. Stat. 767.001(2m)

Physical Custody:  Wisconsin uses the term “Physical Placement” instead of physical custody. “Physical placement” means the right to have a child physically placed with that party (residing with the parent) and gives that parent the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.

What are the differences between legal and physical custody in Minnesota?

“Legal Custody” refers to the right to make decisions about how to raise the child, including decisions about education, health care, and religious training.

“Physical Custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives.