In Wisconsin, the trial Judge and the Court of Appeals presume that determining child support by using the percentage standard in WIS. ADMIN. CODE §DCF 150 (2010) is fair. Abitz v. Abitz, 155 Wis. 2d 161, 455 N.W.2d 609 (1990). In deciding child support, the trial judge may deviate from the percentage standard if it finds by the greater weight of credible evidence that the use of the standard would be unfair to the child or the party or the party requesting deviation. Mary L.O. v. Tommy R.B., 199 Wis. 2d 186, 544 N.W.2d 417 (1996).
** Entries posted on this Blog shall not be deemed legal advice. For individual attention to your particular legal situation, consult an attorney.** Attorneys Dan Murray and Barb Miller. Lawyers helping individuals with divorce, custody, placement, and family-law matters throughout Western Wisconsin and the Twin Cities eastern metro. www.millerandmurray.com
Tags: Child Support, Child Support Guidelines, determining child support, deviating from child support guidelines
