How to Change a Child Support Order If Both Parents Agree

In Wisconsin, child support is meant to help make sure the child has financial resources available in both parents’ households. The law sets forth and guides the amount of child support that should be ordered, which may be different from the amount that the parents have agreed upon. This ensures that both parents can help take care of the child and that one parent does not struggle financially or need government help because they are not getting enough support. 

Judges also worry that some parents might give up child support that they’re entitled to because they do not know their rights, feel pressured, or are afraid. So even when parents agree on an amount, in the end the court must make the decision whether to approve the agreement or not. 

Sometimes the State of Wisconsin gets to have a say in the amount of child support as well. The State of Wisconsin must approve child support amounts if either parent is receiving or eligible for public benefits or has filed an application to get services from child support. If one parent is receiving public assistance (W2, day care assistance, Food Share, and certain medical assistance), child support cannot be set to $0.00.

Process for Agreeing on Child Support

In Wisconsin, if parents agree on child support outside of court, they can follow a process to formalize their agreement. Here’s an outline of the steps involved:

Mutual Agreement

Both parents must agree on the amount of child support to be paid. This agreement should consider the child support guidelines outlined in Wisconsin law, which take into account things such as each parent’s income, number of children, and placement arrangements.

Put Agreement in Writing

Complete a Stipulation to Change Child Support that clearly states:

• The amount of child support that needs to be paid (either a fixed monthly amount or a percentage of the payer’s gross income)
• The schedule of payments (e.g., monthly)
• The effective date of the agreement

• Any other terms or conditions agreed upon by both parents.

  Important: While parents can create these agreements without lawyers, consulting with a family law attorney can make sure that the agreement follows Wisconsin law, is in the correct format, and protects the rights and interests of both parents and the child. An attorney can also help in calculating child support under Wisconsin guidelines and addressing any legal questions or concerns that come up during the process.

   

Sign Agreement

Both parents must sign the written document to show that they understand and agree to all of the terms.

File with the Court

One (or both) parents must either take the completed and signed agreement along with an Order on Stipulation to Change to Child Support to the family court in the county where the child lives or where the family case (e.g., divorce) was started, or efile the agreement and order. For child support to be enforceable, the agreement must be filed and approved by the court.

Get Court Approval 

The agreement needs to be approved by the court to make sure it meets legal standards and is in the best interests of the child. If the child support amount is very different from the standard set by law and there is not a good reason for the difference, the court may not approve it.

Income Assignment

An income assignment is typically required. This is a court order that is typically sent by the court or the local child support agency to the payor’s employer, once the agreement has been approved by the court. The assignment will give instructions to the employer to withhold the child support amount from the payor’s paycheck.