When a couple decides to get divorced, one of the biggest concerns is the future financial support of their children. Wisconsin, like most states, has strict laws regarding child support payments. But beyond basic financial obligations, parents in Wisconsin may also be required to contribute towards their child’s college education expenses. Here’s a detailed guide to Wisconsin’s divorce laws that cover child support and college contributions.
Child Support in Wisconsin
The state of Wisconsin follows the Income Shares Model to determine child support, which means that both parents are responsible for their child’s financial needs based on their income. Child support payments in Wisconsin are calculated by considering several factors, including:
- The number of children requiring support
- Each parent’s income and earning potential
- The amount of time each parent spends with the children
- The cost of health insurance, daycare, and education
The state’s child support calculator is available online to help parents estimate how much they will have to pay or receive in child support.
In Wisconsin, child support continues until the child turns 18 years of age, graduates from high school, or is legally emancipated. If the child has special needs, the court may order support to continue even after they turn 18 years old.
College Contributions in Wisconsin
Wisconsin law allows judges to order parents to contribute towards their child’s college education. However, this is not a mandatory requirement, and it is up to the court to decide on a case-by-case basis. The Wisconsin Supreme Court has established guidelines that judges should consider when determining the amount and duration of college contributions.
The Nestor Test
In Wisconsin, judges typically apply the Nestor test, named after the 1993 Wisconsin Supreme Court ruling in Nestor v. Nestor. The Nestor test requires judges to consider the following four factors:
- The financial resources of both parents
- The child’s ability to contribute to their own education
- The child’s academic support for post-secondary education
- The financial resources of the child
Based on these factors, judges can decide how much each parent should contribute towards their child’s college education. However, the court cannot force parents to pay more than their fair share.
What Expenses Are Covered?
Wisconsin law defines college expenses as any costs incurred while the child is enrolled in a post-secondary educational program, including tuition, fees, room, and board. The court may also order parents to contribute towards books, supplies, and transportation expenses.
It’s important to note that college contributions are not mandatory in Wisconsin. The judge may also set specific terms and conditions for the college contributions, such as requiring the child to maintain a certain GPA or limiting the contributions to a specific state university.
Modifying Child Support and College Contributions
In Wisconsin, parents can petition the court to modify child support or college contribution orders if there has been a significant change in circumstances since the original order, such as a change in income or the child’s needs. However, the request to modify will only be approved if the change is substantial and ongoing.
Conclusion
Keeping up with child support payments is mandatory in Wisconsin, and parents may also be required to contribute towards their child’s college education. Understanding Wisconsin’s child support and college contribution laws is important for both parents, as they could have a significant impact on personal finances. As always, it’s important to seek the advice of a qualified family law attorney in Wisconsin for guidance on your specific situation.