Yes. Child support is mandatory in Wisconsin in the sense that a court must set it using the state child support guideline. Parents cannot simply waive it by agreement. A court may approve a lower amount, including zero, only if it finds the guideline unfair and explains the deviation and its reasons.
Child support is mandatory in Wisconsin because, when a court grants a divorce or decides a paternity case, it must order either or both parents to pay an amount reasonable or necessary to support the child. Under Wis. Stat. § 767.511, the court sets that amount with a state guideline based on the parents’ income and the number of children. Our Wisconsin child support law guide covers calculation and enforcement.
When both parents have substantial court-ordered placement and share basic costs in proportion to their time, a shared-placement formula may apply instead. It offsets each parent’s obligation against the other’s. See child support with 50/50 custody in Wisconsin and how Wisconsin child support is calculated.
A court may not approve a parents’ agreement on child support unless the amount follows the statutory rules. To order less than the guideline, the judge must find that the guideline is unfair to the child or a parent after considering factors such as both parents’ financial resources and placement with both parents, and must explain the deviation in writing or on the record. Wisconsin appellate courts have held that agreements barring a parent from seeking a change after a substantial change in circumstances are against public policy.
If you and the other parent want a lower amount or no support, calculate the guideline amount first, write the specific reasons for the deviation into your agreement, and expect the judge to review them. Court-ordered support is paid through the Wisconsin Support Collections Trust Fund.
Renier Hotopp Law Offices can tell you whether child support is mandatory in Wisconsin at the guideline amount in your case and draft deviation terms for the court to review. See our Wisconsin family law attorney services or learn more about the firm.
