The Wisconsin courts take child support payments very seriously and demand that parents pay close attention to ensure that they are meeting their obligations. While many may think that child support is something that can be put on hold for a period of time while dealing with tough or unpredictable circumstances, the reality is that courts will allow parents very little leeway around their obligations to pay. This is illustrated in a recent decision before the Wisconsin Court of Appeals.
In Henson v. Henson, Mr. and Mrs. Henson became estranged in 2012. During a child support hearing that year, the Waushara County Child Support Agency petitioned the court to order Mr. Henson to pay child support to Mrs. Henson because the children were living with her at that time. After reviewing financial records and Mr. Henson’s income, Mr. Henson was ordered to pay $116 per week in child support.
In 2015, the child support agency moved to modify that child support order after Mr. Henson left his job and moved into self-employment. Based on the previous unemployment income he had received and his current self-employment, the agency made a recommendation that his child support be increased to $144 per month. Mr. Henson opposed this increase and argued that he had been diagnosed as diabetic and demoted at his old job after he was found unconscious. When he challenged the demotion, he was fired. He stated that although he was now self-employed, he had had difficulty in finding new work, and his unemployment benefits had run out. The court, however, followed the child support agency’s recommendation and raised Mr. Henson’s monthly child support obligations.