What is a motion to modify child support?

A motion to modify child support is a legal action taken by a parent to change the amount of child support the other parent is obligated to pay. Under Wisconsin law, a motion to modify child support must be made to the circuit court. When filing a motion to modify child support, the parent must provide new information to the court related to the financial situation of both parents. The court will then review the information and determine if there has been a substantial change in circumstances that require an adjustment to the court-ordered child support amount. Examples of changes in circumstances that may qualify for a modification to an existing child support order are changes in income or expenses, changes in the needs of the child, or changes in the custody arrangement between the parents. In some cases, the court may be able to modify a child support order without a motion from either parent. This may be done if the court finds that the amount of child support determined by the existing order is unfair or inadequate. The court may also modify a child support order due to a change in federal or state law that affects the case. To modify a child support order, the court must make a formal order requiring the paying parent to submit payments of a different amount. Once the court has issued the order, both parents are legally obligated to follow those terms. If either parent ignores or fails to pay the child support ordered in the modification, they can be held in contempt of court.

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