Child support payments can help the custodial parent support the children in their care, but it isn’t uncommon for a paying parent to have overpaid their child support obligations. If you have paid more than you are obligated to, you are entitled to receive the money back or find another option to recoup your losses. Here’s what you should know about overpaid child support.
The Right Amount of Child Support
Laws vary from state to state regarding the way child support is calculated. In Wisconsin, child support is calculated as a percentage of the paying parent’s income for each child, as below:
- 1 child: 17% of income
- 2 children: 25% of income
- 3 children: 29% of income
- 4 children: 31% of income
- 5 children or more: 34% of income
There is also a plan for low-income parents, who make less than $1,350 per month. If a parent makes more than $7,000 a month, a high-income parent table will be used to calculate the support amount. There are also tables used to calculate serial families, where a parent is supporting more than one family, and families who share placement and expenses.
Recovering Overpayment
If you suspect you have overpaid your support obligations, you can request that the Wisconsin Department of Children and Families conduct an audit on your behalf. After the audit, the Department can inform you of the results. If you have overpaid, you can take steps to recover the amount you are owed.
You may file a motion with the circuit court to request a repayment order. If granted, the other parent will need to repay the amount they received that they were not entitled to. This can be an expensive solution, so it is important to be proactive when it comes to notifying the court and the Department of Children and Families of changes in your life or support orders. Your child support lawyer can help you keep track of what you need to do when these life changes come and can fight for you to receive what you are owed after overpayment.
Every parent should be able to ensure that their rights are respected, and they only pay what is required of them for child support. Our Madison child support attorneys are here to help you through the challenges of child support and child custody issues. Learn more by scheduling an initial consultation with our experienced team at Balisle Family Law Legal Counsel, S.C.
Speak to our legal team today by calling (608) 765-1001.
