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Can your child or spousal support agreements be revised?

If you are like many of the others in West Bend that are currently required to fulfill a spousal or child support obligation, then you likely try to stay current with your payments both to remain in the good graces of your children and/or ex and to avoid the potential trouble that missed payments can bring. Yet what if you lose your job or experience some other drastic change of circumstances that affects how much you earn? Fortunately, the law does allow you to have your case revisited in such a situation.

Section 767.59 of the Wisconsin state statutes shows that you have the right to petition the court to have both your child and spousal support agreements revised upon showing that there has been a change in your financial circumstances. The law goes on to list the scenarios that could warrant a revision as being:

  •          A change in your income
  •          A change in your earning capacity
  •          A change in your child’s circumstances
  •          A change in yours or your ex-spouse’s cost of living
  •          Any other situations that the court deems relevant

A substantial change is not required by law in order for the court to revise the amount you are required to pay in spousal or child support. The only exceptions to where the aforementioned factors may be applied are cases where your support obligation is a percentage of your income. In such scenarios, your obligation automatically changes as your income does.

It should be remembered that a modification can also be requested by your ex-spouse. He or she could ask that your obligation be raised if your financial fortunes change for the better. 

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