Q: My Ex and I have our children the same amount of time, so neither of us should have to pay child support to the other, right?
A: The answer to this question (similar to the answer to many law-related questions) is “it depends.”
First and foremost, it should be noted that there are at least two circumstances when the answer to this question is “yes”: (1) if you and your Ex have similar incomes and/or (2) if you and your Ex agree to hold open child support.* The term “hold open” means that neither of you are paying support, currently, but the issue is held open should circumstances change in the future. Courts will generally not permit parties to waive child support entirely, as it is thought to be unethical and not in the best interests of the child(ren).
Assuming you and your Ex are not earning similar incomes, and the two of you are not in agreement about a hold open, you must rely on the shared-placement calculation, which is described in DCF 150.04(2). Essentially, what this calculation does is determine the amount of support you would owe to your Ex and vice versa. Then, the amounts are offset against each other such that the parent with the greater support obligation is the “payer.”
Also important to note in these situations is the fact that there are special provisions for both low and high-income payers, as well as split-placement situations (when there are different placement schedules for different children within the same family). Further, in instances where parents are sharing placement of their children, the Court will Order parties to share variable expenses (such as school, daycare, and extracurricular expenses) in direct relation to the amount of time they have their children. Lastly, the Court can adjust child support for other reasons within its discretion. One such example would be a reduction for the parent who covers the child(ren) on his or her medical and/or dental insurance.
So, as frustrating as it might seem to have to pay support to an Ex with whom you share placement (especially on an exactly-equal basis), it is important to remember that support is for your children (and not your Ex), it is designed to equalize households and Orders pursuant to this calculation are designed to mitigate the already-difficult transition between households that shared-placement schedules can impose on children.
*Note: if either you or your Ex are receiving State-assistance, the State of Wisconsin might join-on as a party to your proceedings and request that child support not be help open and/or that it be Ordered at a rate that will minimize the benefits the State is paying.
– Lindsey Burghardt of Sengstock, Budny & Ludwig, S.C.
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