While the court is required to order support, it can deviate from the standard factors if determines that the percentage standard is unfair the child or either of the parties. The court is obligated to state in writing or on the record during a hearing the reason for an unfairness finding, the reason for the modification and the amount of support should be ordered.

Those factors that the court shall consider are found in Wisconsin Statute 767.511(1m), but will also be listed below:

  • The financial resources of the child
  • The financial resources of both parents
  • Maintenance received by either party
  • The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902(2)
  • The needs of any person, other than the child, whom either party is legally obligated to support
  • If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation
  • The desirability that the custodian remain in the home as a full-time parent
  • The cost of child if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home
  • The award of substantial periods of physical placement to both parents
  • Extraordinary travel expenses incurred in exercising the right to periods of physical placement under Wis. Stat. 767.513
  • The child’s educational needs
  • The tax consequences to each party
  • The best interest of the child
  • The earning capacity of each parent, based on each parent’s education, training and work experience and the availability of work in or near the parent’s community
  • Any other factors which the court in each case determines are relevant.Make sure to visit the blog page for other posts regarding child support and family law topics.