What happens if a parent won’t co-parent with the other?

In Wisconsin, expressing your anger toward your soon-to-be ex-spouse and refusing to co-parent with your soon-to-be ex can negatively impact the custody and placement schedule you receive.  This is because one of the factors the Judge is to consider when making a determination as to what custody and placement arrangement is in the child’s best interests, is whether one parent is likely to unreasonably interfere with the child’s continuing relationship with the other parent.

In the Hollister case, 173 Wis.2d 413, 496 N.W.2d 642 (Ct. App 1992), the appellate court upheld the trial court’s determination that the child’s best interests were served by awarding sole legal custody and primary placement to the father because Mrs. Hollister, the mother, consistently throughout the proceedings expressed her anger about Mr. Hollister’s infidelity and made unilateral decisions to deprive Mr. Hollister of his parenting time.  The Judge considered the statutory factors and granted sole legal custody and primary placement to the father, concluding that Mrs. Hollister’s anger toward Mr. Hollister and her past unilateral actions, made it likely that if she were given custody of the children that she would interfere with the father’s continuing relationship with his children.

An experienced divorce attorney will recommend to his/her client to try their very best to co-parent with the other throughout the divorce process.  This is because, as seen in Hollister, one parent’s failure or refusal to co-parent with the other parent may result in the judge taking away rights to the child or decreasing the amount of placement time the parent is granted.

** Entries posted on this Blog shall not be deemed legal advice.  For individual attention to your particular legal situation, consult an attorney.**  Attorney Dan Murray helps individuals with divorce, custody, placement, and family-law matters throughout Western Wisconsin and the Twin Cities eastern metro.  Feel free to contact him at http://www.rodlibeskar.com

Child Support in WI – Variable Costs

In Wisconsin, a common question people have is “if I pay child support, do I have to pay for daycare, child care, hockey, dance, winter boots, school supplies, etc.”  The answer is “it depends”.  There are several factors involved.  Most commonly, if the parents share placement of the child/children (each parent has at least 92 overnights a year), responsibility for “variable costs” will be in proportion to the amount of time you have the child, ie, you have the child for 40% of the overnights = you pay for 40% of the variable expenses.  However, it can be difficult to agree upon what constitutes a “variable cost” or “variable expense”.  The statutory definition does not provide enough guidance.  Variable costs are defined as: the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s special needs, and other activities that involve a substantial cost.  DCF 150.02(29).  It is pretty clear that daycare or child care are included, but what about school supplies or skating lessons?  What constitutes “substantial cost”?  That answer may be different for different parents at different income levels.  A seasoned family law practitioner is usually able to offer guidance as to how different judges would answer these questions.

Also, another factor that ties in is legal custody.  Often when a parent unilaterally signs a child up for a sport or an event, without receiving permission from the other parent (in joint legal custody situations), the Court will determine that the parent that solely signed the child up without consensus, will be responsible for that expense.

Generally, if a parent has the child for less than 25% of overnights, that parent would pay straight percentage child support, and not be responsible for variable costs.  However, remember the Court in its discretion can always deviate from the percentage standards and may do so in those cases where traditional variable expenses exceed the amount of child support being paid.  Examples would include cases where daycare expenses for the month exceed the amount of child support received, ie, daycare expenses $1,200/mo but straight percentage child support garners only $500/mo.

** Entries posted on this Blog shall not be deemed legal advice.  For individual attention to your particular legal situation, consult an attorney.**  Attorney Dan Murray helps individuals with divorce, custody, placement, and family-law matters throughout Western Wisconsin and in the Twin Cities eastern metro. Feel free to contact him at www.rodlibeskar.com