The following are actual unsolicited written comments from a number of Attorney Riley's clients. Given the strict Attorney-Client confidentiality rules we cannot provide the names of clientele.
★★★★★ "I’ve worked with Attorney Tim Riley for over 10 years. His expertise, advice and results have been terrific! I would highly recommend Attorney Riley and his team to anyone who is looking for real estate transactions."
★★★★★ "Tim, I sincerely want to thank you for your efforts today. Your preparations and cross examination in court were fantastic. I know this isn't a fun case to be working on, but your efforts today really made a difference. Thank you so much."
★★★★★ "I am appreciative of your representation of me, it is nice for a change to feel like someone is in my corner and has my back. I have gone for so long feeling like no one was looking out for my kids and myself."
★★★★★ "You will never know how truly, humbly thankful I am for your help! I thank you from the bottom of my heart. Words could never tell you what my boys and I have been through the past five years."
★★★★★ "Very thorough, well prepared representation. I wish Tim had been my first attorney."
★★★★★ "I honestly don't think words can express my gratitude to you for helping and me. I was so grateful for the information and support that you initially provided. If it weren't for that plus your character, integrity, and values I don't know what would have happened."
★★★★★ "Thank you so much for all you have done for me. You helped me out faster than I ever thought could be possible. I truly appreciate all the efforts you made to help me out and I want you to know I am beyond thankful."
★★★★★ "Thanks!! Super Lawyer Tim."
★★★★★ "I wanted to thank you for helping me out with my placement issues. You were not only highly competent but extremely kind. Your understanding that this is highly emotional was so appreciated."
★★★★★ "I wanted to follow-up and thank you for the time and help with my divorce and real estate situations over the last few months. I especially wanted to thank you for the support when I called out of the blue and you were willing to help me. You've been very generous with your time and advice. It has been a pleasure working with you."
★★★★★ "Thanks for all your help. We appreciate your level headedness and calm professionalism."
★★★★★ "I appreciate all your advice and your knowledge."
★★★★★ "Thanks for all your help I really appreciate it. It takes the edge off all the madness involved in this procedure. It's fun working with you."
What are Wisconsin's Support Laws?
Disputes regarding child support can be nearly as acrimonious and challenging as an underlying placement dispute.
STATUTORY ADMINISTRATIVE CODES
The statutes require that a child support order be entered in every judgment of divorce, legal separation or paternity where, obviously, minor children are involved. The support award shall be stated as a fixed dollar sum other than in only the rarest circumstances.
How is support calculated?
While support will be stated as a fixed dollar sum, the figure is arrived at in the vast majority of cases by the percentage guidelines set forth in DCF 150.
Support is calculated on gross income which means that the child support is not deductible by the payor nor includable as income to the recipient.
is child support taxed income?
There are instances where it might be in the mutual interest of the parties to treat child support in a manner that affords a tax benefit to the payor. For example, if the payorâ€™s income is substantially greater than the recipientâ€™s, the parties might decide to characterize the payments as family support. Family support is deductible to the payor and included as income to the recipient.
Family support is often used in cases with a mixed support component of maintenance (spousal support) and child support. It may be in both partiesâ€™ interest to shift the tax burden to the recipient in order to lower the taxable income of the payor and shift the burden to the recipient at a lower tax bracket. The end result is the parties give less money to the government which allows more for the support of the parties and children.
Who claims the child as a dependent after divorce?
It is most often the case that when the parties have fairly equal placement or a significant child support award is payable from one to the other, that the dependency exemptions are shared or alternated on an annual basis. Any child support award should also include an assignment of the dependency exemptions.
Who is the head of household?
The party with a majority of placement is entitled to the â€śHead of Householdâ€ť deduction per IRS code. The parties have some discretion with regard to the assignment of this tax benefit when placement is virtually equal and/or the parties have more than one child and placement is such that the â€śHead of Householdâ€ť benefit can legally be alternated or assigned to either party or the placement can be structured to assign one or more children to each party. As with any tax issue the counsel of a qualified tax adviser or CPA is advisable.
How is the percentage method used?
In a case when one parent has more than 75% of the placement, the non-primary placement parent will likely pay support on the basis of the standard percentage guidelines. The percentage standard applies to gross â€śpre-taxâ€ť income or, in the event of self employed individuals, â€śAdjusted gross incomeâ€ť.
What are the percentages for child support in wisconsin?
While the application of the percentage guideline is likely in these cases, the Court may deviate from the application of the guideline if it finds that the application is unfair to the child or either party.
The factors the Court can consider in deviating from the guidelines are articulated in 767.511(1m). Some of those factors are:
Some of these factors might be used to seek an order below guidelines while others would support an order in excess. Each case presents a unique set of facts that an experienced Attorney will analyze and seek to obtain an order that is fair and appropriate for their client.
How is support calculated for shared time & unequal incomes?
When each party has placement for at least 25% of overnights or the equivalent, the support calculation is adjusted by an arithmetic formula to account for the substantial periods of placement in each home.
The formula is found in DCF 150.04(2) and the calculation is designed to allocate financial resources for the child in each home in keeping with the respective incomes of the parties and the percentage of time the child or children spend in each home.
How are variable expenses handled in child support orders?
Variable expenses 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 childâ€™s special needs, and other activities that involve substantial cost.
Variable expenses are often apportioned in shared payor cases in concert with the percentage of placement each parent is awarded. While this approach is not mandatory, an equally shared placement schedule, for example, will usually yield an order for a 50/50 split of variable expenses.
Any child support award should carefully consider and articulate what variable expenses are covered and each parentâ€™s responsibility for same. Variable expenses can represent a substantial sum of money and are an essential component of any child support order.
This is certainly not intended to be an exhaustive discussion of the law facts and issues involved in arriving at a just and appropriate child support award, tax arrangement and split of variable expenses. Suffice to say that while the guidelines are often applied there are indeed a number of factors articulated in the statutes and DCF 150 to be considered and if necessary presented during negotiations or at trial or hearing in order to arrive at a fair and appropriate financial arrangement and support award.
Contact Riley Law Office
If Attorney Tim Riley can be of assistance to you with your legal situation, please call Riley Law Office for a free initial consultation at 608.833.3880 or email Attorney Riley. Attorney Riley will be happy to speak with you with no obligation on your part.