Change in circumstance question.

[Dama33]

Jurisdiction

Wisconsin

Today I was in court for child support. My ex and I have been divorced since 2008. At that time I was making about $1,100/month and she was making about $2,100/month. At that time support would have been about $180/month but because I was still hoping (foolishly) to reconcile the relationship I made the decision to wave support. Over the years our incomes have become more and more uneven. Our relationship fell apart this past summer over vacation time (which wasn't outlined in the original divorce) so I went to a lawyer for the purpose of updating the divorce papers. In the end we agreed on everything except child support. Currently I make $45,000 and she makes $84,000. After a long trial and lots of lawyer arguing the the court commissioner ruled that no support was necessary because when you do the math our percentage of income increase is nearly identical to what it was back in 2008. And since no support was ordered then, no support will be ordered now because there has not been a change in circumstances. My lawyer was shocked by the ruling and we have the option to ask for a De Novo trial with a judge. He of course thinks we should do it, but I'm not sure.


Looking for opinions. Was the court commissioner wrong? Or because the income ratio was X back in 08 and is still X today, regardless of the dollar amount, no change of circumstance has occurred?

 

[army judge]

I am always reluctant to criticize another jurist's decision.
I'll try my best to be fair.
A commissioner is an attorney dallying with the possibility of becoming a full blown judge.

Your lawyer gave you a well reasoned answer to this odd decision.

Here, take a look at how WI statutes direct support to be assessed:

Setting payment amounts

It would seem a trial de novo, before a judge, justice would appear better served.

That said, a trial will cost both of you more money.

I bet you're both great parents, and your kid(s) are nearing the age of majority.

The more I think about it, I'd simply let the old bloodhound sleep.

The ratio argument isn't mentioned in the write up.

Good luck, mate.