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Am I entitled to child support arrears with interest in Wisconsin?

Am I entitled to child support arrears with interest in Wisconsin?

Q: How long can child support arrears be collected in Wisconsin?

Child support arrears can be collected in Wisconsin for up to 20 years from the date the payment was due. This allows the custodial parent ample time to pursue any overdue amounts. After this period, the right to collect those arrears may expire. Keeping accurate records of payments can help in the collection process.

Full question:

I stay in Wisconsin. For the last 6 months, I am not receiving any child support. The child support amount has become overdue. Am I entitled to get the arrears with interest?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Wisconsin

Answer:

In Wisconsin, if you are owed child support that is overdue, you are entitled to receive interest on the arrears. According to Wis. Stat. § 767.511, any party ordered to pay child support must pay simple interest at the rate of 1 percent per month on any amount that is equal to or greater than the monthly child support obligation. This interest also accrues if the party no longer has a current obligation to pay child support.

Payments received for child support are applied in the following order: first to current support due, second to unpaid support due before the payment, and third to interest on unpaid support. This means that you can expect to receive both the overdue child support and the interest that has accrued during the time it has been unpaid.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who gets the interest on child support arrears in Wisconsin?

In Wisconsin, the individual owed child support receives the interest on the arrears. When child support payments are overdue, the law mandates that simple interest accrues at a rate of 1 percent per month on the unpaid amount. This means that as the custodial parent, you are entitled to both the overdue support and any interest that has accumulated during the time the payment was missed. Payments are applied first to current support, then to past due amounts, and finally to interest on those amounts.

How far back can child support be claimed in Wisconsin?

In Wisconsin, child support can generally be claimed for up to 20 years from the date it became due. This means that if payments were missed, you can pursue collection for any overdue amounts within that time frame. However, it's important to keep records of missed payments to support your claim. If you have questions about specific circumstances, consulting with a legal professional may be beneficial.

What is the statute of limitations on child support arrears in Wisconsin?

In Wisconsin, the statute of limitations for collecting child support arrears is 20 years from the date the payment was due. This means that you have two decades to pursue any overdue amounts. After this period, the ability to collect those arrears may be limited. It’s advisable to keep documentation of all payments and missed payments to support your claim.

How long can child support arrears be collected in Wisconsin?

How do I get rid of child support arrears in Wisconsin?

To address child support arrears in Wisconsin, you may consider negotiating a payment plan with the other parent or seeking a modification of the support order if circumstances have changed. In some cases, you may be able to request a court to forgive a portion of the arrears, especially if you can demonstrate financial hardship. Consulting with a family law attorney can provide guidance tailored to your situation.

Can child support arrears be forgiven in Wisconsin?

In Wisconsin, child support arrears may be forgiven under certain circumstances, but this typically requires a court order. If you can demonstrate significant financial hardship or if both parents agree to modify the support obligations, the court may consider forgiving some arrears. It’s important to have legal representation to navigate this process effectively.