Modifying Child Support After Job Loss, Disability or Incarceration in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

Wisconsin child support does not drop on its own after a job loss. The agency will not review after a voluntary income cut, and incarceration can justify a review but is not the sole factor.

Can you lower child support after a job loss in Wisconsin?

Yes, by motion or agency review, if the loss is a substantial change in circumstances (Wis. Stat. 767.59(1f)). The state agency lists a decrease in salary that changes the monthly order by more than $50 as an example, and has a job-loss page for requesting a review (DCF).

What must I tell the agency about a job loss?

By law you must tell your child support agency within 10 days if you lose your job, your income changes, you get a new job or you change jobs; your order continues after a job loss because only a court can change the amount (DCF job-loss page).

When should I ask for a review after a job loss?

If the job loss is expected to last longer than 6 to 8 weeks or will cause a substantial change in income, ask your agency to review the order; you can also file a motion yourself with the clerk of court (DCF job-loss page).

Can unemployment benefits be withheld?

Yes. If support was taken from your paycheck, it will be withheld from unemployment checks; state policy allows up to 50% of your Wisconsin unemployment benefits, even after deductions for penalties or overpayments, and you still owe any support not covered (DCF job-loss page).

What if I cut my own income in Wisconsin?

The agency will not do a review when the paying parent has voluntarily reduced his or her income (DCF), and annotations say that in shirking cases the one standard is reasonableness under the circumstances. Document why the job ended.

What happens to support if I am incarcerated?

The agency might do a review when the paying parent is incarcerated (DCF). Courts have held incarceration is a change sufficient to give the court competence to review a support order, but it should not be the sole determining factor (annotations to Wis. Stat. 767.59). Federal rules say incarceration should not be treated as voluntary unemployment (45 CFR 302.56(c)(3)).

What examples does the agency give of a substantial change?

A raise or pay cut that changes the monthly order by more than $50, a change in a child’s placement to the paying parent, the paying parent no longer owing support for an older child on the case, and the receiving parent starting public assistance when the order is old or has no support (DCF).

Can I use the Wisconsin 33-month ground after a layoff?

Yes, if 33 months have passed since the last order and support is a dollar amount; otherwise use the substantial-change ground. File promptly: only arrears after notice can be revised (767.59(1m)).

Does a new baby or new family count in Wisconsin?

The agency lists no longer being responsible for an older child on the case as an example; a new child is not on its list, so bring documents and ask the court (DCF).

What proof helps?

What should you do first?

1. Give notice of the action now.
2. Keep paying what you can: past-due support carries 6% interest (see how Wisconsin interest works).
3. Check your numbers in the Wisconsin child support modification calculator.

Frequently asked questions

Official sources

• Wis. Stat. 767.59(1f): substantial change; 33 months
• Wis. Stat. 767.59: revision of judgment
• Wis. Admin. Code DCF 150: child support guidelines
• DCF: reviewing a court order for a change
• 2021 WI App 40: retroactive revision under 767.59(1m)
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Wisconsin statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Wisconsin attorney.