It’s never a good idea to make legal decisions without all the facts. Child placement involves decisions determining who a child lives with following divorce. There’s a lot of myths and false information out there on the topic. Here are four child placement myths we come across, along with the actual legal facts.

Myth 1: Neither parent pays child support if you have equal placement of the children.

Each State has their own guidelines for how to determine any payments of child support.  While the amount of time a parent is responsible for the care of their children is considered, a 50/50 placement schedule does not equal no child support.

A parent’s income is still the main factor in determining child support.  A parent who earns more than the other parent will likely pay some amount of support to the parent who earns less. The amount of child support depends on how big of a difference there is in the parties’ incomes and what other financial contributions a parent may be paying on behalf of the child.  The most common additional expense is medical insurance. When parents have similar income there may not be child support owed by one parent to the other.  

Parents can also make their own agreements on their financial support of their children as long as agreements meet the children financial needs.  If a parent is receiving any assistance from the state for insurance, food or child care then the child support agency will need to approve any agreement between the parents. 

Myth 2: My ex refuses to let me see the children so I do not have to pay them any child support.

You are still required to make your child support payments even if the other parent isn’t cooperating with placement.  Withholding support is not an acceptable way to try and get the other parent to follow a placement schedule.

Deciding to not pay child support can get you into hot water.  Non-payment of support is taken seriously and can result in the state putting a lien on your tax returns and property, denying you a hunting license, denying you a passport.  You can also be criminally charged for failure to support your children if the non-payment is intentional, and long-term.

Myth 3: My child is a teenager and gets to choose which parent to live with. 

A child, any age, does not have the ability to decide their own placement until they become an adult at the age of 18.  A child’s wishes are always taken into consideration but the how much a child’s opinion influences a placement decision often depends on their age, maturity, and reasons for their opinion.  

Example:  A child’s opinion is given more weight if there is a safety concern such as drugs in the household or incidents of violence.  If a child’s preference is to avoid normal parental conflict or rules and responsibilities in one parent’s home then their opinion will not have much influence.   

Myth 4: I am not allowed to take my child out of the state without permission from their other parent. 

If it is your placement time with your child you can take your child out of Wisconsin for a trip.  You do not have to get the other parent’s permission as long as your court order doesn’t restrict you from traveling.  You are not allowed to take the child during the other parent’s placement time unless they give you permission to do so.

It is good co-parenting to let the other parent know if you are traveling with the child.  Especially if you want the other parent to let you know when they travel.

You Don’t Know What You Don’t Know.

Don’t make decisions based on misinformation. Take the time to research the issues, or reach out to us to setup a consultation to get your questions answered. You can get in touch with us on our Contact Us page here.