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Denial of vacation time

Started by rainbow1, Sep 09, 2004, 07:19:07 AM

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rainbow1

All parties in Wisconsin, Shared placement custody & support, Father is to receive five weeks vacation with child yearly, Mother has only allowed two weeks. Keeps refusing all other requested weeks.     At recent child support hearing in front of court commisioner mother got the three weeks she denied taken out of the accounting for overnights. Court commissioner said if he has not taken them before the hearing they don't count. Court commissioner then raised the father's monthly gross income from the actual amount of $3700.00 to $5000.00 for figuring child support because in the past he had worked overtime even though he is not allowed to now on Doctor's orders. (Have filed for a Denovo Hearing.)  1. In the statute on shared placement isn't there a section stating that court ordered placement time, when denied, still counts for the denied parent?       2. Anywhere in the Family Law or DWD 40 Statutes?    

KAY



IN the family law chapter 767-actions affecting the family there are provisions for custody - custody enforcement 767.242 and child support 767.25 but they do code does not address situation you describe, it is probably the judges discretion.  The DWD 40 standard is just for determining child support amounts.  For further number crunching ocheck out the shared placement support caculator at http://www.dwd.state.wi.us/bcs/parents.htm  

PS  you need to have 92+ days per year before wisconsin support will drop from the 17%(one child). Also Wisconsin regularly rules that overtime is income therefore part of the equasion.  

rainbow1

I was just in court and was told they go by the formula in the statutes and do not use the calculators even though it's on the state child support web site and the site tells you to use it. I do have 92 days and shared placement designation.

smtotwo