Privacy Act-Child Support Agency

[myrtle]

Would this be considered a violation of the Wisconsin Privacy Act?

My financial information was shared with the ex by the Child Support Agency.  I specifically asked them in August of 2004 if she would be given any of my financial information.  They replied, "No, neither of you will see the other's information".  Child support sent her a copy of the letter my attorney and I received which had my gross income on it, and the amount of child support they would be trying to award her.  There is still no child support order in place, so it was unnecessary for her to be given any figures at this time.  It's an unusual case and it's possible there will be no order.  It wouldn't be such a big deal, but she's flapping her mouth about our personal information.  I'd appreciate some input on this.

Thanks,
Myrtle  

[MixedBag]

Gross income is usually what's used to determine child support.

I would consider financial information that's an invasion of privacy information that contains bank account information, or name of mutual funds, or credit account card numbers, and stuff like that.

INCOME nope because you're talking about child support.

[myrtle]

I appreciate your input, however, the point is there is no court order for child support, and our attorney is almost positive that there won't be.  So, we feel at this point, our personal info is not her business.  I've been divorced from her for 11 years and she can't give up playing games.  She goes to great lengths trying to get any info she can.  She has even asked the kids to snoop through our things, and has even asked them to steal things from us.  It's just another frustration after another with her.  I just feel it was a violation of my privacy to give her this info before any court order is in place, which may not even happen.  The less she knows about us, the better!  Thanks.

[Darryl]

I don't know the particulars of your case but it is an EXTREMELY RARE case that awards zero child support, and that is normally ONLY if BOTH parties agree to it. I would worry that your attorney is blowing smoke up your butt. Child support is ALWAYS, ALWAYS modifiable. If biomom now wants it she will probably get it, even if you have so-called 50-50 parenting time.

Sorry, but beware in the family court, the NCP will pay!

[myrtle]

Here are the particulars of my case.  I was the CP of the two oldest children, she has been the CP of the youngest.  In the original divorce decree it stated there will be no child support even though I had 2 and she had 1.  I filed for modification and did, indeed get an award of "zero" child support.  That is why this is an unusual case.  The judge's reasons had to do with a caparison of incomes which I understand is also very unusual.  Our incomes at the time were comparable.  Her income now is 3 times mine.  My wife and I are now suffereing a financial hardship due to economic downturn.  We can't pay all of our bills the way it is.  We are trying to sell our home that we worked so hard to buy.  It will not be in my daughter's best interest to watch me lose my home and suffer financially especially when I know she has everything she could ever dream of having and more!  And how fair is it to the 2 oldest that their mother never supported them?

[Darryl]

Well if what you are saying is that the two oldest children (that you were the CP of) are now emancipated that is called a 'change of circumstances'. If she is the CP of your youngest child and the older ones are indeed emancipated I really feel it will no longer be a case of zero child support.

No, it is not fair that she didn't support the older two children but 'fair' does not count in the family court system. They will only care about the current circumstance, and that is that she is caring for your daughter and you will have to contribute your money to her for her to use as she sees fit, period.

I know it sucks. I am an NCP and have been raked over the coals for 18 years so far by two different 'moms'. I am only telling you to be realistic. Lawyers will tell you lots of things that may or may not be true. You will fight, thinking you will win, you will spend tons of money on legal fees, and it will all boil down to how the judge feels that day. His job is to look out for the 'best interest of the child' standard. He will err on the side of caution to the CP in most cases. The two oldest children are irrelevant if they are now emancipated and you will get no where using that argument as a strategy.

Not trying to burst your bubble. But you have said nothing so far that leads me to believe you will pay zero.

Good Luck!