Requests to alter child support on the rise

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A man recently came to the Dane County Circuit Court seeking a reduction in his child support payments, given that he was unemployed and looking for work.

Family Court Commissioner Mary E. Keppel said the man, who had a criminal record and little education, was hoping to land a job with a local fast food restaurant, but ultimately lost out on the position to someone from Janesville, prompting him to turn to the court for help.

With unemployment on the rise and the job market more competitive by the day, requests to delay, increase or temporarily reduce child support payments are on the rise around the state.

“We’re starting to see the effects of the economy,” Keppel said. “It’s cutting across all economic lines from low-wage earners to higher management type positions.”

Brad Logsdon, legal director of the Dane County Child Support Agency, said in his conversations with other county administrators, requests for modifications have in-creased about 20 percent in the last year.

In Milwaukee County, Child Support Agency Director Lisa J. Marks said re-quests to either increase or decrease payments have jumped by 1,000 in the first three months of this year, from 749 in 2008 to 1,763 this year.

“If you have someone coming in where the order was $500 a month who is a commission salesperson and they lose that commission, it’s sort of righteous to reduce it,” Marks said. “I think it’s fair and we have an obligation to look at that.”

Rock and a Hard Place

The recession is starting to hit hardest in counties which have endured massive layoffs, such as Rock County.

Last December, the General Motors plant in Janesville ceased production of SUVs and 1,200 employees were let go, as the car company began winding down production. Another 113 employees are expected to be laid-off this month and the plant is expected to close this summer.

Chris Baker Ellis, director of the Rock County Child Support Agency, said the office is just beginning to see the impact of the closure because many of the employees are receiving unemployment compensation or received severance packages.

But she expects the number of people seeking child support modifications will increase in the future, which is why the agency is developing a program with local attorneys to get ahead of the problem.

“The courts haven’t been inundated yet, but I’m sure as soon as the money runs out, they will,” Baker Ellis said. “We’re hoping to get some attorneys to help provide information or work through the process at a reduced rate.”

Family Law attorney Sara Eagle-Kjome indicated that the program would allow people who qualify for unemployment to hire an attorney who can file or respond to a motion to reduce child support for a flat fee of $500.

While former GM employees in Janesville are able to receive two years of unemployment and other benefits as part of their union agreement, Eagle-Kjome said if the car company files for bankruptcy, all that could change.

“A restructuring certainly could get rid of sub-payments [layoff benefits] and a lot of GM employees getting checks [in Janesville] may not, depending on what happens with the company as a whole,” said Eagle-Kjome, who practices at Murphy Desmond S.C. in Janesville.

She said the program has not been established yet, and solicitation of local attorneys to participate is forthcoming. But since most motions for modifications of child support are done pro se, any legal guidance should quicken the process if and when it goes to court.

“No matter what, a judge or court commissioner is on the hook [to decide],” Eagle-Kjome said. “I’d like to think that an attorney will be able to save time at the beginning by telling that person if it is not worth filing a motion.”

Bending But Not Breaking

In Brown County, Judge Mark A. Hammer has begun to see an increase in motions coming to his court, as fewer employees in the area are returning to work this spring after winter layoffs.

He said he typically schedules a four-week review of a person who is granted a modification of child support payments, to make sure they are actively looking for employment.

“The message I have is you have a primary responsibility to care for your children,” said Hammer, who is a member of the State Bar of Wisconsin’s Family Law Section.
He said the process has been made easier by the fact that the majority of people filing motions genuinely want to find another job.

“More typical than what we’ve seen in the past, is payors coming in asking for reviews of their payments as opposed to termination,” Hammer said.

“But it’s not a big leap in logic to say if someone is unable to maintain the rudimentary elements of their lives, claims that they don’t have money to pay support are more than likely legitimate.”

Marks said the agency in Milwaukee is working toward getting parties to stipulate to terms, in an effort to lessen the burden on the courts.

“For the courts, it’s a difficult situation because their role is to make sure the money is going to the families,” Marks said.

Milwaukee County Family Court Com-missioner Michael J. Bruch said his office has not seen a “discernable” increase yet, but he expects that will change.

“I suspect it’s going to be very interesting when it really gets going, because people losing their jobs are not necessarily on the low end of the pay scale,” Bruch said. “So we’re not seeing it yet, but my guess is we will at some point.”

Keppel said as motions to modify climb, it is not a matter of court commissioners or judges being more flexible, just realistic.

“I’d say we’re looking at every case and whether there is a justification and not just someone using the economy as an excuse,” Keppel said. “We have to be understanding if a person doesn’t have the same earning capacity they did before.”