Wisconsin Divorce with Children

Everything you need to know about divorce with children in Wisconsin — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.

Types of Custody in Wisconsin

Legal Custody

The right to make major decisions about your child's education, healthcare, religion, and welfare.

Joint:Both parents share decision-making authority
Sole:One parent has exclusive decision-making authority

Physical Custody

Determines where the child lives on a day-to-day basis and the parenting time schedule.

Joint:Child splits time between both households
Primary:Child lives mainly with one parent; other gets visitation

"Best Interests of the Child" Factors

Wisconsin courts consider multiple factors when determining custody arrangements:

Parent-Child Bond: The emotional relationship between each parent and the child
Stability: Each parent's ability to provide a stable home environment
Co-Parenting Ability: Each parent's willingness to foster the child's relationship with the other parent
Child's Adjustment: The child's adjustment to home, school, and community
Mental & Physical Health: The mental and physical health of all parties involved
Child's Preference: The child's reasonable preference (if old enough to express one)
History of Abuse: Any history of domestic violence, abuse, or neglect
Work Schedules: Each parent's work schedule and availability to the child

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Child Support in Wisconsin

Percentage of income Model

Wisconsin uses a Percentage of Income model under Wis. Stat. § 767.511 and DCF 150 administrative rules. The paying parent's gross income is multiplied by a fixed percentage based on the number of children: 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and 34% for 5 or more children. Shared placement adjustments apply when the payer has 25% or more placement time. A high-income payer formula applies when gross monthly income exceeds $7,000, with reduced percentages above that threshold and further reductions above $12,500/month.

Official Wisconsin child support calculator →

Factors Considered

Both parents' gross income
Number of children
Custody arrangement / parenting time
Health insurance costs for children
Childcare expenses
Special needs of the child
Other child support obligations
Standard of living during marriage

Additional Forms Required (Children)

FormName
FA-4104VSummons (With Minor Children)
FA-4108VPetition for Divorce/Legal Separation (With Minor Children)
FA-4147VProposed Parenting Plan
FA-4152VChild Support Worksheet

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What Goes in a Parenting Plan?

A comprehensive parenting plan should cover:

Regular Parenting Schedule

Week-by-week schedule of where the child lives and when transitions occur.

Holiday & Vacation Schedule

How holidays, school breaks, and vacation time are divided between parents.

Decision-Making Authority

Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.

Communication Rules

How the child communicates with the non-custodial parent (phone, video calls, etc.).

Transportation & Exchange

Who handles pickups/dropoffs and where exchanges occur.

Dispute Resolution

How disagreements about the parenting plan will be resolved (mediation first, then court).

Relocation Rules

Notice requirements and procedure if either parent wants to move.

Tips for Protecting Your Children During Divorce

1.

Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.

2.

Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.

3.

Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.

4.

Consider counseling. A child therapist can help children process their emotions during this time.

Frequently Asked Questions

How is child custody decided in Wisconsin?
Wisconsin courts determine custody based on the "best interests of the child" standard. Factors include each parent's relationship with the child, ability to provide stable housing, mental and physical health, and the child's preferences (if old enough). Courts generally favor arrangements that allow both parents significant time with the child.
How is child support calculated in Wisconsin?
Wisconsin uses the percentage of income model to calculate child support. Wisconsin uses a Percentage of Income model under Wis. Stat. § 767.511 and DCF 150 administrative rules. The paying parent's gross income is multiplied by a fixed percentage based on the number of children: 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and 34% for 5 or more children. Shared placement adjustments apply when the payer has 25% or more placement time. A high-income payer formula applies when gross monthly income exceeds $7,000, with reduced percentages above that threshold and further reductions above $12,500/month.
Is a parenting course required for divorce with children in Wisconsin?
Wisconsin may require a parenting course depending on your county. Check with your local court for specific requirements.
What is the difference between legal custody and physical custody in Wisconsin?
Legal custody refers to the right to make important decisions about the child's upbringing (education, healthcare, religion). Physical custody refers to where the child lives. Both can be sole (one parent) or joint (shared). Wisconsin courts can award different arrangements for legal and physical custody.
Can child support be modified in Wisconsin?
Yes, child support orders in Wisconsin can be modified when there is a substantial change in circumstances, such as a significant change in either parent's income, changes in custody arrangements, or changes in the child's needs. You must petition the court for a modification.

Related Wisconsin Guides

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