By Renee A. Read – 3/21/2023
In 2022, Wis. Stat. s. 767.54 was amended to expand the required information to be exchanged in child support and maintenance cases. Now, the required financial information to be exchanged is as follows:
- Complete copies of income tax returns (state and federal) for the prior calendar year (including W-2’s and 1099’s);
- The year-end paystub for each employer for the previous calendar year;
- The most recent paystub from all employers for the current year showing the gross and net year-to-date income; and
- Documentation of any other sources of income for the 12 months preceding the information exchange.
This information must be exchanged on or before May 1st annually, unless the parties agree to an alternate exchange date. This requirement includes cases in which a revision of child support or maintenance is being sought. If a person fails to comply with this provision, contempt of court may be pursued against such party and an award of reasonable attorney fees and costs may be awarded to the person bringing the action.
For older cases, the language contained in a marital settlement agreement, stipulation, or court order may be less inclusive, less detailed or with a different exchange date. It is important to seek legal counsel on your exact circumstances to ensure you (and the other party) are exchanging the appropriate information. Furthermore, the exact language of the statute should be scrutinized as differing interpretations may arise.
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