Jan. 26, 2026 – Communication between parties involved in child support or maintenance orders is not always the strongest, particularly when it comes to discussing personal finances. While exchanging financial information is an annual requirement in Wisconsin for people in this situation, in real life, income changes significant enough to impact support payments may occur at any time of year. Previously, the law addressed this reality by requiring those paying support or maintenance to inform the other party of substantial income changes when they occur.
However, family law practitioners felt more could be done to ensure balance among parties, as child support or maintenance recipients may also experience a change of income significant enough to justify a modification of the order at any point in the year, but are not required to disclose that change until the annual exchange of finances. Additionally, payors may not realize their change in income was substantial enough to warrant a notification or may not believe income from a certain source required notification, as sources of income are not clearly defined in current statute
Lynne Davis is a lobbyist with the State Bar of Wisconsin. She can be reached by
email or by phone at (608) 852-3603.
To address these shortcomings, Governor Tony Evers recently signed
Act 82 into law, legislation drafted by the State Bar of Wisconsin’s Family Law Section Board and introduced by Sen. Jesse James (R-Thorp) and Rep. Ron Tusler (R-Harrison).
The new Act makes two primary changes. Most notably, the law now requires both parties involved in child support or maintenance orders to provide notification when a substantial change of income occurs. With this information, either party may now elect to seek a change in the amount of child support based on the new income data. Second, the proposal codifies what is considered a source of income by cross-referencing the definition in DCF 150.02(13), so there is no doubt which type of income must be disclosed.
The Act mirrors changes made in 2022 to the annual financial exchange statute (2021 WI Act 259), carrying over specific provisions which allows certain information to be redacted for privacy or safety purposes.
Lastly, the proposal specifies where certain income is not a factor in child support calculations or if the payor is not considered a shared-placement parent.
The new law provides clear guidance to both parties, as well as ensuring both payors and payees are expected to be transparent with their income.
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