Reporting Income Changes in Child Support and Maintenance Cases

Learn who must report income changes, what counts as gross income, and how Wisconsin’s updated law could affect your support obligations.

Each year, Wisconsin law requires parties with a court order for child support or maintenance to exchange financial information, including documentation of their gross income. This requirement helps ensure support obligations remain fair and allows parties to determine whether they need to adjust support. In addition, this previous law only required the payor to notify the recipient within 10 days if their income substantially changed. The recipient was exempt from this obligation.

These support guidelines raised questions…

Why does the law only require the payor to disclose significant income changes as soon as they occur? Why can the recipient wait until the annual financial disclosure to notify the payor of income changes?

What truly counts as gross income? Do parents need to include things like Supplemental Security Income? What about veteran disability compensation benefits and military allowances?

Wisconsin Statute Modifications

These questions brought about the need for clarification and changes within Wisconsin statues. At the end of 2025, Governor Evers approved Act 82 which significantly changed the notification requirements for parties subject to support orders in Wisconsin family court cases. With this new legislation, Act 82 modified Wis. Stat. §767.58 to require both the payor and payee of support to notify each other and the child support agency of any substantial changes in their gross income (within 10 days of that change).

Why Was The Change Necessary?

Under the previous law, it was not uncommon for those receiving support to question whether they had to report their changes in income. Then the answer was, of course, there was no obligation to do so until the annual exchange of information as required in Wis. Stat. §767.54. That statute requires both parties to exchange financial information annually by May 1.

These inconsistencies could leave a parent in a shared placement arrangement paying more than required under the guidelines. If the other parent’s income increased, the parties may have needed to adjust the support amount. In those circumstances, the payor may not be aware until that annual exchange of information that the recipient had an increase in earnings. The changes to Wis. Stat. §767.58 intended to clarify and balance the obligations for both parties involved in the order.  

What Income Must Be Reported?

Additionally, this new legislation more accurately explains the type of income that parents must disclose. Previously, the statute required the payor to notify the other parent of any substantial change in income and specifically referenced bonus income, but it did not clearly define income as gross income.

Those familiar with support orders may be aware that the law requires that support obligations rely upon a party’s gross monthly income. The recent change addressed deficiencies with the wording by making the reference to income consistent with the Department of Children and Families (DCF) guidelines for support. These guidelines  specify that income in both instances meant gross income.

DCF 150 lists nine examples of what the state considers gross income:

• Salary and wages.
• Interest and investment income.
• Social security disability and old age insurance benefits.
• Net proceeds from worker compensation claims or personal injury awards.
• Unemployment insurance.
• Income continuation benefits.
• Voluntary deferred compensation and contributions to employee benefit plans.
• Veteran disability compensation benefits and military allowances.
• Undistributed income from corporations or other similar businesses. 

Are There Exceptions To The Income Disclosure Requirement?

Importantly, the legislature created a new subsection in §767.58(1r)(cm) to state that if a court orders child support payments only, then neither party is required to disclose income DCF 150 does not classify as gross income. This means that certain types of income that are not used to calculate child support do not need to be reported as part of the income exchange process. 

What is NOT included in gross income? (What do you not have to disclose?)

• Child support.
• Foster care and kinship care payments.
• Public assistance benefits.
• Food stamps.
• Cash benefits paid by counties.
• Supplement security income
• Payments for social services or other public assistance benefits. 

Additionally, in §767.58(1r)(cm) a recipient of child support does not have to disclose changes in income if the payor is not a shared-placement parent. A shared-placement parent has placement at least 25% of the time. In those cases, courts rely only on the payor’s income to issue a support obligation. When placement is not shared, the court uses only the payor’s income to calculate support, so the recipient’s income change generally does not affect the support amount.

Can Parties Redact Confidential Information?

The updated law allows both parties to remove certain confidential information before sharing financial documents, consistent with Wisconsin’s existing financial disclosure requirements (Wis. Stat. §767.54). This helps protect sensitive personal information while still allowing both parties to exchange the financial information needed to determine whether a support adjustment may be necessary.

Key Takeaways

Overall, this new law holds both parties to the same reporting requirements. By clarifying the rules, Wisconsin aims to make child support and maintenance obligations fairer for everyone involved.

If you have more questions about support obligations or another family law matter, please contact us or schedule a consultation with one of our family law attorneys. Consultations can be done via phone, video call, or in person at one of our office locations in Sheboygan, Mequon, or Random Lake Wisconsin. 

Want to learn more about Wisconsin family law and estate planning? At HKK Law Offices, we believe clarity helps our clients make informed legal decisions with confidence. That’s why we share educational content on TikTok, YouTube, LinkedIn, Facebook, and Instagram to help you better understand your legal options and protect your rights. Check out our social media pages and follow along for our latest educational posts, legal updates, and helpful resources!