CR 18-087 Rule Text

Summary of Factual Data and Analytical Methodologies

The rule corrects a drafting error.

Summary of Related Federal Requirements

Wisconsin’s Percentage of Income Standard was created to comply with federal requirements in 45 CFR 302.56 (a) that require that as a condition of approval of its State plan, all states must establish one set of guidelines by law or by judicial or administrative action for setting and modifying child support award amounts within the State. The methodology to be used in calculating support orders is at state discretion.

Comparison to Rules in Adjacent States

Iowa, Minnesota, and Michigan use an Income Shares Model to establish child support. Illinois uses a Percentage of Income Standard. The amount of support calculated under Wisconsin’s Percentage of Income Standard is consistent with that of neighboring states.

Effect on Small Business

The rule will not affect small businesses as defined in s. 227.114 (1), Stats.

Analysis Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis

The proposed rule revisions apply to temporary and final orders for child support or family support of a marital or non-marital child in any action affecting the family under ch. 767, Stats., including stipulated child support settlements under s. 767.34, Stats.

Agency Contact Person

Connie Chesnik, Attorney

Office of Legal Counsel

[e-mail]

[phone]

Public Comment

The department will hold a public hearing on January 9, 2019, at 2 p.m., in the GEF 1 Building, 201 E. Washington, Room H206, Madison. Written comments may be submitted no later than January 9, 2019, to [e-mail] or Elaine Pridgen, Office of the Secretary, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916.

SECTION 1. DCF 150.03 (5) (b) 7. is amended to read:

DCF 150.03 (5) (b) 7. Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement payer. The shared-placement payer shall pay either the greater lesser of the amount determined in this subsection or the amount determined using the appropriate percentage standard under s. DCF 150.03 (1).

SECTION 2. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.