AB449, s. 21 21Section 21. 767.25 (1m) (intro.) of the statutes is amended to read:
AB449,13,222 767.25 (1m) (intro.) Upon request by a party, the court may modify the amount
23of child support payments determined under sub. (1j) s. 767.251 if, after considering
24the following factors, the court finds by the greater weight of the credible evidence

1that use of the percentage standard method under s. 767.251 is unfair to the child
2or to any of the parties:
AB449, s. 22 3Section 22. 767.25 (1n) of the statutes is amended to read:
AB449,13,114 767.25 (1n) If the court finds under sub. (1m) that use of the percentage
5standard
method of calculating child support under s. 767.251 is unfair to the child
6or the requesting party, the court shall state in writing or on the record the amount
7of support that would be required by using the percentage standard method under
8s. 767.251
, the amount by which the court's order deviates from that amount, its
9reasons for finding that use of the percentage standard method under s. 767.251 is
10unfair to the child or the party, its reasons for the amount of the modification, and
11the basis for the modification.
AB449, s. 23 12Section 23. 767.251 of the statutes is created to read:
AB449,13,15 13767.251 Calculation of child support payments. (1) Gross income. For
14purposes of determining a parent's gross income under this section, all of the
15following apply:
AB449,13,1616 (a) The court shall include as income all of the following:
AB449,13,1817 1. Subject to par. (b), all personal income considered gross income for federal
18income tax purposes.
AB449,13,2019 2. Net proceeds from worker's compensation or other personal injury awards
20intended to replace income.
AB449,13,2121 3. Income continuation benefits.
AB449,13,2322 4. Voluntary deferred compensation or employee contributions to a
23profit-sharing or pension account.
AB449,13,2424 5. Military allowances and veterans benefits.
AB449,14,2
16. Undistributed income from a closely held corporation if all of the following
2apply:
AB449,14,33 a. The parent has a majority interest in the corporation.
AB449,14,54 b. The parent may exercise control over, or access the earnings of, the
5corporation.
AB449,14,66 7. Tax-exempt interest.
AB449,14,77 (b) The court shall exclude from income all of the following:
AB449,14,98 1. Onetime long-term capital gain income from the sale of individual passive
9investments.
AB449,14,1010 2. Onetime capital gain income from the sale of the family home.
AB449,14,1111 (c) The court shall subtract from income all of the following:
AB449,14,1212 1. Any maintenance paid to the other parent or to a former spouse.
AB449,14,1413 2. If the parent is self-employed, one-half of the unemployment tax that the
14parent pays.
AB449,14,1615 3. Business expenses that are allowed as deductions for expenses for tax
16purposes.
AB449,14,1817 4. Business expenses that are not allowed as deductions for expenses for tax
18purposes but that the court considers necessary for the production of income.
AB449,14,2119 (d) The court shall include as income wages paid by the parent to a member of
20the parent's household that the court determines were paid for the purpose of
21diverting income to avoid paying child support.
AB449,15,422 (e) If the court determines that a party has encumbered, concealed, damaged,
23destroyed, transferred, or otherwise disposed of property for the purpose of avoiding
24payment of child support, or that child support based on the gross incomes of the
25parties will not adequately provide for the child and that the parties have

1nonproductive assets, the court may impute income to one or both parents from such
2property or assets by multiplying the value of the property or asset by the current
36-month treasury bill interest rate and including the amount obtained in the gross
4income of the appropriate parent.
AB449,15,105 (f) If the court determines that a parent is able and available to work, that
6employment opportunities exist in the parent's community for which the parent is
7qualified, and that the parent is not working at least 40 hours per week, the court
8shall impute to the parent a gross income based on a 40-hour work week, the parent's
9educational attainment and work experience, and the type of employment
10opportunities in the parent's community for which the parent is qualified.
AB449,15,14 11(2) Amount of physical placement. (a) For the purpose of determining child
12support payments under sub. (4), the court shall determine the amount of physical
13placement that a parent has on the basis of the number of days, or amount of time,
14out of a total of 365 days in a year, that the parent provides care for the child.
AB449,15,2015 (b) Notwithstanding par. (a), if both parents provide care for the child in the
16same 24-hour period, the court shall determine the amount of time that each parent
17provides care for the child on that day not on the basis of the number of hours that
18each parent cares for the child but on a basis that reflects each parent's proportionate
19share of the total expenses incurred by the 2 parents in caring for the child on that
20day.
AB449,15,2521 (c) After making any adjustments necessary to ensure that the total number
22of days in a year that the parents have physical placement of the child equals 365,
23the court shall determine the percentage of the 365 days in a year that each parent
24has physical placement of the child, and shall make any adjustments necessary to
25ensure that the total of those percentages equals 100%.
AB449,16,3
1(3) Gross monthly child support obligations. For the purpose of determining
2child support payments under sub. (4), the court shall determine the gross monthly
3child support obligation of each parent as follows:
AB449,16,64 (a) If the combined gross monthly income of the 2 parents is equal to or less than
5$4,000, the gross monthly child support obligation of each parent equals the
6following percentage of that parent's gross monthly income:
AB449,16,77 1. If there is one minor child, 17%.
AB449,16,88 2. If there are 2 minor children, 25%.
AB449,16,99 3. If there are 3 minor children, 29%.
AB449,16,1010 4. If there are 4 minor children, 31%.
AB449,16,1111 5. If there are 5 or more minor children, 34%.
AB449,16,1412 (b) If the combined gross monthly income of the 2 parents is greater than $4,000
13but not greater than $20,000, the gross monthly child support obligation of each
14parent is calculated as follows:
AB449,16,1615 1. The combined gross monthly child support obligation of the 2 parents equals
16the following amount:
AB449,16,1817 a. If there is one minor child, $680 plus 8.5% of the combined gross monthly
18income of the 2 parents in excess of $4,000.
AB449,16,2019 b. If there are 2 minor children, $1,000 plus 12.5% of the combined gross
20monthly income of the 2 parents in excess of $4,000.
AB449,16,2221 c. If there are 3 minor children, $1,160 plus 14.5% of the combined gross
22monthly income of the 2 parents in excess of $4,000.
AB449,16,2423 d. If there are 4 minor children, $1,240 plus 15.5% of the combined gross
24monthly income of the 2 parents in excess of $4,000.
AB449,17,2
1e. If there are 5 or more minor children, $1,360 plus 17% of the combined gross
2monthly income of the 2 parents in excess of $4,000.
AB449,17,53 2. The gross monthly child support obligation of each parent equals that
4parent's percentage of the combined gross income of the 2 parents multiplied by the
5applicable combined gross monthly child support obligation amount under subd. 1.
AB449,17,86 (c) If the combined gross monthly income of the 2 parents is greater than
7$20,000, the gross monthly child support obligation of each parent is calculated as
8follows:
AB449,17,109 1. The combined gross monthly child support obligation of the 2 parents equals
10the following amount:
AB449,17,1211 a. If there is one minor child, $2,040 plus 4% of the combined gross monthly
12income of the 2 parents in excess of $20,000.
AB449,17,1413 b. If there are 2 minor children, $3,000 plus 6% of the combined gross monthly
14income of the 2 parents in excess of $20,000.
AB449,17,1615 c. If there are 3 minor children, $3,480 plus 7% of the combined gross monthly
16income of the 2 parents in excess of $20,000.
AB449,17,1817 d. If there are 4 minor children, $3,720 plus 8% of the combined gross monthly
18income of the 2 parents in excess of $20,000.
AB449,17,2019 e. If there are 5 or more minor children, $4,080 plus 9% of the combined gross
20monthly income of the 2 parents in excess of $20,000.
AB449,17,2321 2. The gross monthly child support obligation of each parent equals that
22parent's percentage of the combined gross income of the 2 parents multiplied by the
23applicable combined gross monthly child support obligation amount under subd. 1.
AB449,18,224 (d) Notwithstanding pars. (a), (b), and (c), if a parent is subject to another child
25support order or is otherwise legally obligated to support one or more other children,

1that parent's gross monthly child support obligation is the amount determined for
2that parent under par. (a), (b), or (c), multiplied by the following percentage:
AB449,18,33 1. If the number of other children the parent is obligated to support is one, 90%.
AB449,18,44 2. If the number of other children the parent is obligated to support is 2, 85%.
AB449,18,55 3. If the number of other children the parent is obligated to support is 3, 80%.
AB449,18,76 4. If the number of other children the parent is obligated to support is 4 or more,
775%.
AB449,18,9 8(4) Amount of payments. The court shall determine child support payments
9as follows:
AB449,18,1410 (a) In sole placement cases. If the court grants periods of physical placement
11to only one parent, or if the court grants periods of physical placement to both parents
12but one parent has physical placement of the child for fewer than 55 days in a year,
13the parent with less or no physical placement shall pay to the other parent the gross
14monthly child support obligation determined for that payer parent under sub. (3).
AB449,18,1815 (b) In shared placement cases. If the court grants periods of physical placement
16to both parents and each parent has physical placement of the child for at least 55
17days in a year, the court shall determine child support payments in the following
18manner:
AB449,18,2219 1. Each parent's gross monthly child support obligation determined under sub.
20(3) shall be multiplied by 1.4 and by the other parent's percentage of physical
21placement determined under sub. (2) (c). The product under this subdivision for each
22parent is that parent's net monthly child support obligation.
AB449,19,223 2. Except as provided in subd. 3., the parent with the greater net monthly child
24support obligation under subd. 1. shall pay as child support, to the parent with the

1smaller net monthly child support obligation under subd. 1., the difference between
2those net monthly child support obligations.
AB449,19,63 3. If the amount of child support that a parent is obligated to pay under subd.
42. is greater than his or her gross monthly child support obligation determined under
5sub. (3), that parent shall pay as child support to the other parent the amount of his
6or her gross monthly child support obligation determined under sub. (3).
AB449,19,97 (c) In 3rd-party placement cases. If a child is placed outside his or her home
8in a residential, nonmedical facility, the child support obligation of each parent shall
9be his or her gross monthly child support obligation, as determined under sub. (3).
AB449,19,1610 (d) In split placement cases. If there is more than one child, if the amount of
11physical placement that a parent has with one or more of the children is not the same
12as the amount that the parent has with one or more of the other children, and if the
13court determines that each parent is required to pay child support to the other parent
14under par. (a) or (b) 2. or 3., the court shall require only the parent who is required
15to pay the greater amount to pay child support, and to pay only the difference in the
16amounts, to the other parent.
AB449, s. 24 17Section 24 . 767.295 (2) (c) of the statutes is amended to read:
AB449,20,418 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
19parent to pay child support equal to the amount determined by applying the
20percentage standard established under s. 49.22 (9) method under s. 767.251 to the
21income a person would earn by working 40 hours per week for the federal minimum
22hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that
23the parent was ordered to pay in the most recent determination of support under this
24chapter. The child support obligation ordered under this paragraph continues until
25the parent makes timely payment in full for 3 consecutive months or until the person

1participates in the program under s. 49.36 for 16 weeks, whichever comes first. The
2court shall provide in its order that the parent must make child support payments
3calculated under s. 767.25 (1j) or (1m) or 767.251 after the obligation to make
4payments ordered under this paragraph ceases.
AB449, s. 25 5Section 25. 767.32 (1) (b) 2. of the statutes is amended to read:
AB449,20,126 767.32 (1) (b) 2. Unless the amount of child support is expressed in the
7judgment or order as a percentage of parental income, the
The expiration of 33
8months after the date of the entry of the last child support order, including a revision
9of a child support order under this section, if the amount of child support under the
10revised order by using the method of calculating child support under s. 767.251 will
11differ from the amount under the last order by at least 10% of the amount under the
12last order or by at least $40 per month
.
AB449, s. 26 13Section 26 . 767.32 (1) (b) 4. of the statutes is amended to read:
AB449,20,2214 767.32 (1) (b) 4. A If the action in which the court most recently ordered child
15support, including a revision of a child support order under this section, was
16commenced before the effective date of this subdivision .... [revisor inserts date], a

17difference between the amount of child support ordered by the court to be paid by the
18payer and the amount that the payer would have been required to pay based on the
19percentage standard established by the department under s. 49.22 (9) , 1999 stats.,
20if the court did not use the percentage standard in determining the child support
21payments and did not provide the information required under s. 46.10 (14) (d), 301.12
22(14) (d), or 767.25 (1n), whichever is appropriate.
AB449, s. 27 23Section 27. 767.32 (1) (b) 5. of the statutes is created to read:
AB449,21,724 767.32 (1) (b) 5. If the action in which the court most recently ordered child
25support, including a revision of a child support order under this section, was

1commenced on or after the effective date of this subdivision .... [revisor inserts date],
2a difference between the amount of child support ordered by the court to be paid by
3the payer and the amount that the payer would have been required to pay based on
4the method of calculating child support under s. 767.251 if the court did not use that
5method in determining the child support payments and did not provide the
6information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), whichever
7is appropriate.
AB449, s. 28 8Section 28. 767.32 (1) (b) 6. of the statutes is created to read:
AB449,21,159 767.32 (1) (b) 6. The amount of child support last ordered by the court was
10based on the amount of physical placement awarded to the parties and the payer has
11consistently failed to exercise his or her periods of physical placement, if the amount
12of child support under the revised order, based on the actual amount of physical
13placement that the payer has in the past exercised, will differ from the amount under
14the last order by at least 15% of the amount under the last order or by at least $60
15per month.
AB449, s. 29 16Section 29. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and
17amended to read:
AB449,21,2118 767.32 (2) (a) Except as provided in sub. (2m) or (2r), if the court revises a
19judgment or order with respect to child support payments, it shall do so by using the
20percentage standard established by the department under s. 49.22 (9) method under
21s. 767.251
.
AB449, s. 30 22Section 30. 767.32 (2) (b) of the statutes is created to read:
AB449,22,223 767.32 (2) (b) In determining the amount of physical placement that each
24parent has for purposes of calculating child support under s. 767.251, the court shall
25use the actual time that a child regularly spends with each parent, regardless of the

1allocation of physical placement between the parents under a physical placement
2order.
AB449, s. 31 3Section 31 . 767.32 (2m) of the statutes is amended to read:
AB449,22,84 767.32 (2m) Upon request by a party, the court may modify the amount of
5revised child support payments determined under sub. (2) if, after considering the
6factors listed in s. 767.25 (1m), the court finds, by the greater weight of the credible
7evidence, that the use of the percentage standard method of calculating child support
8under s. 767.251
is unfair to the child or to any of the parties.
AB449, s. 32 9Section 32. 767.325 (5r) of the statutes is created to read:
AB449,22,1710 767.325 (5r) Delay if modification sought in response to child support
11modification.
(a) Except as provided in par. (b), if the court determines that a
12petition, motion, or order to show cause to modify a physical placement order is filed
13under this section in response to a petition, motion, or order to show cause filed under
14s. 767.32 to revise a judgment or order with respect to an amount of child support,
15the court may not hear or make a determination on the petition, motion, or order to
16show cause filed under this section until at least 30 days after the signing of the order
17related to the petition, motion, or order to show cause to revise child support.
AB449,22,2018 (b) The delay requirement under par. (a) does not apply if the party seeking to
19modify the physical placement order presents any credible evidence that the current
20allocation of physical placement will cause irreparable harm to the child.
AB449, s. 33 21Section 33 . 767.45 (7) of the statutes is amended to read:
AB449,23,222 767.45 (7) The clerk of court shall provide without charge, to each person
23bringing an action under this section, except to the state under sub. (1) (g) or (h), (6),
24(6m), or (6r), a document setting forth the percentage standard established by the

1department under s. 49.22 (9)
method of calculating child support under s. 767.251
2and listing the factors which that a court may consider under s. 767.25 (1m).
AB449, s. 34 3Section 34 . 767.455 (6) of the statutes is amended to read:
AB449,23,84 767.455 (6) Document. The summons served on the respondent shall be
5accompanied by a document, provided without charge by the clerk of court, setting
6forth the percentage standard established by the department under s. 49.22 (9)
7method of calculating child support under s. 767.251 and listing the factors which
8that a court may consider under s. 767.25 (1m).
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