AB449: Bill Text

AB449,18,3 1. If the number of other children the parent is obligated to support is one, 90%.

AB449,18,4 2. If the number of other children the parent is obligated to support is 2, 85%.

AB449,18,5 3. If the number of other children the parent is obligated to support is 3, 80%.

AB449,18,7 4. If the number of other children the parent is obligated to support is 4 or more, 75%.

AB449,18,9 (4) Amount of payments. The court shall determine child support payments as follows:

AB449,18,14 (a) In sole placement cases. If the court grants periods of physical placement to only one parent, or if the court grants periods of physical placement to both parents but one parent has physical placement of the child for fewer than 55 days in a year, the parent with less or no physical placement shall pay to the other parent the gross monthly child support obligation determined for that payer parent under sub. (3).

AB449,18,18 (b) In shared placement cases. If the court grants periods of physical placement to both parents and each parent has physical placement of the child for at least 55 days in a year, the court shall determine child support payments in the following manner:

AB449,18,22 1. Each parent's gross monthly child support obligation determined under sub. (3) shall be multiplied by 1.4 and by the other parent's percentage of physical placement determined under sub. (2) (c). The product under this subdivision for each parent is that parent's net monthly child support obligation.

AB449,19,2 2. Except as provided in subd. 3., the parent with the greater net monthly child support obligation under subd. 1. shall pay as child support, to the parent with the smaller net monthly child support obligation under subd. 1., the difference between those net monthly child support obligations.

AB449,19,6 3. If the amount of child support that a parent is obligated to pay under subd. 2. is greater than his or her gross monthly child support obligation determined under sub. (3), that parent shall pay as child support to the other parent the amount of his or her gross monthly child support obligation determined under sub. (3).

AB449,19,9 (c) In 3rd-party placement cases. If a child is placed outside his or her home in a residential, nonmedical facility, the child support obligation of each parent shall be his or her gross monthly child support obligation, as determined under sub. (3).

AB449,19,16 (d) In split placement cases. If there is more than one child, if the amount of physical placement that a parent has with one or more of the children is not the same as the amount that the parent has with one or more of the other children, and if the court determines that each parent is required to pay child support to the other parent under par. (a) or (b) 2. or 3., the court shall require only the parent who is required to pay the greater amount to pay child support, and to pay only the difference in the amounts, to the other parent.

AB449, s. 24 Section 24 . 767.295 (2) (c) of the statutes is amended to read:

AB449,20,4 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) method under s. 767.251 to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.251 after the obligation to make payments ordered under this paragraph ceases.

AB449, s. 25 Section 25. 767.32 (1) (b) 2. of the statutes is amended to read:

AB449,20,12 767.32 (1) (b) 2. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, the The expiration of 33 months after the date of the entry of the last child support order, including a revision of a child support order under this section, if the amount of child support under the revised order by using the method of calculating child support under s. 767.251 will differ from the amount under the last order by at least 10% of the amount under the last order or by at least $40 per month.

AB449, s. 26 Section 26 . 767.32 (1) (b) 4. of the statutes is amended to read:

AB449,20,22 767.32 (1) (b) 4. A If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced before the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) , 1999 stats., if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), whichever is appropriate.

AB449, s. 27 Section 27. 767.32 (1) (b) 5. of the statutes is created to read:

AB449,21,7 767.32 (1) (b) 5. If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced on or after the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the method of calculating child support under s. 767.251 if the court did not use that method in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), whichever is appropriate.

AB449, s. 28 Section 28. 767.32 (1) (b) 6. of the statutes is created to read:

AB449,21,15 767.32 (1) (b) 6. The amount of child support last ordered by the court was based on the amount of physical placement awarded to the parties and the payer has consistently failed to exercise his or her periods of physical placement, if the amount of child support under the revised order, based on the actual amount of physical placement that the payer has in the past exercised, will differ from the amount under the last order by at least 15% of the amount under the last order or by at least $60 per month.

AB449, s. 29 Section 29. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and amended to read:

AB449,21,21 767.32 (2) (a) Except as provided in sub. (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under s. 49.22 (9) method under s. 767.251.

AB449, s. 30 Section 30. 767.32 (2) (b) of the statutes is created to read:

AB449,22,2 767.32 (2) (b) In determining the amount of physical placement that each parent has for purposes of calculating child support under s. 767.251, the court shall use the actual time that a child regularly spends with each parent, regardless of the allocation of physical placement between the parents under a physical placement order.

AB449, s. 31 Section 31 . 767.32 (2m) of the statutes is amended to read:

AB449,22,8 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or to any of the parties.

AB449, s. 32 Section 32. 767.325 (5r) of the statutes is created to read:

AB449,22,17 767.325 (5r) Delay if modification sought in response to child support modification. (a) Except as provided in par. (b), if the court determines that a petition, motion, or order to show cause to modify a physical placement order is filed under this section in response to a petition, motion, or order to show cause filed under s. 767.32 to revise a judgment or order with respect to an amount of child support, the court may not hear or make a determination on the petition, motion, or order to show cause filed under this section until at least 30 days after the signing of the order related to the petition, motion, or order to show cause to revise child support.

AB449,22,20 (b) The delay requirement under par. (a) does not apply if the party seeking to modify the physical placement order presents any credible evidence that the current allocation of physical placement will cause irreparable harm to the child.

AB449, s. 33 Section 33 . 767.45 (7) of the statutes is amended to read:

AB449,23,2 767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (h), (6), (6m), or (6r), a document setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which that a court may consider under s. 767.25 (1m).

AB449, s. 34 Section 34 . 767.455 (6) of the statutes is amended to read:

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

AB449, s. 35 Section 35 . 767.477 (2) of the statutes is amended to read:

AB449,23,16 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251, the court shall comply with the requirements of s. 767.25 (1n).

AB449, s. 36 Section 36. 938.30 (6) (b) of the statutes is amended to read:

AB449,24,2 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c).

AB449, s. 37 Section 37. 938.31 (7) (b) of the statutes is amended to read:

AB449,24,13 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c).

AB449, s. 38 Section 38. 938.33 (4m) (intro.) of the statutes is amended to read:

AB449,24,20 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 301.12 (14) (c) for deviation from the percentage standard method of calculating child support under s. 767.251. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

AB449, s. 39 Section 39. 938.357 (5m) (a) of the statutes is amended to read:

AB449,25,8 938.357 (5m) (a) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

AB449, s. 40 Section 40. 938.363 (1) (c) of the statutes is amended to read:

AB449,25,18 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 46.10 (14) (c).

AB449, s. 41 Section 41. 948.22 (4) (b) of the statutes is amended to read:

AB449,26,2 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild, or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under s. 49.22 (9) the method of calculating child support under s. 767.251 or causing a spouse, grandchild, or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

AB449, s. 42 Section 42 . 948.22 (7) (bm) of the statutes is amended to read:

AB449,26,10 948.22 (7) (bm) Upon request, the court may modify the amount of child or spousal support payments determined under par. (b) 2. if, after considering the factors listed in s. 767.25 (1m), regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.25 (1), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or to either of the child's parents.

AB449, s. 43 Section 43. Initial applicability.

AB449,26,14 (1) This act first applies to actions or proceedings, including actions or proceedings to enforce or modify a judgment or order previously granted, that are commenced on the effective date of this subsection.

AB449,26,15 (End)