SB156, s. 2
1Section 2. 46.10 (14) (c) (intro.) of the statutes is amended to read:
SB156,6,62 46.10 (14) (c) (intro.) Upon request by a parent, the court may modify the
3amount of child support payments determined under par. (b), subject to par. (cm), if,
4after considering the following factors, the court finds by the greater weight of the
5credible evidence that the use of the percentage standard method of calculating child
6support under s. 767.251
is unfair to the child or to either of the parents:
SB156, s. 3 7Section 3. 46.10 (14) (d) of the statutes is amended to read:
SB156,6,158 46.10 (14) (d) If the court finds under par. (c) that use of the percentage
9standard
method of calculating child support under s. 767.251 is unfair to the minor
10child or either of the parents, the court shall state in writing or on the record the
11amount of support that would be required by using the percentage standard method
12under s. 767.251
, the amount by which the court's order deviates from that amount,
13its reasons for finding that use of the percentage standard method under s. 767.251
14is unfair to the child or the parent, its reasons for the amount of the modification, and
15the basis for the modification.
SB156, s. 4 16Section 4. 46.247 of the statutes is amended to read:
SB156,6,25 1746.247 Application of method of calculating child support standard for
18certain children.
For purposes of determining child support under s. 46.10 (14) (b),
19the department shall promulgate rules related to the application of the standard
20established by the department of workforce development under s. 49.22 (9)
method
21under s. 767.251
to a child support obligation for the care and maintenance of a child
22who is placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical
23facility. The rules shall take into account the needs of any person, including
24dependent children other than the child, whom either parent is legally obligated to
25support.
SB156, s. 5
1Section 5. 48.30 (6) (b) of the statutes is amended to read:
SB156,7,122 48.30 (6) (b) If it appears to the court that disposition of the case may include
3placement of the child outside the child's home, the court shall order the child's
4parent to provide a statement of income, assets, debts, and living expenses to the
5court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled
6date of the dispositional hearing or as otherwise ordered by the court. The clerk of
7court shall provide, without charge, to any parent ordered to provide a statement of
8income, assets, debts, and living expenses a document setting forth the percentage
9standard established by the department of workforce development under s. 49.22 (9)

10method of calculating child support under s. 767.251 and the manner of its
11application established by the department of health and family services under s.
1246.247 and listing the factors that a court may consider under s. 46.10 (14) (c).
SB156, s. 6 13Section 6. 48.31 (7) (b) of the statutes is amended to read:
SB156,7,2414 48.31 (7) (b) If it appears to the court that disposition of the case may include
15placement of the child outside the child's home, the court shall order the child's
16parent to provide a statement of income, assets, debts, and living expenses to the
17court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled
18date of the dispositional hearing or as otherwise ordered by the court. The clerk of
19court shall provide, without charge, to any parent ordered to provide a statement of
20income, assets, debts, and living expenses a document setting forth the percentage
21standard established by the department of workforce development under s. 49.22 (9)

22method of calculating child support under s. 767.251 and the manner of its
23application established by the department of health and family services under s.
2446.247 and listing the factors that a court may consider under s. 46.10 (14) (c).
SB156, s. 7 25Section 7. 48.33 (4m) (intro.) of the statutes is amended to read:
SB156,8,6
148.33 (4m) Support recommendations; information to parents. (intro.) In
2making a recommendation for an amount of child support under sub. (4), the agency
3shall consider the factors that the court considers under s. 46.10 (14) (c) for deviation
4from the percentage standard method of calculating child support under s. 767.251.
5Prior to the dispositional hearing under s. 48.335, the agency shall provide the child's
6parent with all of the following:
SB156, s. 8 7Section 8. 48.357 (5m) (a) of the statutes is amended to read:
SB156,8,208 48.357 (5m) (a) If a proposed change in placement changes a child's placement
9from a placement in the child's home to a placement outside the child's home, the
10court shall order the child's parent to provide a statement of income, assets, debts,
11and living expenses to the court or the person or agency primarily responsible for
12implementing the dispositional order by a date specified by the court. The clerk of
13court shall provide, without charge, to any parent ordered to provide a statement of
14income, assets, debts, and living expenses a document setting forth the percentage
15standard established by the department of workforce development under s. 49.22 (9)

16method of calculating child support under s. 767.251 and the manner of its
17application established by the department of health and family services under s.
1846.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If the
19child is placed outside the child's home, the court shall determine the liability of the
20parent in the manner provided in s. 46.10 (14).
SB156, s. 9 21Section 9. 48.363 (1) (c) of the statutes is amended to read:
SB156,9,722 48.363 (1) (c) If the proposed revision is for a change in the amount of child
23support to be paid by a parent, the court shall order the child's parent to provide a
24statement of income, assets, debts, and living expenses to the court and the person
25or agency primarily responsible for implementing the dispositional order by a date

1specified by the court. The clerk of court shall provide, without charge, to any parent
2ordered to provide a statement of income, assets, debts, and living expenses a
3document setting forth the percentage standard established by the department of
4workforce development under s. 49.22 (9)
method of calculating child support under
5s. 767.251
and the manner of its application established by the department of health
6and family services under s. 46.247 and listing the factors that a court may consider
7under s. 46.10 (14) (c).
SB156, s. 10 8Section 10. 49.22 (9) of the statutes is repealed and recreated to read:
SB156,9,129 49.22 (9) The department shall prepare and make available to judges and other
10court personnel forms, tables, computer software, and instruction manuals or other
11publications to aid in the calculation of child support by using the method under s.
12767.251.
SB156, s. 11 13Section 11. 49.22 (10) of the statutes is created to read:
SB156,9,1914 49.22 (10) (a) The joint legislative council is requested to appoint, by January
151, 2006, and by January 1 every 4 years thereafter, a child support committee to
16review the adequacy to support children of the method of calculating child support
17under s. 767.251. The committee shall consider current research and economic and
18case data, as well as any other relevant resources, on the cost of, and expenditures
19that are necessary for, raising children.
SB156,9,2220 (b) The committee shall be composed of representatives of the state's judicial
21branch, legislative branch, executive branch, and state bar, and of advocates for
22children, child support payers, and child support payees.
SB156,9,2423 (c) No later than January 1, 2007, and no later than January 1 every 4 years
24thereafter, the committee shall report its findings and legislative and other

1recommendations to the appropriate standing committees of the legislature under
2s. 13.172 (3) and to the federal department of health and human services.
SB156, s. 12 3Section 12. 301.12 (14) (b) of the statutes is amended to read:
SB156,10,124 301.12 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
5of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the
6parent's minor child who has been placed by a court order under s. 938.183, 938.355,
7or 938.357 in a residential, nonmedical facility such as a group home, foster home,
8treatment foster home, residential care center for children and youth, or juvenile
9correctional institution shall be determined by the court by using the percentage
10standard established by the department of workforce development under s. 49.22 (9)

11method of calculating child support under s. 767.251 and by applying the percentage
12standard
method in the manner established by the department under par. (g).
SB156, s. 13 13Section 13. 301.12 (14) (c) (intro.) of the statutes is amended to read:
SB156,10,1814 301.12 (14) (c) (intro.) Upon request by a parent, the court may modify the
15amount of child support payments determined under par. (b), subject to par. (cm), if,
16after considering the following factors, the court finds by the greater weight of the
17credible evidence that the use of the percentage standard method of calculating child
18support under s. 767.251
is unfair to the child or to either of the parents:
SB156, s. 14 19Section 14. 301.12 (14) (d) of the statutes is amended to read:
SB156,11,220 301.12 (14) (d) If the court finds under par. (c) that use of the percentage
21standard
method of calculating child support under s. 767.251 is unfair to the minor
22child or either of the parents, the court shall state in writing or on the record the
23amount of support that would be required by using the percentage standard method
24under s. 767.251
, the amount by which the court's order deviates from that amount,
25the court's reasons for finding that use of the percentage standard method under s.

1767.251
is unfair to the child or the parent, the court's reasons for the amount of the
2modification, and the basis for the modification.
SB156, s. 15 3Section 15. 301.12 (14) (g) of the statutes is amended to read:
SB156,11,114 301.12 (14) (g) For purposes of determining child support under par. (b), the
5department shall promulgate rules related to the application of the standard
6established by the department of workforce development under s. 49.22 (9)
method
7under s. 767.251
to a child support obligation for the care and maintenance of a child
8who is placed by a court order under s. 938.183, 938.355, or 938.357 in a residential,
9nonmedical facility. The rules shall take into account the needs of any person,
10including dependent children other than the child, whom either parent is legally
11obligated to support.
SB156, s. 16 12Section 16. 767.085 (2) (b) of the statutes is amended to read:
SB156,11,1713 767.085 (2) (b) The clerk of court shall provide without charge, to each person
14filing a petition requesting child support, a document setting forth the percentage
15standard established by the department under s. 49.22 (9)
method of calculating
16child support under s. 767.251
and listing the factors which that a court may consider
17under s. 767.25 (1m).
SB156, s. 17 18Section 17. 767.085 (2m) (a) 2. of the statutes is amended to read:
SB156,11,2219 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without
20charge by the clerk of court, setting forth the percentage standard established by the
21department under s. 49.22 (9)
method of calculating child support under s. 767.251
22and listing the factors which that a court may consider under s. 767.25 (1m).
SB156, s. 18 23Section 18. 767.085 (2m) (b) of the statutes is amended to read:
SB156,12,224 767.085 (2m) (b) If service is by publication, notification regarding s. 948.31
25may consist of references to the statute numbers and titles, and information relating

1to the percentage standard method of calculating child support and the factors need
2not be provided.
SB156, s. 19 3Section 19. 767.23 (1n) of the statutes is amended to read:
SB156,12,164 767.23 (1n) Before making any temporary order under sub. (1), the court or
5circuit court commissioner shall consider those factors that the court is required by
6this chapter to consider before entering a final judgment on the same subject matter.
7In making a determination under sub. (1) (a) or (am), the court or circuit court
8commissioner shall consider the factors under s. 767.24 (5). If the court or circuit
9court commissioner makes a temporary child support order that deviates from the
10amount of support that would be required by using the percentage standard
11established by the department under s. 49.22 (9)
method of calculating child support
12under s. 767.251
, the court or circuit court commissioner shall comply with the
13requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon
14the written stipulation of the parties, subject to the approval of the court or circuit
15court commissioner. Temporary orders made by a circuit court commissioner may be
16reviewed by the court.
SB156, s. 20 17Section 20. 767.25 (1j) of the statutes is amended to read:
SB156,12,2018 767.25 (1j) Except as provided in sub. (1m), the court shall determine child
19support payments by using the percentage standard established by the department
20under s. 49.22 (9)
method under s. 767.251.
SB156, s. 21 21Section 21. 767.25 (1m) (intro.) of the statutes is amended to read:
SB156,13,222 767.25 (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:
SB156, s. 22 3Section 22. 767.25 (1n) of the statutes is amended to read:
SB156,13,114 767.25 (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.
SB156, s. 23 12Section 23. 767.25 (4c) of the statutes is created to read:
SB156,13,1813 767.25 (4c) (a) In an action in which the court orders a parent to pay child
14support, the court shall assign responsibility for payment of reasonable child care
15expenses that are necessary to allow a parent to work or attend school. Each parent
16shall be required to contribute to child care expenses in the same proportion as his
17or her gross monthly income determined under s. 767.251 (1) bears to the combined
18gross monthly income of the 2 parents.
SB156,13,2519 (b) In an action in which the court calculates child support payments under s.
20767.251 (4) (b), the court shall order each parent to pay the child's day-to-day
21expenses during the time that the parent has physical placement with the child, and
22shall order the parents to share the reasonable variable expenses of the child, such
23as tuition, activity fees, and the cost of school books and clothing, in the same
24proportion as the court determines each parent has physical placement with the
25child under s. 767.251 (2).
SB156, s. 24
1Section 24. 767.25 (4m) (b) of the statutes is amended to read:
SB156,14,232 767.25 (4m) (b) In addition to ordering child support for a child under sub. (1),
3the court shall specifically assign responsibility for and direct the manner of
4payment of the child's health care expenses, including health insurance premiums,
5cost sharing under any health insurance policy or plan, and health care expenses not
6covered by insurance. Each parent shall be required to contribute to the child's
7health care expenses in the same proportion as his or her gross monthly income
8determined under s. 767.251 (1) bears to the combined gross monthly income of the
92 parents
. In assigning responsibility for a child's health care expenses, the court
10shall consider whether a child is covered under a parent's health insurance policy or
11plan at the time the court approves a stipulation for child support under s. 767.10,
12enters a judgment of annulment, divorce, or legal separation, or enters an order or
13a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j), 767.08,
14or 767.62 (3),; the availability of health insurance to each parent through an
15employer or other organization,; the extent of coverage available to a child; and the
16costs to the parent for the coverage of the child. A parent may be required to initiate
17or continue health care insurance coverage for a child under this subsection. If a
18parent is required to do so, he or she shall provide copies of necessary program or
19policy identification to the custodial parent and is liable for any health care costs for
20which he or she receives direct payment from an insurer. This subsection shall not
21be construed to limit the authority of the court to enter or modify support orders
22containing provisions for payment of medical expenses, medical costs, or insurance
23premiums which are in addition to and not inconsistent with this subsection.
SB156, s. 25 24Section 25. 767.251 of the statutes is created to read:
SB156,15,3
1767.251 Calculation of child support payments. (1) Gross income. For
2purposes of determining a parent's gross income under this section, all of the
3following apply:
SB156,15,44 (a) The court shall include as income all of the following:
SB156,15,65 1. Subject to par. (b), all personal income considered gross income for federal
6income tax purposes.
SB156,15,87 2. Net proceeds from worker's compensation or other personal injury awards
8intended to replace income.
SB156,15,99 3. Income continuation benefits.
SB156,15,1110 4. Voluntary deferred compensation or employee contributions to a
11profit-sharing or pension account.
SB156,15,1212 5. Military allowances and veterans benefits.
SB156,15,1413 6. Undistributed income from a closely held corporation if all of the following
14apply:
SB156,15,1515 a. The parent has a majority interest in the corporation.
SB156,15,1716 b. The parent may exercise control over, or access the earnings of, the
17corporation.
SB156,15,1818 7. Tax-exempt interest.
SB156,15,1919 (b) The court shall exclude from income all of the following:
SB156,15,2120 1. Onetime long-term capital gain income from the sale of individual passive
21investments.
SB156,15,2222 2. Onetime capital gain income from the sale of the family home.
SB156,15,2323 (c) The court shall subtract from income all of the following:
SB156,15,2424 1. Any maintenance paid to the other parent or to a former spouse.
SB156,16,2
12. If the parent is self-employed, one-half of the unemployment tax that the
2parent pays.
SB156,16,43 3. Business expenses that are allowed as deductions for expenses for tax
4purposes.
SB156,16,65 4. Business expenses that are not allowed as deductions for expenses for tax
6purposes but that the court considers necessary for the production of income.
SB156,16,97 (d) The court shall include as income wages paid by the parent to a member of
8the parent's household that the court determines were paid for the purpose of
9diverting income to avoid paying child support.
SB156,16,1710 (e) If the court determines that a party has encumbered, concealed, damaged,
11destroyed, transferred, or otherwise disposed of property for the purpose of avoiding
12payment of child support, or that child support based on the gross incomes of the
13parties will not adequately provide for the child and that the parties have
14nonproductive assets, the court may impute income to one or both parents from such
15property or assets by multiplying the value of the property or asset by the current
166-month treasury bill interest rate and including the amount obtained in the gross
17income of the appropriate parent.
SB156,16,2318 (f) If the court determines that a parent is able and available to work, that
19employment opportunities exist in the parent's community for which the parent is
20qualified, and that the parent is not working at least 40 hours per week, the court
21shall impute to the parent a gross income based on a 40-hour work week, the parent's
22educational attainment and work experience, and the type of employment
23opportunities in the parent's community for which the parent is qualified.
SB156,17,6 24(2) Amount of physical placement. (a) For the purpose of determining child
25support payments under sub. (4), the court shall determine the amount of

1court-ordered physical placement that a parent has on the basis of the number of
2overnights or equivalent overnights that the parent provides care for the child. The
3court may consider as an equivalent overnight a period of time during which a parent
4cares for a child that is not overnight but which requires the parent to assume
5support costs that are substantially equivalent to what the parent would spend to
6care for the child overnight.
SB156,17,127 (b) After making any adjustments necessary to ensure that the total number
8of overnights or equivalent overnights in a year that the parents have physical
9placement with the child equals 365, the court shall determine the number and
10percentage of the 365 overnights or equivalent overnights in a year that each parent
11has physical placement with the child, and shall make any adjustments necessary
12to ensure that the total of those percentages equals 100%.
SB156,17,15 13(3) Gross monthly child support obligations. For the purpose of determining
14child support payments under sub. (4), the court shall determine the gross monthly
15child support obligation of each parent as follows:
SB156,17,1816 (a) If the combined gross monthly income of the 2 parents is equal to or less than
17$4,000, the gross monthly child support obligation of each parent equals the
18following percentage of that parent's gross monthly income:
SB156,17,1919 1. If there is one minor child, 17%.
SB156,17,2020 2. If there are 2 minor children, 25%.
SB156,17,2121 3. If there are 3 minor children, 29%.
SB156,17,2222 4. If there are 4 minor children, 31%.
SB156,17,2323 5. If there are 5 or more minor children, 34%.
SB156,18,3
1(b) If the combined gross monthly income of the 2 parents is greater than $4,000
2but not greater than $20,000, the gross monthly child support obligation of each
3parent is calculated as follows:
SB156,18,54 1. The combined gross monthly child support obligation of the 2 parents equals
5the following amount:
SB156,18,76 a. If there is one minor child, $680 plus 8.5% of the combined gross monthly
7income of the 2 parents in excess of $4,000.
SB156,18,98 b. If there are 2 minor children, $1,000 plus 12.5% of the combined gross
9monthly income of the 2 parents in excess of $4,000.
SB156,18,1110 c. If there are 3 minor children, $1,160 plus 14.5% of the combined gross
11monthly income of the 2 parents in excess of $4,000.
SB156,18,1312 d. If there are 4 minor children, $1,240 plus 15.5% of the combined gross
13monthly income of the 2 parents in excess of $4,000.
SB156,18,1514 e. If there are 5 or more minor children, $1,360 plus 17% of the combined gross
15monthly income of the 2 parents in excess of $4,000.
SB156,18,1816 2. The gross monthly child support obligation of each parent equals that
17parent's percentage of the combined gross income of the 2 parents multiplied by the
18applicable combined gross monthly child support obligation amount under subd. 1.
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