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.
SB156,18,2119 (c) If the combined gross monthly income of the 2 parents is greater than
20$20,000, the gross monthly child support obligation of each parent is calculated as
21follows:
SB156,18,2322 1. The combined gross monthly child support obligation of the 2 parents equals
23the following amount:
SB156,18,2524 a. If there is one minor child, $2,040 plus 4% of the combined gross monthly
25income of the 2 parents in excess of $20,000.
SB156,19,2
1b. If there are 2 minor children, $3,000 plus 6% of the combined gross monthly
2income of the 2 parents in excess of $20,000.
SB156,19,43 c. If there are 3 minor children, $3,480 plus 7% of the combined gross monthly
4income of the 2 parents in excess of $20,000.
SB156,19,65 d. If there are 4 minor children, $3,720 plus 8% of the combined gross monthly
6income of the 2 parents in excess of $20,000.
SB156,19,87 e. If there are 5 or more minor children, $4,080 plus 9% of the combined gross
8monthly income of the 2 parents in excess of $20,000.
SB156,19,119 2. The gross monthly child support obligation of each parent equals that
10parent's percentage of the combined gross income of the 2 parents multiplied by the
11applicable combined gross monthly child support obligation amount under subd. 1.
SB156,19,1512 (d) Notwithstanding pars. (a), (b), and (c), if a parent is subject to another child
13support order or is otherwise legally obligated to support one or more other children,
14that parent's gross monthly child support obligation is the amount determined for
15that parent under par. (a), (b), or (c), multiplied by the following percentage:
SB156,19,1616 1. If the number of other children the parent is obligated to support is one, 90%.
SB156,19,1717 2. If the number of other children the parent is obligated to support is 2, 85%.
SB156,19,1818 3. If the number of other children the parent is obligated to support is 3, 80%.
SB156,19,2019 4. If the number of other children the parent is obligated to support is 4 or more,
2075%.
SB156,19,22 21(4) Amount of payments. The court shall determine child support payments
22as follows:
SB156,20,323 (a) In primary placement cases. If the court grants periods of physical
24placement to only one parent, or if the court grants periods of physical placement to
25both parents but one parent has physical placement with the child for fewer than 92

1overnights or equivalent overnights in a year, the parent with less or no physical
2placement shall pay to the other parent the gross monthly child support obligation
3determined for that payer parent under sub. (3).
SB156,20,74 (b) In shared placement cases. If the court grants periods of physical placement
5to both parents and each parent has physical placement with the child for at least
692 overnights or equivalent overnights in a year, the court shall determine child
7support payments in the following manner:
SB156,20,118 1. Each parent's gross monthly child support obligation determined under sub.
9(3) shall be multiplied by 1.5 and by the other parent's percentage of physical
10placement determined under sub. (2) (b). The product under this subdivision for each
11parent is that parent's net monthly child support obligation.
SB156,20,1512 2. Except as provided in subd. 3., the parent with the greater net monthly child
13support obligation under subd. 1. shall pay as child support, to the parent with the
14smaller net monthly child support obligation under subd. 1., the difference between
15those net monthly child support obligations.
SB156,20,1916 3. If the amount of child support that a parent is obligated to pay under subd.
172. is greater than his or her gross monthly child support obligation determined under
18sub. (3), that parent shall pay as child support to the other parent the amount of his
19or her gross monthly child support obligation determined under sub. (3).
SB156,20,2220 (c) In 3rd-party placement cases. If a child is placed outside his or her home
21in a residential, nonmedical facility, the child support obligation of each parent shall
22be his or her gross monthly child support obligation, as determined under sub. (3).
SB156,21,423 (d) In split placement cases. If there is more than one child, if the amount of
24physical placement that a parent has with one or more of the children is not the same
25as the amount that the parent has with one or more of the other children, and if the

1court determines that each parent is required to pay child support to the other parent
2under par. (a) or (b) 2. or 3., the court shall require only the parent who is required
3to pay the greater amount to pay child support, and to pay only the difference in the
4amounts, to the other parent.
SB156, s. 26 5Section 26 . 767.295 (2) (c) of the statutes is amended to read:
SB156,21,176 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
7parent to pay child support equal to the amount determined by applying the
8percentage standard established under s. 49.22 (9) method under s. 767.251 to the
9income a person would earn by working 40 hours per week for the federal minimum
10hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that
11the parent was ordered to pay in the most recent determination of support under this
12chapter. The child support obligation ordered under this paragraph continues until
13the parent makes timely payment in full for 3 consecutive months or until the person
14participates in the program under s. 49.36 for 16 weeks, whichever comes first. The
15court shall provide in its order that the parent must make child support payments
16calculated under s. 767.25 (1j) or (1m) or 767.251 after the obligation to make
17payments ordered under this paragraph ceases.
SB156, s. 27 18Section 27. 767.32 (1) (b) 2. of the statutes is amended to read:
SB156,21,2519 767.32 (1) (b) 2. Unless the amount of child support is expressed in the
20judgment or order as a percentage of parental income, the
The expiration of 33
21months after the date of the entry of the last child support order, including a revision
22of a child support order under this section, if the amount of child support under the
23revised order by using the method of calculating child support under s. 767.251 will
24differ from the amount under the last order by at least 20% of the amount under the
25last order or by at least $60 per month
.
SB156, s. 28
1Section 28 . 767.32 (1) (b) 4. of the statutes is amended to read:
SB156,22,102 767.32 (1) (b) 4. A If the action in which the court most recently ordered child
3support, including a revision of a child support order under this section, was
4commenced before the effective date of this subdivision .... [revisor inserts date], a

5difference between the amount of child support ordered by the court to be paid by the
6payer and the amount that the payer would have been required to pay based on the
7percentage standard established by the department under s. 49.22 (9) , 2001 stats.,
8if the court did not use the percentage standard in determining the child support
9payments and did not provide the information required under s. 46.10 (14) (d), 301.12
10(14) (d), or 767.25 (1n), whichever is appropriate.
SB156, s. 29 11Section 29. 767.32 (1) (b) 5. of the statutes is created to read:
SB156,22,2012 767.32 (1) (b) 5. If the action in which the court most recently ordered child
13support, including a revision of a child support order under this section, was
14commenced on or after the effective date of this subdivision .... [revisor inserts date],
15a difference between the amount of child support ordered by the court to be paid by
16the payer and the amount that the payer would have been required to pay based on
17the method of calculating child support under s. 767.251 if the court did not use that
18method in determining the child support payments and did not provide the
19information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), whichever
20is appropriate.
SB156, s. 30 21Section 30. 767.32 (2) of the statutes is amended to read:
SB156,22,2522 767.32 (2) Except as provided in sub. (2m) or (2r), if the court revises a
23judgment or order with respect to child support payments, it shall do so by using the
24percentage standard established by the department under s. 49.22 (9) method under
25s. 767.251
.
SB156, s. 31
1Section 31 . 767.32 (2m) of the statutes is amended to read:
SB156,23,62 767.32 (2m) Upon request by a party, the court may modify the amount of
3revised child support payments determined under sub. (2) if, after considering the
4factors listed in s. 767.25 (1m), the court finds, by the greater weight of the credible
5evidence, that the use of the percentage standard method of calculating child support
6under s. 767.251
is unfair to the child or to any of the parties.
SB156, s. 32 7Section 32. 767.33 (1) (a) of the statutes is amended to read:
SB156,23,148 767.33 (1) (a) An order for child or family support under this chapter may
9provide for an annual adjustment in the amount to be paid based on a change in the
10payer's income if the amount of child or family support is expressed in the order as
11a fixed sum and based on the percentage standard established by the department
12under s. 49.22 (9)
method of calculating child support under s. 767.251. No
13adjustment may be made under this section unless the order provides for the
14adjustment.
SB156, s. 33 15Section 33. 767.33 (1) (b) of the statutes is amended to read:
SB156,23,1916 767.33 (1) (b) An adjustment under this section may not be made more than
17once in a year and shall be determined on the basis of the percentage standard
18established by the department under s. 49.22 (9)
method of calculating child support
19under s. 767.251
.
SB156, s. 34 20Section 34 . 767.45 (7) of the statutes is amended to read:
SB156,23,2521 767.45 (7) The clerk of court shall provide without charge, to each person
22bringing an action under this section, except to the state under sub. (1) (g) or (h), (6),
23(6m), or (6r), a document setting forth the percentage standard established by the
24department under s. 49.22 (9)
method of calculating child support under s. 767.251
25and listing the factors which that a court may consider under s. 767.25 (1m).
SB156, s. 35
1Section 35 . 767.455 (6) of the statutes is amended to read:
SB156,24,62 767.455 (6) Document. The summons served on the respondent shall be
3accompanied by a document, provided without charge by the clerk of court, setting
4forth the percentage standard established by the department under s. 49.22 (9)
5method of calculating child support under s. 767.251 and listing the factors which
6that a court may consider under s. 767.25 (1m).
SB156, s. 36 7Section 36 . 767.477 (2) of the statutes is amended to read:
SB156,24,148 767.477 (2) Before making any temporary order under sub. (1), the court shall
9consider those factors that the court is required to consider when granting a final
10judgment on the same subject matter. If the court makes a temporary child support
11order that deviates from the amount of support that would be required by using the
12percentage standard established by the department under s. 49.22 (9) method of
13calculating child support under s. 767.251
, the court shall comply with the
14requirements of s. 767.25 (1n).
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