Wisconsin Legislature: 35,41

DCF 150.035 (title) Determining the child support obligation.

(2) Determining the child support obligation of nonshared placement parents. If the conditions under sub. (1) (a) are not met, the child support obligation is one of the following percentages of the parent's monthly income available for child support or adjusted monthly income available for child support, except as provided under s. DCF 150.04 (4) or (5):

35,31 Section 31 . DCF 150.04 (1) (b) 1. and 3. a. and b. of the administrative code are amended to read:

DCF 150.04 (1) (b) 1. Determine the parent's monthly income available for child support under s. DCF 150.03 (1) (intro.).

3. a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.04 (2) 150.035 (1), the support for that obligation is the monthly amount of that order.

b. If the parent is in an intact family or is subject to a shared-placement order under s. DCF 150.04 (2) 150.035 (1), the support is determined by multiplying the appropriate designated percentage under s. DCF 150.03 (1) for that number of children by the parent's monthly income available for child support or, if applicable, determine support under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1).

35,32 Section 32 . DCF 150.04 (1) (b) 5. a. and b. of the administrative code are amended to read:

DCF 150.04 (1) (b) 5. a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.04 (2) 150.035 (1), the support for that obligation is the monthly amount of that order.

35,33 Section 33 . DCF 150.04 (1) (b) 8. of the administrative code is amended to read:

DCF 150.04 (1) (b) 8. Multiply the appropriate designated percentage under s. DCF 150.03 (1) for the number of children subject to the new order by the final adjusted monthly income available for child support determined in either subd. 6. or 7. to determine the new child support obligation or if applicable, determine the new child support obligation under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1). If multiple child support obligations reduce a serial-family parent's income to a level set forth in the schedule in ch. DCF 150 Appendix C, the court may combine the provisions of this subsection with the provisions for determining the support obligation of a low-income payer under s. DCF 150.04 (4).

35,34 Section 34 . DCF 150.04 (2) of the administrative code is renumbered DCF 150.035 (1), and DCF 150.035 (1) (b) 1., 2. and 5., as renumbered, are amended to read:

DCF 150.035 (1) (b) 1. Determine each parent's monthly income available for child support under s. DCF 150.03 (1). In determining whether to impute income based on earning capacity for an unemployed parent or a parent employed less than full time under s. DCF 150.03 (3), the court shall consider benefits to the child of having a parent remain in the home during periods of placement and the additional variable day care costs that would be incurred if the parent worked more. If a parent has one or more previous child support obligations, determine the parent's monthly income available for child support adjusted for the previous obligations as provided in sub. s. DCF 150.04 (1).

2. Multiply each parent's monthly income available for child support by the appropriate designated percentage standard under s. DCF 150.03 (1).

5. Offset resulting amounts under subd. 4. against each other. The parent with a greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined under this subd. subdivision or the amount determined using the appropriate designated percentage standard under s. DCF 150.03 (1). If the shared-placement payer is also a low-income or high-income payer, the court may combine the provisions of either sub. s. DCF 150.04 (4) or (5) with the provisions of this section.

35,35 Section 35 . DCF 150.04 (3) (b) of the administrative code is amended to read:

DCF 150.04 (3) (b) Multiply the amount determined in par. (a) by the pro rata percentage standard for the number of children in split placement who are placed with the other parent. The pro rata percentage standard for the number of children in split placement who are placed with the other parent is calculated by determining the appropriate designated percentage standard under s. DCF 150.03 (1) for the total number of children, dividing by the total number of children, and adding together the percentages for the children in split-placement who are placed with the other parent.

35,36 Section 36 . DCF 150.04 (4) (a) of the administrative code is amended to read:

DCF 150.04 (4) (a) The court may use the monthly support amount provided in the schedule in Appendix C as the support amount for a payer with a monthly income available for child support at a level set forth in the schedule if the payer's total economic circumstances limit his or her ability to pay support at the level determined under s. DCF 150.03 (1) 150.035. If a payer's monthly income available for child support is below the lowest income level in Appendix C, the court may set an order at an amount appropriate for the payer's total economic circumstances. This amount may be lower than the lowest support amount in Appendix C.

35,37 Section 37 . DCF 150.04 (5) (b) of the administrative code is amended to read:

DCF 150.04 (5) (b) The court shall apply the percentages in s. DCF 150.03 (1) 150.035 (2) to a payer's monthly income available for child support that is less than $7,000.

35,38 Section 38 . DCF 150.04 (6) (b) 1. and 4. of the administrative code are amended to read:

DCF 150.04 (6) (b) 1. Determine the pro rata percentage standard for the total number of children for whom support is being established. The pro rata percentage standard for the total number of children for whom support is being established is calculated by determining the appropriate designated percentage standard under s. DCF 150.03 (1) for the total number of children and dividing by the total number of children.

4. Add or offset the child support obligation for children placed with the other parent full-time under subd. 2. with the child support obligation for children in shared-placement under subd. 3. e. The parent with a greater child support obligation is the payer. The payer shall pay the lesser of the amount determined under this subdivision or the amount determined using the appropriate designated percentage standard under s. DCF 150.03 (1). If the payer under this subdivision is also a low-income payer, the child support obligation may be the lesser of the amount determined under this subdivision or under sub. (4).

35,39 Section 39 . DCF 150.04 (6) (c) 1. b. and 3. of the administrative code are amended to read:

DCF 150.04 (6) (c) 1. b. If no court-ordered support obligation exists, multiplying the appropriate designated percentage under DCF 150.03 (1) by the parent's monthly income available for child support.

3. Multiply the appropriate designated percentage under s. DCF 150.03 (1) for the number of children subject to the new order by the final adjusted monthly income available for child support determined under subd. 2. to determine the new child support obligation.

35,40 Section 40. Initial applicability.

(1) The treatment of ss. 565.30 (5m) (a), 767.225 (1) (e), 767.34 (1), 767.35 (1) (c), 767.511 (6m), 767.531 (intro.), 767.54, 767.553 (1) (a), 767.59 (1), 767.61 (3) (i), 767.71 (1) (a), 767.73 (1) (a), 767.75 (1) (b), 767.77 (1), and 767.78 (1) and, notwithstanding Section 41 (1) of this act, s. DCF 150.03 (7), Wis. Admin. Code (as it applies to the reference to s. 767.531) first apply to orders entered on the effective date of this subsection.

35,41 Section 41. Effective dates. This act takes effect on the day after publication, except as follows:

(1) The treatment of administrative rules takes effect on the first day of the 7th month beginning after publication.