“The department shall promulgate rules that provide a standard for courts to use in determining a child support obligation based upon a percentage of the gross income and assets of either or both parents. The rules shall provide for consideration of the income of each parent and the amount of physical placement with each parent in determining a child support obligation in cases in which a child has substantial periods of physical placement with each parent.”
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule.
100 hours.
5. List with description of all entities that may be affected by the proposed rule.
The proposed rule revisions described in this scope statement apply to temporary and final orders for child support or family support of a marital or nonmarital child in any action affecting the family under Chapter 767 of the Wisconsin Statutes, including stipulated child support settlements under Wis. Stat. §767.34.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
Wisconsin’s Percentage of Income Standard was created to comply with federal requirements in 45 CFR 302.56(a) which require that as a condition of approval of its State plan, the State shall establish one set of guidelines by law or by judicial or administrative action for setting and modifying child support award amounts within the State.
45 CFR 302.56 (e) also requires states to review, and revise, if appropriate, the guidelines established under paragraph (a) of this section at least once every four years to ensure that their application results in the determination of appropriate child support award amounts.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small business):
Minimal impact; no impact on small business.
Contact Person:
Name: Kris Randal
Title: Administrator, Division of Family and Economic Security
Organization: Department of Children and Families
Phone: (608) 422-6187
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.