State of Wisconsin
Department of Children and Families
DCF 150
Child Support Percentage of Income Standard
The Wisconsin Department of Children and Families proposes to repeal s. DCF 150.05 (1) (a) (note); to amend ss. DCF 150.02 (10) and (13) 7. and 8., 150.03 (3) and (5), 150.04 (1) (a) and (b) (8), (2) (a) 1. and (b) 5. and 6., and (5) (a) and (e), 150.05 (1) (a), (b) 2. and 3., and (d) 2., and (2) (a); and to create ss. DCF 150.03 (5) (b) and (Note), 150.03 (5m) and (Note), 150.04 (2) (b) 7. and (Note), (5) (e) and (Note) and (f), and (6) (c) and (Note), 150.05 (1) (g) and (Note), and DCF 150 Appendix E, relating to the child support percentage of income standard. Analysis Prepared by the Department of Children and Families
Statutory authority: Section 49.22 (9), Stats. Statutes interpreted: Sections 49.22 (9) (a), 767.225, 767.34. 767.501, 767.511, 767.513, 767.59 (4) and 767.89 (3), Stats Explanation of Agency Authority
The Wisconsin Department of Children and Families is responsible for administering the Child Support Program in Wisconsin under s. 59.53 (5), Stats. Section 49.22 (9), Stats., provides that “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.” Summary of the Proposed Rule
Income and Benefits
The proposed rule removes the word “voluntary” from the reference to employee contributions to any pension or retirement account in the definition of gross income in s. DCF 150.02 (13). The proposed rule clarifies that a payer may only receive credit for Social Security Disability or Old Age Insurance derivative benefits for a child in a primary placement case if the benefits are being received by the custodial parent. Additionally, in shared placement cases, the proposed rule provides that the child’s benefit is based on the parent’s percentage of shared care-taking responsibility.
The proposed rule applies the same methodology recommended for Social Security Disability or Old Age Insurance derivative benefits to the calculation of child support in cases where the parents are receiving adoption assistance.
The proposed rule clarifies that veteran’s disability benefits are to be considered income available for child support.
Low-Income Cases
The proposed rule retains the current formula for low-income payers at s. DCF 150.04 (4) but modifies the language for imputing income based on earning capacity in s. DCF 150.03 (3) to provide for the court’s consideration of a range of 10-35 hours per week based on the availability of work in the parent’s community for similarly situated individuals. The proposed rule provides that the low-income formula may be combined with the shared, serial, and split placement formulas.
The proposed rule adds language suggesting job search or a work experience program, such as Children First, as an alternative to imputing income in low-income cases.
The proposed rule clarifies that the amounts in the low income and birth costs charts apply to incomes at or above 75% of the federal poverty level. The proposed rule permits the court to exercise its discretion in setting support for payers with incomes below 75% of the federal poverty guidelines.
Serial-Family Cases
The proposed rule retains the current serial family formula in s. DCF 150.04 (1) with a clarification that serial family parents may be eligible for application of the low-income formula if multiple child support obligations put their income below the low income threshold. The proposed rule clarifies the serial family formula as follows:
• A parent subject to an existing child support order is a serial family payer for the purpose of calculating a support obligation for children from a subsequent family under the provisions of this section and s. DCF 150.04 (2). • A parent with a legal obligation to support a child in an intact family is a serial family payer for the purpose of calculating a support obligation for children from a subsequent family under the provisions of this section and s. DCF 150.04 (2). • A parent subject to a shared placement order is a serial family payer for the purpose of calculating a support obligation for children from a subsequent family under the provisions of this section and s. DCF 150.04 (2). Shared-Placement Cases
The proposed rule requires that variable costs shared by the parties be determined based on a list of variable costs agreed to by the parties or ordered by the court based upon lists furnished by the parties. The proposed rule requires that transportation costs related to the exercise of physical placement be included in that list.
The proposed rule requires that a change in circumstances to modify a child support order should be a change in the circumstances of the parties and not a change in variable costs alone.
The proposed rule retains the current formula for calculating support in shared-placement cases in s. DCF 150.04 (2) using overnights or their equivalent as a measure of shared time but provides more examples of equivalent care that include a pattern of time spent with the children that involves blocks of time that may be less than overnight. Consideration of equivalent care requires that the time spent with the children include a requirement that a meal be provided. The proposed rule repeals the provision allowing variable cost orders to be rolled into the child support amount.
The proposed rule provides that the shared-placement formula may be combined with the low income formula where applicable.
