Two Children x 25% = $500 x 25% = $625
Amount x 150% $500 $625
x 150% = $750 x 150% = $937.50
Amount x Proportion
Of Time Spent With $750 $937.50
Other Parent x 60% = $450 x 40% = $375
Child’s Benefit x Proportion
Of Time Spent With
Parent Not receiving the $1,000
Child’s benefit x 40% = $400
Add Last Two $375
Amounts +$400 = $775
Offset $775-$450 = $325 (Parent B)
SECTION 6. DCF 150.03 (5m) and (Note) are created to read:
DCF 150.03 (5m) adjustment for adoption assistance. The court may consider adoption assistance received by either parent under s. 48.975 (3) (a), Stats. If the shared placement guidelines under s. DCF 150.04 (2) apply, the adoption assistance should be split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the adoption assistance that represents the proportion of time the child spends with the parent not receiving the adoption assistance to the support obligation of the parent who is receiving the adoption assistance. Support shall be determined as follows: (a) Determine each parent’s monthly income available for child support under s. DCF 150.03 (1) (intro.). 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 s. DCF 150.04 (1). Do not include the adoption assistance under s. 48.975 (3) (a), Stats., in either parent’s income. (b) Multiply each parent’s monthly income available for child support by the appropriate percentage standard under s. DCF 150.03 (1). (c) Multiply each amount determined under par. (b) by 150%.
(d) Multiply the amount determined for each parent in par. (c) by the proportion of time that the child spends with the other parent.
(e) Multiply the amount of the adoption assistance by the proportion of the time the child spends with the parent who is not receiving the child’s benefit.
(f) Add the amount in par. (e) to the child support obligation calculated in par. (d) for the parent who is receiving the adoption assistance.
(g) Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined in this subsection or the amount determined using the appropriate percentage standard under s. DCF 150.03 (1). Note: Section 46.10 (14) (cm) 1., Stats., caps the amount that adoptive parent/s may be ordered to pay for child support to the amount of the adoption assistance. SECTION 7. DCF 150.04 (1) (a) and (b) 8. are amended to read:
DCF 150.04 (1) (a) Applicability. This subsection applies only if the additional child support obligation incurred by a parent is a result of a court order and the support obligation being calculated is for children from a subsequent family or subsequent paternity judgment or acknowledgment. A parent may not use the provisions of this subsection as a basis for seeking modification of an existing order based on a subsequently incurred legal obligation for child support. 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 subsection and s. DCF 150.04 (6) (c).
(b) 8. Multiply the appropriate 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). If multiple child support obligations reduce a serial-family parent’s income to a level set forth in the schedule in 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). SECTION 8. DCF 150.04 (2) (a) 1. is amended to read:
DCF 150.04 (2) (a) 1. Both parents have court-ordered periods of placement of at least 25% or 92 days a year. When calculating periods of placement based on “equivalent care” under s. DCF 150.02 (10), the total number of overnights may exceed 365. The period of placement for each parent shall be determined by calculating the number of overnights or equivalent care ordered to be provided by the parent and dividing that number by 365 the total number of overnights in a year. The combined periods of placement for both parents shall equal the total number of overnights. SECTION 9. DCF 150.04 (2) (b) 5. and 6. are amended to read:
DCF 150.04 (2) (b) 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. or the amount determined using the appropriate percentage standard under s. DCF 150.03 (1). If the shared-placement payer is also a low-income or high-income payer, the child support obligation may be the lesser of the amount determined under this subd. or under sub. (4) the court may combine the provisions of either sub. (4) or (5) with the provisions of this section. 6. In addition to the child support obligation determined under subd. 5., the court shall assign responsibility for payment of the child’s variable costs in proportion to each parent’s share of physical placement, with due consideration to a disparity in the parents’ incomes and based upon a detailed list of the variable costs provided by the parties. Due consideration shall be given to a disparity in the parents’ income and the transportation costs associated with each parent’s respective periods of physical placement. The court shall direct the manner of payment of a variable cost order to be either between the parents or from a parent to a third-party service provider. The court shall not direct payment of variable costs to be made to the department or the department’s designee., except as incorporated in the fixed sum or percentage expressed child support order.
SECTION 10. DCF 150.04 (2) (b) 7. is created to read:
DCF 150.04 (2) (b) 7. A change in the child’s variable costs shall not in and of itself be considered a substantial change in circumstances sufficient to justify a revision of a judgment or order under s. 767.59, Stats. SECTION 11. DCF 150.04 (2) (b) (Note) is amended to read:
DCF 150.04 (2) (b) Note: The following example shows how to calculate the child support obligations of shared-placement parents.
Number of children: Two
Parent A: $2,000 monthly income available for child support
Court-ordered placement of the child for 219 days a year or 60%.
Parent B: $3,000 monthly income available for child support
Court-ordered placement of the child for 146 days a year or 40%.
Parent A Parent B
1. Monthly income $2,000 $3,000
available for child support
2. Monthly income $2,000 X 25% = $500 $3,000 X 25% = $750
available for child support
X percentage standard for
two children
3. Amount in 2. X 150% $500 X 150% = $750 $750 X 150% = $1125
4. Amount in 3. X the $750 X 40% = $300 $1125 X 60% = $675
proportion of time that the
child spends with the other
parent
5. Offset $675 - $300 = $375
6. Court also assigns Manner of payment is between the parents or from
responsibility for payment a parent to a third-party service provider, except as
of the child’s variable incorporated in the fixed sum or percentage
costs. expressed child support order.
Example of equivalent care:
