(o) The location of the parent’s residence.
(p) The parent’s receipt of Wisconsin Works cash assistance under s. 49.148, Stats. (q) The parent’s receipt of Supplemental Security Income under 42 USC 1381 to 1383f. (r) Any other factor that the court determines is relevant.
SECTION 8. DCF 150.03 (3m) is created to read:
DCF 150.03 (3m) Income imputed when no information is known. If a parent’s income is unknown and evidence is presented that due diligence has been exercised to ascertain information on the parent’s actual income or ability to earn and that information is unknown, the court may impute the income to the parent that an individual would earn by working 10 to 35 hours per week for the higher of the federal minimum hourly wage under 29 USC 206 (a) (1) or the state minimum hourly wage under s. 104.035 (1) (a), Stats. SECTION 9. DCF 150.035 (1) (a) is repealed and recreated to read:
DCF 150.035 (1) (a) Applicability. The shared-placement formula may be applied when all of the following conditions are met:
1. Both parents have court-ordered periods of placement of at least 25 percent or 92 days per year based on the number of overnights or equivalent care under par. (ar) provided by each parent.
2. Each parent is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement of the child.
SECTION 10. DCF 150.035 (1) (ag), (ar), and (b) (title) are created to read:
DCF 150.035 (1) (ag) Periods of placement and total number of overnights. 1. A parent’s period of placement shall be determined by calculating the number of overnights or equivalent care under par. (ar) ordered to be provided by the parent and dividing that number by the total number of overnights in a year.
2. When a parent is providing court-ordered equivalent care of the child under par. (ar), the total number of overnights in a year may exceed 365.
3. The combined periods of court-ordered placement for both parents shall equal the total number of overnights.
(ar) Equivalent care. 1. ‘General.’ A parent’s court-ordered period of placement may include periods when the parent is caring for the child that is not overnight, but is determined by the court to require the parent to assume basic support costs that are substantially equivalent to what the parent would spend to care for the child overnight, subject to subd. 2.
Note: For example, a parent working 3rd shift who is generally unable to provide overnight care may be eligible to receive credit for equivalent care provided during the day.
2. ‘No duplicate credit.’ A parent may not receive credit for equivalent care of the child during a period that is within 24 hours of a period for which the parent receives credit for overnight care of the child, unless the other parent is providing overnight care the night before and night after the period when the equivalent care is provided.
Note: The exception clarifies that Parent A may be eligible for equivalent care credit for care provided on Monday morning after providing overnight care on Saturday night if Parent B is providing overnight care on Sunday and Monday nights.
3. ‘Calculation of equivalent care.’ A block of time during which the parent cares for the child for at least 6 hours may be considered the equivalent of a half-day if the parent provides a meal during this period. Two half-day blocks may be considered equivalent to what the parent would spend to care for the child overnight.
(b) (title) Determination.
SECTION 11. DCF 150.035 (1) (Note) is amended to read:
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%.
1. Monthly income available for child support | $2,000 | $3,000 |
2. Monthly income available for child support X percentage standard for two children | $2,000 X 25% = $500 | $3,000 X 25% = $750 |
3. Amount in 2. X 150% | $500 X 150% = $750 | $750 X 150% = $1125 |
4. Amount in 3. X the proportion of time that the child spends with the other parent | $750 X 40% = $300 | $1125 X 60% = $675 |
5. Offset | $675 - $300 = $375 | |
6. Court also assigns responsibility for payment of the child’s variable costs. | Manner of payment is between the parents or from a parent to a third-party service provider. |
Example of equivalent care:
Number of children: Two
Parent A: $2,000 monthly income available for child support
Parent A has court-ordered placement of the child 271 days a year or 74%.
Parent B: $3,000 monthly income available for child support
Parent B has court-ordered placement of the child 94 days a year or 26%.
Parent B also provides day care 4 days a week from 3 pm – 9 pm and
Provides dinner to the children 46 weeks per year.
(4) 6 hour blocks per week = 2 overnights X 46 weeks= 92 overnights per year
Total number of overnights = 457 (271 + 94 + 92)
Parent A = 59%
Parent B = 41%
Time with Parent A = 59% (271/457 = .59)
Time with Parent B = 41% (94 =92/457 = .407) (94 +92)/457=.407
1. Monthly income available for child support | $2,000 | $3,000 |
2. Monthly income available for child support X percentage standard for two children | $2,000 X 25% = $500 | $3,000 X 25% = $750 |
3. Amount in 2. X 150% | $500 X 150% = $750 | $750 X 150% = $1125 |
4. Amount in 3. X the proportion of time that the child spends with the other parent | $750 X 41% = $307.50 | $1125 X 59% = $663.75 |
5. Offset | $663.75 - $307.50 = $367.50 |
6. Court also assigns responsibility for payment of the child’s variable costs. | Manner of payment is between the parents or from a parent to a third-party service provider. |
SECTION 12. DCF 150.04 (1) (b) 3. a. and (4) (a) are amended to read:
DCF 150.04 (1) (b) 3. a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.035 (1), the support for that obligation is the higher of the monthly amount of that the existing order or the monthly support amount that would currently be determined under this chapter. (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 the payer’s ability to pay support at the level determined under s. DCF 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. SECTION 13. Effective date. This rule shall take effect the first day of the month following publication in the Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
