Amendment AA1-SB422

LRBa5116/1

PJK:kmg&mkd:dw

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 1, To 1995 SENATE BILL 422

May 1, 1996 - Offered by Representative Ainsworth.

SB422-AA1,1,1 At the locations indicated, amend the bill as follows:

SB422-AA1,1,4 1. Page 1, line 8: before "considering" insert: "calculating child support on the basis of both parents' incomes and, in certain situations, the amount of time spent with the child,".

SB422-AA1,1,6 2. Page 1, line 9: delete "child support percentage standard" and substitute "statutory method of calculating child support".

SB422-AA1,1,7 3. Page 6, line 6: before that line insert:

SB422-AA1,1,8 " Section 3m. 46.25 (9) (a) of the statutes is amended to read:

SB422-AA1,1,14 46.25 (9) (a) 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.".

SB422-AA1,1,15 4. Page 7, line 4: before that line insert:

SB422-AA1,2,1 " Section 7c. 767.085 (2) (b) of the statutes is amended to read:

SB422-AA1,2,6 767.085 (2) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department of health and social services under s. 46.25 (9) (a) and the method of calculating child support under s. 767.25 (1j) and listing the factors which that a court may consider under s. 767.25 (1m).

SB422-AA1, s. 7f Section 7f. 767.085 (2m) (a) 2. of the statutes is amended to read:

SB422-AA1,2,12 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 (9) (a) and the method of calculating child support under s. 767.25 (1j) and listing the factors which that a court may consider under s. 767.25 (1m).

SB422-AA1, s. 7m Section 7m. 767.085 (2m) (b) of the statutes is amended to read:

SB422-AA1,2,17 767.085 (2m) (b) If service is by publication, notification regarding s. 948.31 may consist of references to the statute numbers and titles, and information relating to the percentage standard, the method of calculating child support and the factors need not be provided.".

SB422-AA1,2,18 5. Page7, line 7: before that line insert:

SB422-AA1,2,19 " Section 8c. 767.23 (1n) of the statutes is amended to read:

SB422-AA1,3,7 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which that the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department of health and social services under s. 46.25 (9) method of calculating child support under s. 767.25 (1j), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n) or 767.51 (5d), whichever is appropriate. A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

SB422-AA1, s. 8f Section 8f. 767.25 (1) (a) of the statutes is amended to read:

SB422-AA1,3,13 767.25 (1) (a) Order Except as provided in sub. (1j) (b) 3., order either or both parents to pay an amount reasonable or necessary to fulfill a duty to support a child. The support amount may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

SB422-AA1, s. 8j Section 8j. 767.25 (1j) of the statutes is renumbered 767.25 (1j) (a) and amended to read:

SB422-AA1,3,19 767.25 (1j) (a) Except as provided in sub. (1m), if the court denies periods of physical placement to one parent, the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

SB422-AA1, s. 8m Section 8m. 767.25 (1j) (b) of the statutes is created to read:

SB422-AA1,3,24 767.25 (1j) (b) Except as provided in sub. (1m), if the court grants periods of physical placement to both parents but one parent has physical placement of the child for less than 15% of the time, the court shall determine child support payments in the following manner:

SB422-AA1,4,3 1. The gross child support obligation of each parent shall be calculated by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

SB422-AA1,4,7 2. If the parent with the greater gross child support obligation under subd. 1. has physical placement of the child for less than 15% of the time, that parent shall pay as child support to the parent with the smaller gross child support obligation under subd. 1., the difference between those gross child support obligations.

SB422-AA1,4,10 3. If the parent with the smaller gross child support obligation under subd. 1. has physical placement of the child for less than 15% of the time, neither parent shall be ordered to pay child support to the other parent.

SB422-AA1, s. 8p Section 8p. 767.25 (1j) (c) of the statutes is created to read:

SB422-AA1,4,15 767.25 (1j) (c) Except as provided in sub. (1m), if the court grants periods of physical placement to both parents and each parent has physical placement of the child for at least 15% of the time, the court shall determine child support payments in the following manner:

SB422-AA1,4,18 1. The gross child support obligation of each parent shall be calculated by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

SB422-AA1,4,21 2. Each parent's gross child support obligation calculated under subd. 1. shall be multiplied by that parent's percentage of time spent with the child or children, based on the periods of physical placement granted to the parent.

SB422-AA1,4,24 3. The net child support obligation of each parent shall be calculated by subtracting the product determined under subd. 2. for the parent from the gross child support obligation of that parent calculated under subd. 1.

SB422-AA1,5,3 4. The parent with the greater net child support obligation under subd. 3. shall pay as child support, to the parent with the smaller net child support obligation under subd. 3., the difference between those net child support obligations.".

SB422-AA1,5,4 6. Page 8, line 5: before that line insert:

SB422-AA1,5,5 " Section 13m. 767.25 (1m) (ej) of the statutes is repealed.".

SB422-AA1,5,7 7. Page 8, line 9: strike through "percentage standard" and insert thereafter "method of calculating child support under sub. (1j)".

SB422-AA1,5,8 8. Page 12, line 20: before that line insert:

SB422-AA1,5,9 " Section 18c. 767.32 (1) (b) 4. of the statutes is amended to read:

SB422-AA1,5,17 767.32 (1) (b) 4. A If the judgment or order was entered under s. 48.355 (2) (b) 4., 48.357 (5m) or 48.363 (2), a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department of health and social services under s. 46.25 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

SB422-AA1, s. 18f Section 18f. 767.32 (1) (b) 5. of the statutes is created to read:

SB422-AA1,6,2 767.32 (1) (b) 5. If the judgment or order was entered under this chapter or s. 948.22 (7), a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the method of calculating child support under s. 767.25 (1j) if the court did not use that method in determining the child support payments and did not provide the information required under s. 767.25 (1n) or 767.51 (5d), whichever is appropriate.

SB422-AA1, s. 18j Section 18j. 767.32 (2) of the statutes is amended to read:

SB422-AA1,6,7 767.32 (2) Except as provided in sub. (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department of health and social services under s. 46.25 (9) method of calculating child support under s. 767.25 (1j).

SB422-AA1, s. 18m Section 18m. 767.32 (2m) of the statutes is amended to read:

SB422-AA1,6,14 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m) or 767.51 (5), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard method of calculating child support under s. 767.25 (1j) is unfair to the child or to any of the parties.".

SB422-AA1,6,15 9. Page 13, line 4: before that line insert:

SB422-AA1,6,16 " Section 19m. 767.45 (7) of the statutes is amended to read:

SB422-AA1,6,22 767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department of health and social services under s. 46.25 (9) (a) and the method of calculating child support under s. 767.25 (1j) and listing the factors which that a court may consider under s. 767.51 (5).