LRB-1336/1
PJK:kmg&jlg:jf
1997 - 1998 LEGISLATURE
March 20, 1997 - Introduced by Representatives Ainsworth, Huebsch, Kreuser,
Goetsch, Lazich, Hasenohrl, Musser, Owens, Nass, Lorge, Hahn, Olsen,
Albers, Duff, F. Lasee, Grothman, Gunderson, Harsdorf, Brandemuehl
and
Ott, cosponsored by Senator Zien. Referred to Committee on Children and
Families.
AB193,1,7 1An Act to repeal 767.25 (1m) (ej); to renumber and amend 767.25 (1j); to
2amend
49.22 (9), 767.085 (2) (b), 767.085 (2m) (a) 2., 767.085 (2m) (b), 767.23
3(1n), 767.25 (1m) (intro.), 767.25 (1n), 767.32 (1) (b) 4., 767.32 (2), 767.32 (2m),
4767.45 (7), 767.455 (6), 767.51 (4m), 767.51 (5) (intro.), 767.51 (5d) and 948.22
5(7) (bm); and to create 767.25 (1j) (b) and 767.32 (1) (b) 5. of the statutes;
6relating to: calculating child support, in certain situations, on the basis of both
7parents' incomes and the amount of time spent with the child.
Analysis by the Legislative Reference Bureau
Under current law in an action affecting the family in which child support is
ordered, (most commonly divorce and paternity actions), including actions to revise
child support, the court must determine child support payments by using the
percentage standard originally established by administrative rule by the
department of health and social services and for which the department of industry,
labor and job development now has responsibility. The percentage standard is a
percentage of the payer's gross monthly income. The percentage of income required
to be paid varies with the number of children to be supported. The calculation of child
support does not take into account the level of personal expenses of the payer or,
except in certain situations, the income of the payee or the amount of time that the
payer cares for the child during periods of physical placement ordered by the court.

If the payer has physical placement of the child between 31% and 40% of the time,
the rules provide for a specified reduction in the amount of child support that the
payer would be required to pay by using the percentage standard alone. (For
example, a payer with physical placement of the child for 37% of the time pays
76.69% of the amount that he or she would pay by using the percentage standard
alone.) Also under the rules, if a parent has physical placement of the child between
41% and 59% of the time and the other parent has physical placement the remainder
of the time, the amount of child support that each would pay by using the percentage
standard alone is calculated, reduced by a specified percentage depending upon the
amount of time each parent has physical placement of the child and compared with
the other parent's similarly calculated and reduced amount of child support. (For
example, a parent with physical placement of the child for 46% of the time would be
obligated to pay 46.72% of the amount of child support that he or she would be
obligated to pay by using the percentage standard alone while the other parent with
physical placement for 54% of the time would be obligated to pay 20.08% of the
amount calculated by using the percentage standard alone.) The parent with the
larger calculated and reduced amount must pay the difference as child support to the
other parent. In addition under current law, the court is authorized to modify the
amount of child support that would be ordered by using the percentage standard,
upon the request of a party. The court must find that use of the percentage standard
is unfair to the child or either of the parties after considering a number of factors,
such as the earning capacity of each parent, the desirability that the custodian
remain in the home as a full-time parent and extraordinary travel expenses incurred
in exercising physical placement rights.
This bill changes the method of determining the amount of child support to be
paid in actions affecting the family, including actions to revise child support. Under
the bill, if only one parent is granted periods of physical placement and the other
parent is denied periods of physical placement, or if both parents are granted periods
of physical placement but one parent has physical placement of the child for less than
15% of the time, the child support obligation is determined simply by using the
percentage standard. If, however, both parents are granted periods of physical
placement and each parent has physical placement of the child for at least 15% of the
time, the court computes child support in the following manner:
1. The court first determines the gross child support obligation of each parent
by using the percentage standard. Thus, the parent with the higher income of the
2 would have the higher gross child support obligation.
2. The court next multiplies each parent's gross child support obligation by the
parent's percentage of time spent with the child or children, based on the periods of
physical placement ordered by the court.
3. That product for each parent is then subtracted from the parent's gross child
support obligation to produce the parent's net child support obligation. Thus, the
parent who cares for the child or children the greater amount of time has his or her
gross child support obligation reduced by a larger proportion of that obligation.

4. The parent with the resulting larger net child support obligation pays child
support to the other parent in the amount of the difference between the 2 net child
support obligations.
As under current law, the court may upon request modify the amount of support
that would be determined by using the method of calculating child support that is
outlined in the law, after considering the same factors as under current law and upon
finding that use of the new method is unfair to the child or either of the parties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB193, s. 1 1Section 1. 49.22 (9) of the statutes is amended to read:
AB193,3,72 49.22 (9) The department shall promulgate rules that provide a standard for
3courts to use in determining a child support obligation based upon a percentage of
4the gross income and assets of either or both parents. The rules shall provide for
5consideration of the income of each parent and the amount of physical placement
6with each parent in determining a child support obligation in cases in which a child
7has substantial periods of physical placement with each parent.
AB193, s. 2 8Section 2. 767.085 (2) (b) of the statutes is amended to read:
AB193,3,139 767.085 (2) (b) The clerk of court shall provide without charge, to each person
10filing a petition requesting child support, a document setting forth the percentage
11standard established by the department under s. 49.22 (9) and the method of
12calculating child support under s. 767.25 (1j)
and listing the factors which that a
13court may consider under s. 767.25 (1m).
AB193, s. 3 14Section 3. 767.085 (2m) (a) 2. of the statutes is amended to read:
AB193,4,215 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without
16charge by the clerk of court, setting forth the percentage standard established by the
17department under s. 49.22 (9) and the method of calculating child support under s.

1767.25 (1j)
and listing the factors which that a court may consider under s. 767.25
2(1m).
AB193, s. 4 3Section 4. 767.085 (2m) (b) of the statutes is amended to read:
AB193,4,74 767.085 (2m) (b) If service is by publication, notification regarding s. 948.31
5may consist of references to the statute numbers and titles, and but information
6relating to the percentage standard, the method of calculating child support and the
7factors need not be provided.
AB193, s. 5 8Section 5. 767.23 (1n) of the statutes is amended to read:
AB193,4,209 767.23 (1n) Before making any temporary order under sub. (1), the court or
10family court commissioner shall consider those factors which that the court is
11required by this chapter to consider before entering a final judgment on the same
12subject matter. If the court or family court commissioner makes a temporary child
13support order that deviates from the amount of support that would be required by
14using the percentage standard established by the department under s. 49.22 (9)
15method of calculating child support under s. 767.25 (1j), the court or family court
16commissioner shall comply with the requirements of s. 767.25 (1n) or 767.51 (5d),
17whichever is appropriate
. A temporary order under sub. (1) may be based upon the
18written stipulation of the parties, subject to the approval of the court or the family
19court commissioner. Temporary orders made by the family court commissioner may
20be reviewed by the court as provided in s. 767.13 (6).
AB193, s. 6 21Section 6. 767.25 (1j) of the statutes is renumbered 767.25 (1j) (a) and
22amended to read:
AB193,5,223 767.25 (1j) (a) Except as provided in sub. (1m), if the court denies periods of
24physical placement to one parent or if the court grants periods of physical placement
25to both parents but one parent has physical placement of the child for less than 15%

1of the time,
the court shall determine child support payments by using the
2percentage standard established by the department under s. 49.22 (9).
AB193, s. 7 3Section 7. 767.25 (1j) (b) of the statutes is created to read:
AB193,5,74 767.25 (1j) (b) Except as provided in sub. (1m), if the court grants periods of
5physical placement to both parents and each parent has physical placement of the
6child for at least 15% of the time, the court shall determine child support payments
7in the following manner:
AB193,5,98 1. The gross child support obligation of each parent shall be calculated by using
9the percentage standard established by the department under s. 49.22 (9).
AB193,5,1210 2. Each parent's gross child support obligation calculated under subd. 1. shall
11be multiplied by that parent's percentage of time spent with the child or children,
12based on the periods of physical placement granted to the parent.
AB193,5,1513 3. The net child support obligation of each parent shall be calculated by
14subtracting the product determined under subd. 2. for the parent from the gross child
15support obligation of that parent calculated under subd. 1.
AB193,5,1816 4. The parent with the greater net child support obligation under subd. 3. shall
17pay as child support, to the parent with the smaller net child support obligation
18under subd. 3., the difference between those net child support obligations.
AB193, s. 8 19Section 8. 767.25 (1m) (intro.) of the statutes is amended to read:
AB193,5,2520 767.25 (1m) (intro.) Upon request by a party, the court may modify the amount
21of child support payments determined under sub. (1j) if, after considering the
22following factors, the court finds by the greater weight of the credible evidence that
23use of the percentage standard the amount of child support determined by using the
24method of calculating child support under sub. (1j)
is unfair to the child or to any of
25the parties:
AB193, s. 9
1Section 9. 767.25 (1m) (ej) of the statutes is repealed.
AB193, s. 10 2Section 10. 767.25 (1n) of the statutes is amended to read:
AB193,6,123 767.25 (1n) If the court finds under sub. (1m) that use of the percentage
4standard
the amount of child support determined by using the method of calculating
5child support under sub. (1j)
is unfair to the child or the requesting party, the court
6shall state in writing or on the record the amount of support that would be required
7by using the percentage standard method of calculating child support under sub. (1j),
8the amount by which the court's order deviates from that amount, its reasons for
9finding that use of the percentage standard the amount of child support determined
10by using the method of calculating child support under sub. (1j)
is unfair to the child
11or the party, its reasons for the amount of the modification and the basis for the
12modification.
AB193, s. 11 13Section 11. 767.32 (1) (b) 4. of the statutes is amended to read:
AB193,6,2014 767.32 (1) (b) 4. A If the judgment or order was entered under s. 48.355 (2) (b)
154., 48.357 (5m) or 48.363 (2), a
difference between the amount of child support
16ordered by the court to be paid by the payer and the amount that the payer would
17have been required to pay based on the percentage standard established by the
18department under s. 49.22 (9) if the court did not use the percentage standard in
19determining the child support payments and did not provide the information
20required under s. 46.10 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.
AB193, s. 12 21Section 12. 767.32 (1) (b) 5. of the statutes is created to read:
AB193,7,322 767.32 (1) (b) 5. If the judgment or order was entered under this chapter or s.
23948.22 (7), a difference between the amount of child support ordered by the court to
24be paid by the payer and the amount that the payer would have been required to pay
25based on the method of calculating child support under s. 767.25 (1j) if the court did

1not use that method in determining the child support payments and did not provide
2the information required under s. 767.25 (1n) or 767.51 (5d), whichever is
3appropriate.
AB193, s. 13 4Section 13. 767.32 (2) of the statutes is amended to read:
AB193,7,85 767.32 (2) Except as provided in sub. (2m) or (2r), if the court revises a
6judgment or order with respect to child support payments, it shall do so by using the
7percentage standard established by the department under s. 49.22 (9) method of
8calculating child support under s. 767.25 (1j)
.
AB193, s. 14 9Section 14. 767.32 (2m) of the statutes is amended to read:
AB193,7,1510 767.32 (2m) Upon request by a party, the court may modify the amount of
11revised child support payments determined under sub. (2) if, after considering the
12factors listed in s. 767.25 (1m) or 767.51 (5), as appropriate, the court finds, by the
13greater weight of the credible evidence, that the use of the percentage standard
14amount of revised child support determined by using the method of calculating child
15support under s. 767.25 (1j)
is unfair to the child or to any of the parties.
AB193, s. 15 16Section 15. 767.45 (7) of the statutes is amended to read:
AB193,7,2117 767.45 (7) The clerk of court shall provide without charge, to each person
18bringing an action under this section, except to the state under sub. (1) (g) or (6m),
19a document setting forth the percentage standard established by the department
20under s. 49.22 (9) and the method of calculating child support under s. 767.25 (1j) and
21listing the factors which that a court may consider under s. 767.51 (5).
AB193, s. 16 22Section 16. 767.455 (6) of the statutes is amended to read:
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