SB520: Bill Text

SB520,18,13 2. If there are 2 minor children, 25%.

SB520,18,14 3. If there are 3 minor children, 29%.

SB520,18,15 4. If there are 4 minor children, 31%.

SB520,18,16 5. If there are 5 or more minor children, 34%.

SB520,18,19 (b) If the combined gross monthly income of the 2 parents is greater than $4,000 but not greater than $20,000, the gross monthly child support obligation of each parent is calculated as follows:

SB520,18,21 1. The combined gross monthly child support obligation of the 2 parents equals the following amount:

SB520,18,23 a. If there is one minor child, $680 plus 8.5% of the combined gross monthly income of the 2 parents in excess of $4,000.

SB520,18,25 b. If there are 2 minor children, $1,000 plus 12.5% of the combined gross monthly income of the 2 parents in excess of $4,000.

SB520,19,2 c. If there are 3 minor children, $1,160 plus 14.5% of the combined gross monthly income of the 2 parents in excess of $4,000.

SB520,19,4 d. If there are 4 minor children, $1,240 plus 15.5% of the combined gross monthly income of the 2 parents in excess of $4,000.

SB520,19,6 e. If there are 5 or more minor children, $1,360 plus 17% of the combined gross monthly income of the 2 parents in excess of $4,000.

SB520,19,9 2. Determine each parent's percentage of the combined gross monthly income of the 2 parents by dividing that parent's gross monthly income by the combined gross monthly income of the 2 parents.

SB520,19,12 3. The gross monthly child support obligation of each parent equals the percentage determined under subd. 2. for that parent multiplied by the applicable amount under subd. 1.

SB520,19,15 (c) If the combined gross monthly income of the 2 parents is greater than $20,000, the gross monthly child support obligation of each parent is calculated as follows:

SB520,19,17 1. The combined gross monthly child support obligation of the 2 parents equals the following amount:

SB520,19,19 a. If there is one minor child, $2,040 plus 4% of the combined gross monthly income of the 2 parents in excess of $20,000.

SB520,19,21 b. If there are 2 minor children, $3,000 plus 6% of the combined gross monthly income of the 2 parents in excess of $20,000.

SB520,19,23 c. If there are 3 minor children, $3,480 plus 7% of the combined gross monthly income of the 2 parents in excess of $20,000.

SB520,19,25 d. If there are 4 minor children, $3,720 plus 8% of the combined gross monthly income of the 2 parents in excess of $20,000.

SB520,20,2 e. If there are 5 or more minor children, $4,080 plus 9% of the combined gross monthly income of the 2 parents in excess of $20,000.

SB520,20,5 2. Determine each parent's percentage of the combined gross monthly income of the 2 parents by dividing that parent's gross monthly income by the combined gross monthly income of the 2 parents.

SB520,20,8 3. The gross monthly child support obligation of each parent equals the percentage determined under subd. 2. for that parent multiplied by the applicable amount under subd. 1.

SB520,20,12 (d) Notwithstanding pars. (a), (b) and (c), if a parent is subject to another child support order or is otherwise legally obligated to support one or more other children, that parent's gross monthly child support obligation is the amount determined for that parent under par. (a), (b) or (c), reduced by the following percentage:

SB520,20,13 1. If the number of other children the parent is obligated to support is one, 90%.

SB520,20,14 2. If the number of other children the parent is obligated to support is 2, 85%.

SB520,20,15 3. If the number of other children the parent is obligated to support is 3, 80%.

SB520,20,17 4. If the number of other children the parent is obligated to support is 4 or more, 75%.

SB520,20,19 (4) Amount of payments. The court shall determine child support payments as follows:

SB520,20,24 (a) If the court grants periods of physical placement to only one parent, or if the court grants periods of physical placement to both parents but one parent has physical placement of the child for fewer than 55 days in a year, the parent with less or no physical placement shall pay to the other parent the gross monthly child support obligation determined for that payer parent under sub. (3).

SB520,21,3 (b) If the court grants periods of physical placement to both parents and each parent has physical placement of the child for at least 55 days in a year, the court shall determine child support payments in the following manner:

SB520,21,7 1. Each parent's gross monthly child support obligation determined under sub. (3) shall be multiplied by 1.4 and by the other parent's percentage of physical placement determined under sub. (2) (c). The product under this subdivision for each parent is that parent's net monthly child support obligation.

SB520,21,11 2. Except as provided in subd. 3., the parent with the greater net monthly child support obligation under subd. 1. shall pay as child support, to the parent with the smaller net monthly child support obligation under subd. 1., the difference between those net monthly child support obligations.

SB520,21,15 3. If the amount of child support that a parent is obligated to pay under subd. 2. is greater than his or her gross monthly child support obligation determined under sub. (3), that parent shall pay as child support to the other parent the amount of his or her gross monthly child support obligation determined under sub. (3).

SB520,21,18 (c) If a child is placed outside his or her home in a residential, nonmedical facility, the child support obligation of each parent shall be as determined under sub. (3).

SB520,21,25 (5) Split placement. If there is more than one child, if the amount of physical placement that a parent has with one or more of the children is not the same as the amount that the parent has with one or more of the other children and if the court determines that each parent is required to pay child support to the other parent under sub. (4) (a) or (b) 2. or 3., the court shall require only the parent who is required to pay the greater amount to pay child support, and to pay only the difference in the amounts, to the other parent.

SB520, s. 25 Section 25. 767.295 (2) (c) of the statutes is amended to read:

SB520,22,13 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) method under s. 767.251 to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.251, 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to make payments ordered under this paragraph ceases.

SB520, s. 26 Section 26 . 767.295 (2) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,23,2 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) method under s. 767.251 to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.251 after the obligation to make payments ordered under this paragraph ceases.

SB520, s. 27 Section 27. 767.32 (1) (b) 2. of the statutes is amended to read:

SB520,23,10 767.32 (1) (b) 2. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, the The expiration of 33 months after the date of the entry of the last child support order, including a revision of a child support order under this section, if the amount of child support under the revised order by using the method of calculating child support under s. 767.251 will differ from the amount under the last order by at least 10% of the amount under the last order or by at least $40 per month.

SB520, s. 28 Section 28. 767.32 (1) (b) 4. of the statutes is amended to read:

SB520,23,20 767.32 (1) (b) 4. A If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced before the effective date of this subdivision .... [revisor inserts date], 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 under s. 49.22 (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), 301.12 (14) (d), 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 29 Section 29 . 767.32 (1) (b) 4. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,24,6 767.32 (1) (b) 4. A If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced before the effective date of this subdivision .... [revisor inserts date], 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 under s. 49.22 (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), 301.12 (14) (d) or 767.25 (1n), whichever is appropriate.

SB520, s. 30 Section 30. 767.32 (1) (b) 5. of the statutes is created to read:

SB520,24,16 767.32 (1) (b) 5. If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced on or after the effective date of this subdivision .... [revisor inserts date], 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. 767.251 if the court did not use that method in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 31 Section 31. 767.32 (1) (b) 5. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB520,25,2 767.32 (1) (b) 5. If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced on or after the effective date of this subdivision .... [revisor inserts date], 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. 767.251 if the court did not use that method in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 32 Section 32. 767.32 (1) (b) 6. of the statutes is created to read:

SB520,25,10 767.32 (1) (b) 6. The amount of child support last ordered by the court was based on the amount of physical placement awarded to the parties and the payer has consistently failed to exercise his or her periods of physical placement, if the amount of child support under the revised order, based on the actual amount of physical placement that the payer has in the past exercised, will differ from the amount under the last order by at least 15% of the amount under the last order or by at least $60 per month.

SB520, s. 33 Section 33. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and amended to read:

SB520,25,16 767.32 (2) (a) 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 under s. 49.22 (9) method under s. 767.251.

SB520, s. 34 Section 34. 767.32 (2) (b) of the statutes is created to read:

SB520,25,22 767.32 (2) (b) In determining the amount of physical placement that each parent has for purposes of calculating child support under s. 767.251, the court shall use the actual time that a child regularly spends with each parent, regardless of the allocation of physical placement between the parents under a physical placement order.

SB520, s. 35 Section 35. 767.32 (2m) of the statutes is amended to read:

SB520,26,4 767.32 (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), 767.51 (5) or 767.62 (4) (e), 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. 767.251 is unfair to the child or to any of the parties.

SB520, s. 36 Section 36 . 767.32 (2m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,26,11 767.32 (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), 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. 767.251 is unfair to the child or to any of the parties.

SB520, s. 37 Section 37. 767.325 (5r) of the statutes is created to read:

SB520,26,20 767.325 (5r) Delay if modification sought in response to child support modification. (a) Except as provided in par. (b), if the court determines that a petition, motion or order to show cause to modify a physical placement order is filed under this section in response to a petition, motion or order to show cause filed under s. 767.32 to revise a judgment or order with respect to an amount of child support, the court may not hear or make a determination on the petition, motion or order to show cause filed under this section until at least 30 days after the signing of the order related to the petition, motion or order to show cause to revise child support.

SB520,26,23 (b) The delay requirement under par. (a) does not apply if the party seeking to modify the physical placement order presents any credible evidence that the current allocation of physical placement will cause irreparable harm to the child.

SB520, s. 38 Section 38. 767.45 (7) of the statutes is amended to read:

SB520,27,5 767.45 (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 under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.51 (5).

SB520, s. 39 Section 39 . 767.45 (7) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,27,12 767.45 (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 under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.25 (1m).

SB520, s. 40 Section 40. 767.455 (6) of the statutes is amended to read:

SB520,27,18 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.51 (5).

SB520, s. 41 Section 41 . 767.455 (6) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,27,25 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.25 (1m).

SB520, s. 42 Section 42. 767.477 (2) of the statutes is amended to read:

SB520,28,8 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court 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 under s. 49.22 (9) method of calculating child support under s. 767.251, the court shall comply with the requirements of s. 767.51 (5d).

SB520, s. 43 Section 43 . 767.477 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,28,17 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court 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 under s. 49.22 (9) method of calculating child support under s. 767.251, the court shall comply with the requirements of s. 767.25 (1n).

SB520, s. 44 Section 44. 767.51 (4m) of the statutes is amended to read:

SB520,28,21 767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 (9) method under s. 767.251.

SB520, s. 45 Section 45. 767.51 (4m) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 46 Section 46. 767.51 (5) (intro.) of the statutes is amended to read:

SB520,29,5 767.51 (5) (intro.) Upon request by a party, the court may modify the amount of child support payments determined under sub. (4m) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard method under s. 767.251 is unfair to the child or to the requesting party:

SB520, s. 47 Section 47. 767.51 (5) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 48 Section 48. 767.51 (5d) of the statutes is amended to read:

SB520,29,16 767.51 (5d) If the court finds under sub. (5) that use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or the requesting party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard method under s. 767.251, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard method under s. 767.251 is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification.

SB520, s. 49 Section 49. 767.51 (5d) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 50 Section 50. 767.62 (4) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:

SB520,29,24 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:

SB520,30,2 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

SB520,30,7 (b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

SB520,30,10 (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

SB520,30,13 (d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.