AB449: Bill Text

AB449, s. 21 Section 21. 767.25 (1m) (intro.) of the statutes is amended to read:

AB449,13,2 767.25 (1m) (intro.) Upon request by a party, the court may modify the amount of child support payments determined under sub. (1j) s. 767.251 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 any of the parties:

AB449, s. 22 Section 22. 767.25 (1n) of the statutes is amended to read:

AB449,13,11 767.25 (1n) If the court finds under sub. (1m) 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.

AB449, s. 23 Section 23. 767.251 of the statutes is created to read:

AB449,13,15 767.251 Calculation of child support payments. (1) Gross income. For purposes of determining a parent's gross income under this section, all of the following apply:

AB449,13,16 (a) The court shall include as income all of the following:

AB449,13,18 1. Subject to par. (b), all personal income considered gross income for federal income tax purposes.

AB449,13,20 2. Net proceeds from worker's compensation or other personal injury awards intended to replace income.

AB449,13,21 3. Income continuation benefits.

AB449,13,23 4. Voluntary deferred compensation or employee contributions to a profit-sharing or pension account.

AB449,13,24 5. Military allowances and veterans benefits.

AB449,14,2 6. Undistributed income from a closely held corporation if all of the following apply:

AB449,14,3 a. The parent has a majority interest in the corporation.

AB449,14,5 b. The parent may exercise control over, or access the earnings of, the corporation.

AB449,14,6 7. Tax-exempt interest.

AB449,14,7 (b) The court shall exclude from income all of the following:

AB449,14,9 1. Onetime long-term capital gain income from the sale of individual passive investments.

AB449,14,10 2. Onetime capital gain income from the sale of the family home.

AB449,14,11 (c) The court shall subtract from income all of the following:

AB449,14,12 1. Any maintenance paid to the other parent or to a former spouse.

AB449,14,14 2. If the parent is self-employed, one-half of the unemployment tax that the parent pays.

AB449,14,16 3. Business expenses that are allowed as deductions for expenses for tax purposes.

AB449,14,18 4. Business expenses that are not allowed as deductions for expenses for tax purposes but that the court considers necessary for the production of income.

AB449,14,21 (d) The court shall include as income wages paid by the parent to a member of the parent's household that the court determines were paid for the purpose of diverting income to avoid paying child support.

AB449,15,4 (e) If the court determines that a party has encumbered, concealed, damaged, destroyed, transferred, or otherwise disposed of property for the purpose of avoiding payment of child support, or that child support based on the gross incomes of the parties will not adequately provide for the child and that the parties have nonproductive assets, the court may impute income to one or both parents from such property or assets by multiplying the value of the property or asset by the current 6-month treasury bill interest rate and including the amount obtained in the gross income of the appropriate parent.

AB449,15,10 (f) If the court determines that a parent is able and available to work, that employment opportunities exist in the parent's community for which the parent is qualified, and that the parent is not working at least 40 hours per week, the court shall impute to the parent a gross income based on a 40-hour work week, the parent's educational attainment and work experience, and the type of employment opportunities in the parent's community for which the parent is qualified.

AB449,15,14 (2) Amount of physical placement. (a) For the purpose of determining child support payments under sub. (4), the court shall determine the amount of physical placement that a parent has on the basis of the number of days, or amount of time, out of a total of 365 days in a year, that the parent provides care for the child.

AB449,15,20 (b) Notwithstanding par. (a), if both parents provide care for the child in the same 24-hour period, the court shall determine the amount of time that each parent provides care for the child on that day not on the basis of the number of hours that each parent cares for the child but on a basis that reflects each parent's proportionate share of the total expenses incurred by the 2 parents in caring for the child on that day.

AB449,15,25 (c) After making any adjustments necessary to ensure that the total number of days in a year that the parents have physical placement of the child equals 365, the court shall determine the percentage of the 365 days in a year that each parent has physical placement of the child, and shall make any adjustments necessary to ensure that the total of those percentages equals 100%.

AB449,16,3 (3) Gross monthly child support obligations. For the purpose of determining child support payments under sub. (4), the court shall determine the gross monthly child support obligation of each parent as follows:

AB449,16,6 (a) If the combined gross monthly income of the 2 parents is equal to or less than $4,000, the gross monthly child support obligation of each parent equals the following percentage of that parent's gross monthly income:

AB449,16,7 1. If there is one minor child, 17%.

AB449,16,8 2. If there are 2 minor children, 25%.

AB449,16,9 3. If there are 3 minor children, 29%.

AB449,16,10 4. If there are 4 minor children, 31%.

AB449,16,11 5. If there are 5 or more minor children, 34%.

AB449,16,14 (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:

AB449,16,16 1. The combined gross monthly child support obligation of the 2 parents equals the following amount:

AB449,16,18 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.

AB449,16,20 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.

AB449,16,22 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.

AB449,16,24 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.

AB449,17,2 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.

AB449,17,5 2. The gross monthly child support obligation of each parent equals that parent's percentage of the combined gross income of the 2 parents multiplied by the applicable combined gross monthly child support obligation amount under subd. 1.

AB449,17,8 (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:

AB449,17,10 1. The combined gross monthly child support obligation of the 2 parents equals the following amount:

AB449,17,12 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.

AB449,17,14 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.

AB449,17,16 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.

AB449,17,18 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.

AB449,17,20 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.

AB449,17,23 2. The gross monthly child support obligation of each parent equals that parent's percentage of the combined gross income of the 2 parents multiplied by the applicable combined gross monthly child support obligation amount under subd. 1.

AB449,18,2 (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), multiplied by the following percentage:

AB449,18,3 1. If the number of other children the parent is obligated to support is one, 90%.

AB449,18,4 2. If the number of other children the parent is obligated to support is 2, 85%.

AB449,18,5 3. If the number of other children the parent is obligated to support is 3, 80%.

AB449,18,7 4. If the number of other children the parent is obligated to support is 4 or more, 75%.

AB449,18,9 (4) Amount of payments. The court shall determine child support payments as follows:

AB449,18,14 (a) In sole placement cases. 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).

AB449,18,18 (b) In shared placement cases. 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:

AB449,18,22 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.

AB449,19,2 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.

AB449,19,6 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).

AB449,19,9 (c) In 3rd-party placement cases. If a child is placed outside his or her home in a residential, nonmedical facility, the child support obligation of each parent shall be his or her gross monthly child support obligation, as determined under sub. (3).

AB449,19,16 (d) In split placement cases. 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 par. (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.

AB449, s. 24 Section 24 . 767.295 (2) (c) of the statutes is amended to read:

AB449,20,4 767.295 (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.

AB449, s. 25 Section 25. 767.32 (1) (b) 2. of the statutes is amended to read:

AB449,20,12 767.32 (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.

AB449, s. 26 Section 26 . 767.32 (1) (b) 4. of the statutes is amended to read:

AB449,20,22 767.32 (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) , 1999 stats., 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.

AB449, s. 27 Section 27. 767.32 (1) (b) 5. of the statutes is created to read:

AB449,21,7 767.32 (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), whichever is appropriate.

AB449, s. 28 Section 28. 767.32 (1) (b) 6. of the statutes is created to read:

AB449,21,15 767.32 (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.

AB449, s. 29 Section 29. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and amended to read:

AB449,21,21 767.32 (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.

AB449, s. 30 Section 30. 767.32 (2) (b) of the statutes is created to read:

AB449,22,2 767.32 (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.

AB449, s. 31 Section 31 . 767.32 (2m) of the statutes is amended to read:

AB449,22,8 767.32 (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.

AB449, s. 32 Section 32. 767.325 (5r) of the statutes is created to read:

AB449,22,17 767.325 (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.

AB449,22,20 (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.

AB449, s. 33 Section 33 . 767.45 (7) of the statutes is amended to read:

AB449,23,2 767.45 (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 (h), (6), (6m), or (6r), 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 that a court may consider under s. 767.25 (1m).

AB449, s. 34 Section 34 . 767.455 (6) of the statutes is amended to read:

AB449,23,8 767.455 (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 that a court may consider under s. 767.25 (1m).