AB449,18,33 1. If the number of other children the parent is obligated to support is one, 90%.
AB449,18,44 2. If the number of other children the parent is obligated to support is 2, 85%.
AB449,18,55 3. If the number of other children the parent is obligated to support is 3, 80%.
AB449,18,76 4. If the number of other children the parent is obligated to support is 4 or more,
775%.
AB449,18,9 8(4) Amount of payments. The court shall determine child support payments
9as follows:
AB449,18,1410 (a) In sole placement cases. If the court grants periods of physical placement
11to only one parent, or if the court grants periods of physical placement to both parents
12but one parent has physical placement of the child for fewer than 55 days in a year,
13the parent with less or no physical placement shall pay to the other parent the gross
14monthly child support obligation determined for that payer parent under sub. (3).
AB449,18,1815 (b) In shared placement cases. If the court grants periods of physical placement
16to both parents and each parent has physical placement of the child for at least 55
17days in a year, the court shall determine child support payments in the following
18manner:
AB449,18,2219 1. Each parent's gross monthly child support obligation determined under sub.
20(3) shall be multiplied by 1.4 and by the other parent's percentage of physical
21placement determined under sub. (2) (c). The product under this subdivision for each
22parent is that parent's net monthly child support obligation.
AB449,19,223 2. Except as provided in subd. 3., the parent with the greater net monthly child
24support obligation under subd. 1. shall pay as child support, to the parent with the

1smaller net monthly child support obligation under subd. 1., the difference between
2those net monthly child support obligations.
AB449,19,63 3. If the amount of child support that a parent is obligated to pay under subd.
42. is greater than his or her gross monthly child support obligation determined under
5sub. (3), that parent shall pay as child support to the other parent the amount of his
6or her gross monthly child support obligation determined under sub. (3).
AB449,19,97 (c) In 3rd-party placement cases. If a child is placed outside his or her home
8in a residential, nonmedical facility, the child support obligation of each parent shall
9be his or her gross monthly child support obligation, as determined under sub. (3).
AB449,19,1610 (d) In split placement cases. If there is more than one child, if the amount of
11physical placement that a parent has with one or more of the children is not the same
12as the amount that the parent has with one or more of the other children, and if the
13court determines that each parent is required to pay child support to the other parent
14under par. (a) or (b) 2. or 3., the court shall require only the parent who is required
15to pay the greater amount to pay child support, and to pay only the difference in the
16amounts, to the other parent.
AB449, s. 24 17Section 24 . 767.295 (2) (c) of the statutes is amended to read:
AB449,20,418 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
19parent to pay child support equal to the amount determined by applying the
20percentage standard established under s. 49.22 (9) method under s. 767.251 to the
21income a person would earn by working 40 hours per week for the federal minimum
22hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that
23the parent was ordered to pay in the most recent determination of support under this
24chapter. The child support obligation ordered under this paragraph continues until
25the parent makes timely payment in full for 3 consecutive months or until the person

1participates in the program under s. 49.36 for 16 weeks, whichever comes first. The
2court shall provide in its order that the parent must make child support payments
3calculated under s. 767.25 (1j) or (1m) or 767.251 after the obligation to make
4payments ordered under this paragraph ceases.
AB449, s. 25 5Section 25. 767.32 (1) (b) 2. of the statutes is amended to read:
AB449,20,126 767.32 (1) (b) 2. Unless the amount of child support is expressed in the
7judgment or order as a percentage of parental income, the
The expiration of 33
8months after the date of the entry of the last child support order, including a revision
9of a child support order under this section, if the amount of child support under the
10revised order by using the method of calculating child support under s. 767.251 will
11differ from the amount under the last order by at least 10% of the amount under the
12last order or by at least $40 per month
.
AB449, s. 26 13Section 26 . 767.32 (1) (b) 4. of the statutes is amended to read:
AB449,20,2214 767.32 (1) (b) 4. A If the action in which the court most recently ordered child
15support, including a revision of a child support order under this section, was
16commenced before the effective date of this subdivision .... [revisor inserts date], a

17difference between the amount of child support ordered by the court to be paid by the
18payer and the amount that the payer would have been required to pay based on the
19percentage standard established by the department under s. 49.22 (9) , 1999 stats.,
20if the court did not use the percentage standard in determining the child support
21payments and did not provide the information required under s. 46.10 (14) (d), 301.12
22(14) (d), or 767.25 (1n), whichever is appropriate.
AB449, s. 27 23Section 27. 767.32 (1) (b) 5. of the statutes is created to read:
AB449,21,724 767.32 (1) (b) 5. If the action in which the court most recently ordered child
25support, including a revision of a child support order under this section, was

1commenced on or after the effective date of this subdivision .... [revisor inserts date],
2a difference between the amount of child support ordered by the court to be paid by
3the payer and the amount that the payer would have been required to pay based on
4the method of calculating child support under s. 767.251 if the court did not use that
5method in determining the child support payments and did not provide the
6information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), whichever
7is appropriate.
AB449, s. 28 8Section 28. 767.32 (1) (b) 6. of the statutes is created to read:
AB449,21,159 767.32 (1) (b) 6. The amount of child support last ordered by the court was
10based on the amount of physical placement awarded to the parties and the payer has
11consistently failed to exercise his or her periods of physical placement, if the amount
12of child support under the revised order, based on the actual amount of physical
13placement that the payer has in the past exercised, will differ from the amount under
14the last order by at least 15% of the amount under the last order or by at least $60
15per month.
AB449, s. 29 16Section 29. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and
17amended to read:
AB449,21,2118 767.32 (2) (a) Except as provided in sub. (2m) or (2r), if the court revises a
19judgment or order with respect to child support payments, it shall do so by using the
20percentage standard established by the department under s. 49.22 (9) method under
21s. 767.251
.
AB449, s. 30 22Section 30. 767.32 (2) (b) of the statutes is created to read:
AB449,22,223 767.32 (2) (b) In determining the amount of physical placement that each
24parent has for purposes of calculating child support under s. 767.251, the court shall
25use the actual time that a child regularly spends with each parent, regardless of the

1allocation of physical placement between the parents under a physical placement
2order.
AB449, s. 31 3Section 31 . 767.32 (2m) of the statutes is amended to read:
AB449,22,84 767.32 (2m) Upon request by a party, the court may modify the amount of
5revised child support payments determined under sub. (2) if, after considering the
6factors listed in s. 767.25 (1m), the court finds, by the greater weight of the credible
7evidence, that the use of the percentage standard method of calculating child support
8under s. 767.251
is unfair to the child or to any of the parties.
AB449, s. 32 9Section 32. 767.325 (5r) of the statutes is created to read:
AB449,22,1710 767.325 (5r) Delay if modification sought in response to child support
11modification.
(a) Except as provided in par. (b), if the court determines that a
12petition, motion, or order to show cause to modify a physical placement order is filed
13under this section in response to a petition, motion, or order to show cause filed under
14s. 767.32 to revise a judgment or order with respect to an amount of child support,
15the court may not hear or make a determination on the petition, motion, or order to
16show cause filed under this section until at least 30 days after the signing of the order
17related to the petition, motion, or order to show cause to revise child support.
AB449,22,2018 (b) The delay requirement under par. (a) does not apply if the party seeking to
19modify the physical placement order presents any credible evidence that the current
20allocation of physical placement will cause irreparable harm to the child.
AB449, s. 33 21Section 33 . 767.45 (7) of the statutes is amended to read:
AB449,23,222 767.45 (7) The clerk of court shall provide without charge, to each person
23bringing an action under this section, except to the state under sub. (1) (g) or (h), (6),
24(6m), or (6r), a document setting forth the percentage standard established by the

1department under s. 49.22 (9)
method of calculating child support under s. 767.251
2and listing the factors which that a court may consider under s. 767.25 (1m).
AB449, s. 34 3Section 34 . 767.455 (6) of the statutes is amended to read:
AB449,23,84 767.455 (6) Document. The summons served on the respondent shall be
5accompanied by a document, provided without charge by the clerk of court, setting
6forth the percentage standard established by the department under s. 49.22 (9)
7method of calculating child support under s. 767.251 and listing the factors which
8that a court may consider under s. 767.25 (1m).
AB449, s. 35 9Section 35 . 767.477 (2) of the statutes is amended to read:
AB449,23,1610 767.477 (2) Before making any temporary order under sub. (1), the court shall
11consider those factors that the court is required to consider when granting a final
12judgment on the same subject matter. If the court makes a temporary child support
13order that deviates from the amount of support that would be required by using the
14percentage standard established by the department under s. 49.22 (9) method of
15calculating child support under s. 767.251
, the court shall comply with the
16requirements of s. 767.25 (1n).
AB449, s. 36 17Section 36. 938.30 (6) (b) of the statutes is amended to read:
AB449,24,218 938.30 (6) (b) If it appears to the court that disposition of the case may include
19placement of the juvenile outside the juvenile's home, the court shall order the
20juvenile's parent to provide a statement of income, assets, debts, and living expenses
21to the court or the designated agency under s. 938.33 (1) at least 5 days before the
22scheduled date of the dispositional hearing or as otherwise ordered by the court. The
23clerk of court shall provide, without charge, to any parent ordered to provide a
24statement of income, assets, debts, and living expenses a document setting forth the
25percentage standard established by the department of workforce development under

1s. 49.22 (9)
method of calculating child support under s. 767.251 and listing the
2factors that a court may consider under s. 301.12 (14) (c).
AB449, s. 37 3Section 37. 938.31 (7) (b) of the statutes is amended to read:
AB449,24,134 938.31 (7) (b) If it appears to the court that disposition of the case may include
5placement of the juvenile outside the juvenile's home, the court shall order the
6juvenile's parent to provide a statement of income, assets, debts, and living expenses
7to the court or the designated agency under s. 938.33 (1) at least 5 days before the
8scheduled date of the dispositional hearing or as otherwise ordered by the court. The
9clerk of court shall provide, without charge, to any parent ordered to provide a
10statement of income, assets, debts, and living expenses a document setting forth the
11percentage standard established by the department of workforce development under
12s. 49.22 (9)
method of calculating child support under s. 767.251 and listing the
13factors that a court may consider under s. 301.12 (14) (c).
AB449, s. 38 14Section 38. 938.33 (4m) (intro.) of the statutes is amended to read:
AB449,24,2015 938.33 (4m) Support recommendations; information to parents. (intro.) In
16making a recommendation for an amount of child support under sub. (3) or (4), the
17agency shall consider the factors that the court considers under s. 301.12 (14) (c) for
18deviation from the percentage standard method of calculating child support under
19s. 767.251
. At or before the dispositional hearing under s. 938.335, the agency shall
20provide the juvenile's parent with all of the following:
AB449, s. 39 21Section 39. 938.357 (5m) (a) of the statutes is amended to read:
AB449,25,822 938.357 (5m) (a) If a proposed change in placement changes a juvenile's
23placement from a placement in the juvenile's home to a placement outside the
24juvenile's home, the court shall order the juvenile's parent to provide a statement of
25income, assets, debts, and living expenses to the court or the person or agency

1primarily responsible for implementing the dispositional order by a date specified by
2the court. The clerk of court shall provide, without charge, to any parent ordered to
3provide a statement of income, assets, debts, and living expenses a document setting
4forth the percentage standard established by the department of workforce
5development under s. 49.22 (9)
method of calculating child support under s. 767.251
6and listing the factors that a court may consider under s. 301.12 (14) (c). If the
7juvenile is placed outside the juvenile's home, the court shall determine the liability
8of the parent in the manner provided in s. 301.12 (14).
AB449, s. 40 9Section 40. 938.363 (1) (c) of the statutes is amended to read:
AB449,25,1810 938.363 (1) (c) If the proposed revision is for a change in the amount of child
11support to be paid by a parent, the court shall order the juvenile's parent to provide
12a statement of income, assets, debts, and living expenses to the court and the person
13or agency primarily responsible for implementing the dispositional order by a date
14specified by the court. The clerk of court shall provide, without charge, to any parent
15ordered to provide a statement of income, assets, debts, and living expenses a
16document setting forth the percentage standard established by the department of
17workforce development under s. 49.22 (9)
method of calculating child support under
18s. 767.251
and listing the factors that a court may consider under s. 46.10 (14) (c).
AB449, s. 41 19Section 41. 948.22 (4) (b) of the statutes is amended to read:
AB449,26,220 948.22 (4) (b) For a person not subject to a court order requiring child,
21grandchild, or spousal support payments, when the person knows or reasonably
22should have known that he or she has a dependent, failure to provide support equal
23to at least the amount established by rule by the department of workforce
24development under s. 49.22 (9)
the method of calculating child support under s.

1767.251
or causing a spouse, grandchild, or child to become a dependent person, or
2continue to be a dependent person, as defined in s. 49.01 (2).
AB449, s. 42 3Section 42 . 948.22 (7) (bm) of the statutes is amended to read:
AB449,26,104 948.22 (7) (bm) Upon request, the court may modify the amount of child or
5spousal support payments determined under par. (b) 2. if, after considering the
6factors listed in s. 767.25 (1m), regardless of the fact that the action is not one for a
7determination of paternity or
an action specified in s. 767.25 (1), the court finds, by
8the greater weight of the credible evidence, that the use of the percentage standard
9method of calculating child support under s. 767.251 is unfair to the child or to either
10of the child's parents.
AB449, s. 43 11Section 43. Initial applicability.
AB449,26,1412 (1) This act first applies to actions or proceedings, including actions or
13proceedings to enforce or modify a judgment or order previously granted, that are
14commenced on the effective date of this subsection.
AB449,26,1515 (End)
Loading...
Loading...