LRB-2393/1
PJK:kjf:pg
2005 - 2006 LEGISLATURE
September 9, 2005 - Introduced by Representatives Kestell, Pettis, Nelson, Ott,
Musser, F. Lasee, Hahn, Gunderson, M. Williams, Nass, Friske and Kerkman,
cosponsored by Senator Grothman. Referred to Committee on Children and
Families.
AB654,1,3
1An Act to amend 767.25 (1m) (b); and
to create 767.085 (1) (dm) of the statutes;
2relating to: consideration of income disparity in determining child support
3and information to be included in family action petitions.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Workforce Development (DWD) must
promulgate rules that provide a standard for courts to use in determining child
support based on a percentage of a parent's gross income. This standard is called the
percentage standard, and it requires a payer to pay 17 percent of his or her gross
income for one child, 25 percent for two children, 29 percent for three children, 31
percent for four children, and 34 percent for five or more children. Upon the request
of a party, a court may modify the amount of child support that would be ordered by
using the percentage standard if the court, after considering a number of factors,
finds that use of the percentage standard is unfair to the child or to either of the
parties. Among the factors under current law that the court must consider are the
financial resources and earning capacity of each parent. This bill adds that the court
must also consider the resulting disparity in the parties' incomes and resources and,
if the payer's income and resources are lower than the payee's, whether application
of the percentage standard would create substantially disparate standards of living
between the parties. This addition is intended to address the decision in Luciani v.
Montemurro-Luciani, 199 Wis. 2d 280, 544 N.W. 2d 561 (1996), which some perceive
as unfair to the child support payer. In that case, the parent with less physical
placement with the couple's two children and whose income was much lower than the
income of the parent with more physical placement was ordered to pay child support
in the amount determined by using the percentage standard without any
modification based on the payee's significantly higher income.
Current law specifies certain information that must be included in a petition
in an action affecting the family, such as a divorce, paternity action, or action to
enforce or revise an order issued in a divorce. This bill requires a petition in an action
affecting the family to indicate whether either of the parties is obligated to pay child
or family support under a judgment or order issued by a court and, if so, the name
of the court and the amount of support owed under the judgment or order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB654, s. 1
1Section
1. 767.085 (1) (dm) of the statutes is created to read:
AB654,2,52
767.085
(1) (dm) Whether either of the parties is obligated to pay child or family
3support under a judgment or order issued by a court and, if so, the name of the court
4that issued each judgment or order and the amount of child or family support owed
5under each judgment or order, if known.
AB654, s. 2
6Section
2. 767.25 (1m) (b) of the statutes is amended to read:
AB654,2,117
767.25
(1m) (b) The financial resources of both parents
, including the resulting
8disparity in the parties' incomes and resources, and, if the payer's income and
9resources are lower than the payee's income and resources, whether application of
10the percentage standard would create substantially disparate standards of living
11between the parties.
AB654,2,1613
(1) No creation or amendment of a statute section by this act constitutes a
14substantial change in circumstances on which may be based a revision under section
15767.32 of the statutes of a judgment or order with respect to an amount of child or
16family support.
AB654,3,4
1(1)
Factors in calculating child support. The treatment of section 767.25 (1m)
2(b) of the statutes first applies to child support orders that are granted on the
3effective date of this subsection, including orders in actions or proceedings to modify
4a judgment or order that was granted before the effective date of this subsection.
AB654,3,75
(2)
Noting other support orders in petition. The treatment of section 767.085
6(1) (dm) of the statutes first applies to petitions filed on the first day of the 2nd month
7beginning after the effective date of this subsection.
