(7) Amount of Support.
The amount of required parental support for a child in substitute care shall not exceed the lesser of the following:
(b) Adoption assistance.
If the parent has entered into an agreement under s. 48.975 (4)
, Stats., to receive adoption assistance for maintenance for the child under s. 48.975
, Stats., the amount of monthly adoption assistance for maintenance provided for the child under s. 48.975 (3) (a)
, Stats. If the agreement does not provide for monthly adoption assistance for maintenance for the child under s. 48.975 (3) (a)
, Stats., no parental support may be recommended.
DHS 1.07 Note
For support ordered by a court under s. 46.10 (14) (b)
, Stats., s. 46.10 (14) (cm) 2.
, Stats., provides a standard by which the court may disregard limiting the amount of child support to the amount of adoption assistance when the court finds that the limit is unfair to the child or the parents.
To prevent family impoverishment, the amount of support determined using the schedule in subd. 2.
if all of the following conditions are met:
The parent is over age 19, or over age 18 but no longer in secondary school.
The parent is dependent on no one other than a spouse for support including but not limited to housing and meals.
The parent provides full financial information for all family members.
The department's division of management and technology shall annually issue a maximum monthly support schedule for court-ordered substitute care which shall be constructed to show amounts of parental support corresponding to family income and family size. When annual gross income as computed according to s. DHS 1.03 (11) (a)
to (b) 3.
is less than the federal poverty level for a family of the same size, the schedule will indicate a parental support amount of zero. However, an agency may institute a minimum charge rate, not to exceed 3% of annual gross income, for all families in similar circumstances.
DHS 1.07 Note
Note: At family income amounts greater than the poverty level, the schedule will show a support amount calculated to be 35% of the portion of income which exceeds the poverty level. At a certain level of income, the schedule will yield a higher support amount than that computed using the percentage of income standard and when that happens the percentage of income standard will apply.
(8) Possible modification by court of agency-computed support amount.
A court may consider and an agency responsible to recommend support shall consider the factors in s. 46.10 (14) (c)
, Stats., to determine if it is appropriate in a particular case for the court to modify the amount of parental support under sub. (7)
. Except as provided in par. (b)
, when an agency recommends modification of the computed support amount to the court the agency shall prepare a budget for the parent showing projected income and expenses including the support amount. The factors in s. 46.10 (14) (c)
, Stats., are as follows with requirements and clarifications which affect how they are taken into account:
The physical, mental and emotional health needs of the child, including any costs for the child's health insurance provided by a parent. If this is the only modification factor considered relevant to the support amount, extraordinary health insurance costs and other costs relating to the child's needs may be deducted from the amount computed in sub. (7)
without the development of a total budget.
The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under the federal poverty level.
The earning capacity of each parent, based on the parent's education, training and work experience and based on the availability of work in or near the parent's community. An agency may make a recommendation to a court that considers earning capacity greater than actual earnings.
The need and capacity of the child for education, including higher education.
The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
The best interests of the child, including, but not limited to, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child's family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.
Any other factors that the court in the particular case determines are relevant. The agency shall inform the court of expenses known to the agency that the parent has incurred related to the child, including legal expenses, expenses related to adoption of the child, civil judgments and past expenses for care and services. An agency may recommend other factors to the court or may consider other factors which affect the case and which are not enumerated in pars. (a)
(9) Notice to parents.
The agency responsible for recommending the amount of parental support shall provide written notice to the liable parent of the amount to be recommended by the agency prior to any determination by the court of support in a ch. 48
, Stats., proceeding. With the notice, the agency shall provide the parent with all of the following:
A copy of the support recommendation to be provided to the court.
A written explanation of how the parent may use the informal dispute resolution procedure required by sub. (10)
to request the agency to modify the support recommendation to the court.
A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 (14) (c)
(10) Informal dispute resolution procedure.
Agencies shall provide an informal dispute resolution procedure by which parents who disagree with the county's support recommendation may ask a person designated by the agency director for a modification of the recommendation. An agency may limit the procedure to situations where parents allege that the agency did not properly apply the provisions of ch. DCF 150
or that the agency did not give due regard to the deviation factors under sub. (8)
relating to support. This subsection does not require an agency to establish a new procedure if the agency already has a dispute resolution procedure that meets the requirements of this subsection.
DHS 1.07 History
Emerg. cr. HSS 1.07, eff. 1-22-97; cr. Register, August, 1997, No. 500
, eff. 9-1-97; corrections in (2) (intro.), (b), (6) (intro.), (a), (c) and (10), made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546
; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2008 No. 630
; corrections in (1), (2) (intro.) to (b), (6) (intro.) to (c) and (10) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635