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AB96,6,95 DCF 150.035 (3) Deviation from the percentage standard. (a) Upon request
6by a party, the court may modify the amount of child support payments determined
7under sub. (1) (2) if, after considering the factors in s. 767.511 (1m), Stats., as
8applicable, the court finds by the greater weight of the credible evidence that use of
9the designated percentage standard is unfair to the child or to any of the parties.
AB96,6,1610 (b) If the court under par. (a) modifies the amount of child support payment
11determined under sub. (1) (2), the court shall state in writing or on the record the
12amount of support that would be required by using the designated percentage
13standard under sub. (1), the amount by which the court's order deviates from that
14amount, its reasons for finding that use of the designated percentage standard is
15unfair to the child or the party, its reasons for the amount of the modification and the
16basis for the modification as provided under s. 767.511 (1n), Stats.
AB96,15 17Section 15. DCF 150.035 (title) and (2) of the administrative code are created
18to read:
AB96,6,19 19DCF 150.035 (title) Determining the child support obligation.
AB96,6,24 20(2) Determining the child support obligation of nonshared placement
21parents.
If the conditions under sub. (1) (a) are not met, the child support obligation
22is one of the following percentages of the parent's monthly income available for child
23support or adjusted monthly income available for child support, except as provided
24under s. DCF 150.04 (4) or (5):
AB96,16
1Section 16. DCF 150.04 (1) (b) 1. and 3. a. and b. of the administrative code
2are amended to read:
AB96,7,43 DCF 150.04 (1) (b) 1. Determine the parent's monthly income available for
4child support under s. DCF 150.03 (1) (intro.).
AB96,7,75 3. a. If the parent is subject to an existing support order for that legal obligation,
6except a shared-placement order under s. DCF 150.04 (2) 150.035 (1), the support
7for that obligation is the monthly amount of that order.
AB96,7,128 b. If the parent is in an intact family or is subject to a shared-placement order
9under s. DCF 150.04 (2) 150.035 (1), the support is determined by multiplying the
10appropriate designated percentage under s. DCF 150.03 (1) for that number of
11children by the parent's monthly income available for child support or, if applicable,
12determine support under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1).
AB96,17 13Section 17. DCF 150.04 (1) (b) 5. a. and b. of the administrative code are
14amended to read:
AB96,7,1715 150.04 (1) (b) 5. a. If the parent is subject to an existing support order for that
16legal obligation, except a shared-placement order under s. DCF 150.04 (2) 150.035
17(1)
, the support for that obligation is the monthly amount of that order.
AB96,7,2218 b. If the parent is in an intact family or is subject to a shared-placement order
19under s. DCF 150.04 (2) 150.035 (1), the support is determined by multiplying the
20appropriate designated percentage under s. DCF 150.03 (1) for that number of
21children by the parent's monthly income available for child support or, if applicable,
22determine support under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1).
AB96,18 23Section 18. DCF 150.04 (1) (b) 8. of the administrative code is amended to read:
AB96,8,724 DCF 150.04 (1) (b) 8. Multiply the appropriate designated percentage under
25s. DCF 150.03 (1)
for the number of children subject to the new order by the final

1adjusted monthly income available for child support determined in either subd. 6. or
27. to determine the new child support obligation or if applicable, determine the new
3child support obligation under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1). If
4multiple child support obligations reduce a serial-family parent's income to a level
5set forth in the schedule in ch. DCF 150 Appendix C, the court may combine the
6provisions of this subsection with the provisions for determining the support
7obligation of a low-income payer under s. DCF 150.04 (4).
AB96,19 8Section 19. DCF 150.04 (2) of the administrative code is renumbered DCF
9150.035 (1), and DCF 150.035 (1) (b) 1., 2. and 5., as renumbered, are amended to
10read:
AB96,8,1911 DCF 150.035 (1) (b) 1. Determine each parent's monthly income available for
12child support under s. DCF 150.03 (1). In determining whether to impute income
13based on earning capacity for an unemployed parent or a parent employed less than
14full time under s. DCF 150.03 (3), the court shall consider benefits to the child of
15having a parent remain in the home during periods of placement and the additional
16variable day care costs that would be incurred if the parent worked more. If a parent
17has one or more previous child support obligations, determine the parent's monthly
18income available for child support adjusted for the previous obligations as provided
19in sub. s. DCF 150.04 (1).
AB96,8,2120 2. Multiply each parent's monthly income available for child support by the
21appropriate designated percentage standard under s. DCF 150.03 (1).
AB96,9,322 5. Offset resulting amounts under subd. 4. against each other. The parent with
23a greater child support obligation is the shared-placement payer. The
24shared-placement payer shall pay the lesser of the amount determined under this
25subd. subdivision or the amount determined using the appropriate designated

1percentage standard under s. DCF 150.03 (1). If the shared-placement payer is also
2a low-income or high-income payer, the court may combine the provisions of either
3sub. s. DCF 150.04 (4) or (5) with the provisions of this section.
AB96,20 4Section 20. DCF 150.04 (3) (b) of the administrative code is amended to read:
AB96,9,125 DCF 150.04 (3) (b) Multiply the amount determined in par. (a) by the pro rata
6percentage standard for the number of children in split placement who are placed
7with the other parent. The pro rata percentage standard for the number of children
8in split placement who are placed with the other parent is calculated by determining
9the appropriate designated percentage standard under s. DCF 150.03 (1) for the total
10number of children, dividing by the total number of children, and adding together the
11percentages for the children in split-placement who are placed with the other
12parent.
AB96,21 13Section 21. DCF 150.04 (4) (a) of the administrative code is amended to read:
AB96,9,2114 DCF 150.04 (4) (a) The court may use the monthly support amount provided
15in the schedule in Appendix C as the support amount for a payer with a monthly
16income available for child support at a level set forth in the schedule if the payer's
17total economic circumstances limit his or her ability to pay support at the level
18determined under s. DCF 150.03 (1) 150.035. If a payer's monthly income available
19for child support is below the lowest income level in Appendix C, the court may set
20an order at an amount appropriate for the payer's total economic circumstances.
21This amount may be lower than the lowest support amount in Appendix C.
AB96,22 22Section 22. DCF 150.04 (5) (b) of the administrative code is amended to read:
AB96,9,2523 DCF 150.04 (5) (b) The court shall apply the percentages in s. DCF 150.03 (1)
24150.035 (2) to a payer's monthly income available for child support that is less than
25$7,000.
AB96,23
1Section 23. DCF 150.04 (6) (b) 1. and 4. of the administrative code are
2amended to read:
AB96,10,83 DCF 150.04 (6) (b) 1. Determine the pro rata percentage standard for the total
4number of children for whom support is being established. The pro rata percentage
5standard for the total number of children for whom support is being established is
6calculated by determining the appropriate designated percentage standard under s.
7DCF 150.03 (1)
for the total number of children and dividing by the total number of
8children.
AB96,10,169 4. Add or offset the child support obligation for children placed with the other
10parent full-time under subd. 2. with the child support obligation for children in
11shared-placement under subd. 3. e. The parent with a greater child support
12obligation is the payer. The payer shall pay the lesser of the amount determined
13under this subdivision or the amount determined using the appropriate designated
14percentage standard under s. DCF 150.03 (1). If the payer under this subdivision is
15also a low-income payer, the child support obligation may be the lesser of the amount
16determined under this subdivision or under sub. (4).
AB96,24 17Section 24. DCF 150.04 (6) (c) 1. b. and 3. of the administrative code are
18amended to read:
AB96,10,2119 DCF 150.04 (6) (c) 1. b. If no court-ordered support obligation exists,
20multiplying the appropriate designated percentage under DCF 150.03 (1) by the
21parent's monthly income available for child support.
AB96,10,2522 3. Multiply the appropriate designated percentage under s. DCF 150.03 (1) for
23the number of children subject to the new order by the final adjusted monthly income
24available for child support determined under subd. 2. to determine the new child
25support obligation.
AB96,25
1Section 25. Effective date.
AB96,11,32 (1) This act takes effect on the first day of the 7th month beginning after
3publication.
AB96,11,44 (End)
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