Chapter DCF 150

DCF 150.035 Note Total number of overnights = 457 (271 + 94 + 92)

DCF 150.035 Note Parent A = 59%

DCF 150.035 Note Parent B = 41%

DCF 150.035 Note Time with Parent A = 59% (271/457 = .59)

DCF 150.035 Note Time with Parent B = 41% (94 +92)/457=.407

- See PDF for table

DCF 150.035(2) (2) Determining the child support obligation of nonshared placement parents. If the conditions under sub. (1) (a) are not met, the child support obligation is one of the following percentages of the parent’s monthly income available for child support or adjusted monthly income available for child support, except as provided under s. DCF 150.04 (4) or (5):

DCF 150.035(2)(a) (a) 17% for one child;

DCF 150.035(2)(b) (b) 25% for 2 children;

DCF 150.035(2)(c) (c) 29% for 3 children;

DCF 150.035(2)(d) (d) 31% for 4 children; and

DCF 150.035(2)(e) (e) 34% for 5 or more children.

DCF 150.035 Note Note: See Appendix A which indicates the amount of child support at various levels of income using the percentage standard.

DCF 150.035(3) (3) Deviation from the percentage standard.

DCF 150.035(3)(a) (a) Upon request by a party, the court may modify the amount of child support payments determined under sub. (2) if, after considering the factors in s. 767.511 (1m), Stats., as applicable, the court finds by the greater weight of the credible evidence that use of the designated percentage is unfair to the child or to any of the parties.

DCF 150.035(3)(b) (b) If the court under par. (a) modifies the amount of child support payment determined under sub. (2), the court shall state in writing or on the record the amount of support that would be required by using the designated percentage, the amount by which the court’s order deviates from that amount, its reasons for finding that use of the designated percentage is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification as provided under s. 767.511 (1n), Stats.

DCF 150.035 History History: 2021 Wis. Act 35: (2) (a) to (e), (3) renum. from DCF 150.03 (1) (a) to (e), (11), cr. (title), (2), (1) renum. from DCF 150.04 (2) and am. (1) (b) 1., 2., 5. Register June 2021 No. 786, eff. 12-1-21; CR 23-011: r. and recr. (1) (a), cr. (1) (ag), (ar), (b) (title) Register December 2023 No. 816, eff. 1-1-24.

DCF 150.04 DCF 150.04 Determining the child support obligation in special circumstances. Child support may be determined under special circumstances as follows:

DCF 150.04(1) (1) Determining the child support obligation of a serial-family parent.

DCF 150.04(1)(a) (a) Applicability. This subsection applies only if the support obligation being calculated is for children from a subsequent family or subsequent paternity judgment or acknowledgment. A parent may not use the provisions of this subsection as a basis for seeking modification of an existing order based on a subsequently incurred legal obligation for child support. A parent with a legal obligation to support a child in an intact family is a serial family payer for the purpose of calculating a support obligation for children from a subsequent family under the provisions of this subsection and s. DCF 150.04 (6) (c).

DCF 150.04(1)(b) (b) Determination. For a serial-family parent the child support obligation incurred for a marital or nonmarital child in a subsequent family as a result of a court order may be determined as follows:

DCF 150.04(1)(b)1. 1. Determine the parent’s monthly income available for child support under s. DCF 150.03 (1).

DCF 150.04(1)(b)2. 2. Determine the order of the parent’s legal obligations for child support by listing them according to the date each obligation is incurred. For a marital child, the legal obligation for child support is incurred on the child’s date of birth. For a nonmarital child, the father’s legal obligation for child support is incurred on the date that paternity is legally established. For a nonmarital child in an intact family, it is incurred on the date of adoption or the date that paternity is legally established. For a nonmarital maternal child in an intact family, it is incurred on the child’s date of birth.

DCF 150.04(1)(b)3. 3. Determine the first child support obligation as follows:

DCF 150.04(1)(b)3.a. a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.035 (1), the support for that obligation is the higher of the monthly amount of the existing order or the monthly support amount that would currently be determined under this chapter.

DCF 150.04(1)(b)3.b. b. If the parent is in an intact family or is subject to a shared-placement order under s. DCF 150.035 (1), the support is determined by multiplying the designated percentage for that number of children by the parent’s monthly income available for child support or, if applicable, determine support under sub. (3), (4), or (5) or s. DCF 150.035 (1).

DCF 150.04(1)(b)4. 4. Adjust the monthly income available for child support by subtracting the support for the first legal obligation under subd. 3. from the parent’s monthly income available for child support under subd. 1.

DCF 150.04(1)(b)5. 5. Determine the second child support obligation as follows:

DCF 150.04(1)(b)5.a. a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.035 (1), the support for that obligation is the monthly amount of that order.

DCF 150.04(1)(b)5.b. b. If the parent is in an intact family or is subject to a shared-placement order under s. DCF 150.035 (1), the support is determined by multiplying the designated percentage for that number of children by the parent’s monthly income available for child support or, if applicable, determine support under sub. (3), (4), or (5) or s. DCF 150.035 (1).

DCF 150.04(1)(b)6. 6. Adjust the monthly income available for child support a second time by subtracting the support for the second legal obligation determined under subd. 5. from the first adjusted monthly income available for child support determined under subd. 4.

DCF 150.04(1)(b)7. 7. Repeat the procedure under subds. 5. and 6. for each additional legal obligation for child support the serial-family parent has incurred.

DCF 150.04(1)(b)8. 8. Multiply the designated percentage for the number of children subject to the new order by the final adjusted monthly income available for child support determined in either subd. 6. or 7. to determine the new child support obligation or if applicable, determine the new child support obligation under sub. (3), (4), or (5) or s. DCF 150.035 (1). If multiple child support obligations reduce a serial-family parent’s income to a level set forth in the schedule in ch. DCF 150 Appendix C, the court may combine the provisions of this subsection with the provisions for determining the support obligation of a low-income payer under s. DCF 150.04 (4).

DCF 150.04 Note Note: The following example shows how the child support obligation is determined for a serial-family parent whose additional child support obligation has been incurred for a subsequent family.

DCF 150.04 Note Assumptions:

DCF 150.04 Note Parent A’s current monthly income available for child support is $3000.

DCF 150.04 Note Parent A and Parent B were married, had a child in 2000 and divorced in 2001. Parent A is subject to an existing support order of $450 per month.

DCF 150.04 Note Parent A remarries and has two children, one born in 2006 and the other in 2007, and remains an intact family.

DCF 150.04 Note Parent A was adjudicated the father in 2008 for a child born in 2005. Child support needs to be established for this child.

DCF 150.04 Note Order of parent A’s legal obligation for child support.

DCF 150.04 Note First legal obligation: one child (2000) (divorce)

DCF 150.04 Note Second legal obligation: 2 children (2006 and 2007) (intact family)

DCF 150.04 Note Third legal obligation: one child (2008) (paternity)

DCF 150.04 Note Calculation:

- See PDF for table

DCF 150.04(3) (3) Determining the child support obligations of split-placement parents. For parents who have 2 or more children and each parent has placement of one or more but not all of the children, the child support obligations may be determined as follows:

DCF 150.04(3)(a) (a) Determine each parent’s monthly income available for child support under s. DCF 150.03 (1). If a parent has one or more previous child support obligations, determine the parent’s monthly income available for child support adjusted for the previous obligations as provided in sub. (1).

DCF 150.04(3)(b) (b) Multiply the amount determined in par. (a) by the pro rata percentage standard for the number of children in split placement who are placed with the other parent. The pro rata percentage standard for the number of children in split placement who are placed with the other parent is calculated by determining the designated percentage for the total number of children, dividing by the total number of children, and adding together the percentages for the children in split-placement who are placed with the other parent.

DCF 150.04 Note Note: The pro-rata percentage standards for the number of children for whom support is being established are as follows:

DCF 150.04 Note 2 children   12.5% for each child   (25% ¸ 2)

DCF 150.04 Note 3 children   9.67% for each child   (29% ¸ 3)

DCF 150.04 Note 4 children   7.75% for each child   (31% ¸ 4)

DCF 150.04 Note 5 children   6.8% for each child   (34% ¸ 5)

DCF 150.04(3)(c) (c) Offset resulting amounts under par. (b) against each other. The parent with a greater child support obligation is the split-placement payer.

DCF 150.04 Note Note: The following example shows how to calculate the amount of child support for split-placement parents:

DCF 150.04 Note Assumptions:

DCF 150.04 Note Parent A and B have 3 children.

DCF 150.04 Note Parent A has placement of 2 children and Parent B has placement of one child.

DCF 150.04 Note Parent A’s monthly income available for child support is $2,000.

DCF 150.04 Note Parent B’s monthly income available for child support is $3,000.

DCF 150.04 Note Calculation:

DCF 150.04 Note Applicable percentage: 29%. Pro rata percentage is 9.67% per child.

DCF 150.04 Note Parent A: 2,000 X 9.67% (income x applicable pro rata % for one child placed with Parent B) = 193.40

DCF 150.04 Note Parent B: 3,000 X 19.34% (income x sum of pro rata % for 2 children placed with Parent A) = 580.20

DCF 150.04 Note Parent B is the payer. Obligation following offset = 386.80

DCF 150.04(4) (4) Determining the child support obligation of a low-income payer.

DCF 150.04(4)(a) (a) The court may use the monthly support amount provided in the schedule in Appendix C as the support amount for a payer with a monthly income available for child support at a level set forth in the schedule if the payer’s total economic circumstances limit the payer’s ability to pay support at the level determined under s. DCF 150.035. If a payer’s monthly income available for child support is below the lowest income level in Appendix C, the court may set an order at an amount appropriate for the payer’s total economic circumstances. This amount may be lower than the lowest support amount in Appendix C.

DCF 150.04(4)(b) (b) The department shall revise the schedule in Appendix C every year based on changes in the federal poverty guidelines since the schedule was last revised. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

DCF 150.04 Note Note: The schedule in Appendix C provides reduced percentage rates that may be used to determine the child support obligation for payers with an income below 150% of the federal poverty guidelines. If a payer’s monthly income available for child support is below 75% of the federal poverty guidelines, the court may order an amount appropriate for the payer’s total economic circumstances. For monthly income amount for child support between 75% and 150% of the federal poverty guidelines, the percentage rates in the schedule gradually increase as income increases. The percentage rates used in s. DCF 150.03 (1) apply to payers with income greater than or equal to 150% of the federal poverty guidelines.

DCF 150.04(5) (5) Determining the child support obligation of a high-income payer.

DCF 150.04(5)(a) (a) The payer’s full monthly income available for child support shall be considered in determining the payer’s child support obligation. The court may apply the reduced percentages under pars. (c) and (d) to income at the indicated levels.

DCF 150.04(5)(b) (b) The court shall apply the percentages in s. DCF 150.035 (2) to a payer’s monthly income available for child support that is less than $7,000.

DCF 150.04 Note Note: A monthly income of $7,000 is an annual income of $84,000.

DCF 150.04(5)(c) (c) The court may apply the following percentages to the portion of a payer’s monthly income available for child support that is greater than or equal to $7,000 and less than or equal to $12,500:

DCF 150.04(5)(c)1. 1. 14% for one child.

DCF 150.04(5)(c)2. 2. 20% for 2 children.

DCF 150.04(5)(c)3. 3. 23% for 3 children.

DCF 150.04(5)(c)4. 4. 25% for 4 children.

DCF 150.04(5)(c)5. 5. 27% for 5 or more children.

DCF 150.04 Note Note: A monthly income of $7,000 is an annual income of $84,000 and a monthly income of $12,500 is an annual income of $150,000. The percentages that apply to income between $84,000 and $150,000 are approximately 80% of the full percentage standards.

DCF 150.04(5)(d) (d) The court may apply the following percentages to the portion of a payer’s monthly income available for child support that is greater than $12,500:

DCF 150.04(5)(d)1. 1. 10% for one child.

DCF 150.04(5)(d)2. 2. 15% for 2 children.

DCF 150.04(5)(d)3. 3. 17% for 3 children.

DCF 150.04(5)(d)4. 4. 19% for 4 children.

DCF 150.04(5)(d)5. 5. 20% for 5 or more children.

DCF 150.04 Note Note: A monthly income of $12,500 is an annual income of $150,000. The standards that apply to income over $150,000 are approximately 60% of the full percentage standards.

DCF 150.04(6) (6) Combination of special circumstances.

DCF 150.04(6)(a) (a) General. The court may apply any combination of special circumstance provisions under subs. (1) to (5) to determine a child support obligation if the criteria apply and the combination of provisions is not specifically prohibited.