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LRB-1720/1
SWB&EAW:cdc
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Brooks, Brandtjen, Bowen,
Dittrich, Gundrum, Moses, Mursau, Skowronski, Tusler and Wichgers,
cosponsored by Senators Jacque and Ballweg. Referred to Committee on
Family Law.
AB104,1,5 1An Act to repeal 767.225 (1) (e); and to amend 565.30 (5m) (a), 767.34 (1),
2767.35 (1) (c), 767.511 (6m), 767.531 (intro.), 767.54, 767.553 (1) (a), 767.59 (1),
3767.61 (3) (i), 767.71 (1) (a), 767.73 (1) (a), 767.75 (1) (b), 767.77 (1) and 767.78
4(1) of the statutes; relating to: calculating the child support obligation and
5elimination of family support.
Analysis by the Legislative Reference Bureau
This bill reorganizes certain aspects of the Department of Children and
Families administrative rules relating to commonly used child support formulas in
order to reflect current practices. The manner of calculating the amount of child
support and the applicable formulas are not changed in the bill. The bill also makes
statutory changes to eliminate future family support orders.
Under current DCF rules, the child support formula that applies in a shared
physical placement arrangement is included among the formula for “special
circumstances.” The bill moves the formula that applies in a shared physical
placement arrangement to a new section of DCF's rules before all of the child support
formula variations. The bill also specifies that, under DCF rules, the designated
percentage that applies in a nonshared physical placement arrangement applies
only if the conditions for the shared placement formula do not apply.
The bill creates a new defined term under the DCF rules for a “designated
percentage,” to mean the applicable percentage of a parent's monthly income, or
adjusted monthly income, that is available for child support. The “designated

percentage” phrase is then used within the calculations for a shared-placement
arrangement and circumstances of a serial-family parent, split-placement parents,
and combinations of special circumstances.
The bill retitles the applicable DCF administrative code chapter from “Child
Support Percentage of Income Standard” to “Child Support Standard.” The bill also
removes the definition of the term “standard” or “percentage standard” from DCF's
rules and moves a Note appended to the definition of “standard” in the DCF rules to
the new definition of the “designated percentage.” The Note specifies that the
standard is based on national studies and is adjusted downward to reflect costs
incurred by a parent when a child is in the parent's care and costs to maintain a
child's health insurance.
The bill moves the listing of the designated percentage amounts, and the
standard that applies to a request for a deviation from the percentage standard, to
be placed with and follow the shared physical placement arrangement formula under
DCF's rules. The new section is titled, “Determining the child support obligation.”
The bill also updates cross-references within the DCF rules to reflect the
reorganization of the shared physical placement and designated percentage
provisions.
In addition to the administrative code changes, the bill also changes the
statutes to eliminate family support orders, providing that no new family support
orders may be issued beginning on the bill's effective date. Family support orders
issued before the bill's effective date would remain in effect and be subject to all
provisions in current law that apply to family support orders, including provisions
relating to calculating interest and the duties of DCF regarding application of
payments received.
Under current law, family support is an alternative that combines the
component parts of child support and maintenance in a single obligation, and is
based upon the same criteria that apply to orders for child support and maintenance.
Family support payments are treated as maintenance payments for federal and state
tax purposes, so that the family support payment amount is deductible to the
payor-spouse, and taxable to the recipient-spouse. However, under s. 11051 of the
federal Tax Cuts and Jobs Act of 2017, maintenance payments are no longer
deductible by the payor-spouse and are not included in income to the
recipient-spouse. This change applies to any divorce or separation instrument
executed after December 31, 2018. Divorce and separation instruments modified
after the December 31, 2018, effective date are subject to prior law unless the
modification expressly provides that the modified agreement be governed by the new
law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB104,1 1Section 1. 565.30 (5m) (a) of the statutes is amended to read:
AB104,3,14
1565.30 (5m) (a) The administrator shall report to the department of children
2and families the name, address, and social security number of each winner of a
3lottery prize that is payable in installments and the name, address, and social
4security number or federal income tax number of the person who has been assigned
5a lottery prize that is payable in installments. Upon receipt of the report, the
6department of children and families shall certify to the administrator whether any
7payee or assignee named in the report is obligated to provide child support, spousal
8support, maintenance, or family support under s. 767.531, 2019 stats., or s. 767.001
9(1) (f) or (g), 767.225, 767.34, 767.511, 767.531, 767.56, 767.804 (3), 767.805 (4),
10767.85, 767.863 (3), 767.89 (3), 767.893 (2m), or 948.22 (7) or ch. 769 and the amount
11required to be withheld from the lottery prize under s. 767.75. Subject to par. (b), the
12administrator shall withhold the certified amount from each payment made to the
13winner or assignee and remit the certified amount to the department of children and
14families.
AB104,2 15Section 2 . 767.225 (1) (e) of the statutes is repealed.
AB104,3 16Section 3 . 767.34 (1) of the statutes is amended to read:
AB104,3,2117 767.34 (1) Authority. The parties in an action for an annulment, divorce, or
18legal separation may, subject to the approval of the court, stipulate for a division of
19property, for maintenance payments, for the support of children, for periodic family
20support payments under s. 767.531,
or for legal custody and physical placement, in
21case a divorce or legal separation is granted or a marriage annulled.
AB104,4 22Section 4 . 767.35 (1) (c) of the statutes is amended to read:
AB104,4,223 767.35 (1) (c) To the extent that it has jurisdiction to do so, the court has
24considered and approved or made provision for legal custody and physical placement,

1the support of any child of the marriage entitled to support, the maintenance of either
2spouse, the support of the family under s. 767.531, and the disposition of property.
AB104,5 3Section 5 . 767.511 (6m) of the statutes is amended to read:
AB104,4,104 767.511 (6m) Pilot program on interest rate. The department may conduct
5a pilot program under which the interest that accrues on the amounts in arrears
6specified in sub. (6) and in s. 767.531, 2019 stats., and in sub. (6) shall be at the rate
7of 0.5 percent per month instead of 1 percent per month. If the department conducts
8a pilot program under this subsection, the program may begin at any time after
9December 31, 2013, and the new rate shall apply to interest that accrues during that
10time.
AB104,6 11Section 6 . 767.531 (intro.) of the statutes is amended to read:
AB104,4,24 12767.531 Family support. (intro.) The court may make a financial order
13designated “family support" as a substitute for child support orders under s. 767.511
14and maintenance payment orders under s. 767.56.
Subject to s. 767.511 (6m), a party
15ordered to pay family support under this section, 2019 stats., shall pay simple
16interest at the rate of 1 percent per month on any amount in arrears that is equal to
17or greater than the amount of child support due in one month. Subject to s. 767.511
18(6m), if the party no longer has a current obligation to pay child support, interest at
19the rate of 1 percent per month shall accrue on the total amount of child support in
20arrears, if any. Interest under this section is in lieu of interest computed under s.
21807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee
22under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee
23shall apply all payments received for family support ordered under this section, 2019
24stats.,
as follows:
AB104,7 25Section 7 . 767.54 of the statutes is amended to read:
AB104,5,10
1767.54 Required exchange of financial information. In an action in
2which the court has ordered a party to pay child or family support under s. 767.225,
32019 stats., or s.767.531, 2019 stats., or child support under
this chapter, including
4an action to revise a judgment or order under s. 767.59, the court shall require the
5parties annually to exchange financial information. Information disclosed under
6this section is subject to s. 767.127 (3). A party who fails to furnish information
7required by the court under this section may be proceeded against for contempt of
8court under ch. 785. If the court finds that a party has failed to furnish information
9required under this section, the court may award to the party bringing the action
10costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
AB104,8 11Section 8 . 767.553 (1) (a) of the statutes is amended to read:
AB104,5,1712 767.553 (1) (a) An order for child or family support under this chapter may
13provide for an annual adjustment in the amount to be paid based on a change in the
14payer's income if the amount of child or family support is expressed in the order as
15a fixed sum and based on the percentage standard established by the department
16under s. 49.22 (9). No adjustment may be made under this section unless the order
17provides for the adjustment.
AB104,9 18Section 9 . 767.59 (1) of the statutes is amended to read:
AB104,5,2419 767.59 (1) Definition. In this section, “support or maintenance order" means
20a judgment or order providing for child support under this chapter or s. 48.355 (2)
21(b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a),
22938.357 (5m) (a), 938.363 (2), or 948.22 (7), for maintenance payments under s.
23767.56, for family support payments under this chapter s. 767.531, 2019 stats., or for
24the appointment of trustees or receivers under s. 767.57 (5).
AB104,10 25Section 10 . 767.61 (3) (i) of the statutes is amended to read:
AB104,6,4
1767.61 (3) (i) The amount and duration of an order under s. 767.56 granting
2maintenance payments to either party, any order for periodic family support
3payments under s. 767.531, 2019 stats., and whether the property division is in lieu
4of such payments.
AB104,11 5Section 11 . 767.71 (1) (a) of the statutes is amended to read:
AB104,6,96 767.71 (1) (a) In this section, “support order" means an order for child support
7under this chapter or s. 948.22 (7), an order for family support under this chapter,
82019 stats., or a stipulation approved by the court for child support under this
9chapter.
AB104,12 10Section 12. 767.73 (1) (a) of the statutes is amended to read:
AB104,6,1511 767.73 (1) (a) In this subsection, “support payment" means a payment ordered
12for support under s. 767.521, support under s. 767.501, child support or family
13support under s. 767.225, family support under s. 767.531, 2019 stats., revised child
14or family support under s. 767.59, or child support under s. 767.511, 767.804 (3),
15767.805 (4), 767.85, 767.863 (3), 767.89, or 948.22 (7) or ch. 769.
AB104,13 16Section 13. 767.75 (1) (b) of the statutes is amended to read:
AB104,7,217 767.75 (1) (b) “Payment order" means an order for child support under this
18chapter, for maintenance payments under s. 767.225 or 767.56, for family support
19under this chapter, 2019 stats., for costs ordered under s. 767.804 (3), 767.805 (4), or
20767.89 (3), for support by a spouse under s. 767.001 (1) (f), or for maintenance
21payments under s. 767.001 (1) (g); an order for or obligation to pay the annual
22receiving and disbursing fee under s. 767.57 (1e) (a); an order for a revision in a
23judgment or order with respect to child support, maintenance, or family support
24payments under s. 767.59; a stipulation approved by the court for child support

1under this chapter; and an order for child or spousal support entered under s. 948.22
2(7).
AB104,14 3Section 14. 767.77 (1) of the statutes is amended to read:
AB104,7,124 767.77 (1) Definition. In this section, “payment obligation" means an
5obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
6(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
7or maintenance under s. 767.501, child support, family support, or maintenance
8under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
9family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., attorney fees
10under s. 767.241, child support or a child's health care expenses under s. 767.85,
11paternity obligations under s. 767.804 (3), 767.805 (4), 767.863 (3), or 767.89, support
12arrearages under s. 767.71, or child or spousal support under s. 948.22 (7).
AB104,15 13Section 15. 767.78 (1) of the statutes is amended to read:
AB104,7,1814 767.78 (1) Definition. In this section, “financial obligation" means an
15obligation for payment incurred under s. 767.531, 2019 stats., or s. 48.355 (2) (b) 4.
16or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56,
17767.61, 767.71, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4),
18938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
AB104,16 19Section 16 . Chapter DCF 150 (title) of the administrative code is amended to
20read:
AB104,7,2121 Chapter dcf 150
AB104,7,2222 child support percentage of
AB104,7,23 23income standard
AB104,17 24Section 17 . DCF 150.02 (9m) of the administrative code is created to read:
AB104,8,3
1DCF 150.02 (9m) “Designated percentage” means the applicable percentage
2of a parent's monthly income available for child support or adjusted monthly income
3available for child support under s. DCF 150.035 (2) or 150.04 (4) or (5).
AB104,18 4Section 18 . DCF 150.02 (19) of the administrative code is amended to read:
AB104,8,105 DCF 150.02 (19) “Low-income payer" means a payer for whom the court uses
6the monthly support amount provided in the schedule in Appendix C based on the
7court's determination that the payer's total economic circumstances limit his or her
8ability to pay support at the level provided under s. DCF 150.03 (1) 150.035 and the
9payer's income available for child support is at a level set forth in the schedule in
10Appendix C.
AB104,19 11Section 19 . DCF 150.02 (26) of the administrative code is amended to read:
AB104,8,1412 DCF 150.02 (26) “Shared-placement payer" means the shared-placement
13parent who is determined to owe a greater support amount than the other parent
14under the calculation in s. DCF 150.04 (2) (b) 150.035 (1).
AB104,20 15Section 20 . DCF 150.02 (28) of the administrative code is repealed.
AB104,21 16Section 21 . DCF 150.02 (28) Note of the administrative code is renumbered
17DCF 150.02 (9m) Note.
AB104,22 18Section 22 . DCF 150.03 (1) (intro.) of the administrative code is renumbered
19DCF 150.03 (1) and amended to read:
AB104,9,420 DCF 150.03 (1) Determining income available for child support using the
21percentage standard
. The court shall determine a parent's monthly income
22available for child support by adding together the parent's annual gross income or,
23if applicable, the parent's annual income modified for business expenses; the parent's
24annual income imputed based on earning capacity; and the parent's annual income
25imputed from assets, and dividing that total by 12. This may be done by completing

1the worksheet in Appendix B, although use of the worksheet for this purpose is not
2required. Except as provided in s. DCF 150.04 (4) and (5), the percentage of the
3parent's monthly income available for child support or adjusted monthly income
4available for child support that constitutes the child support obligation shall be:
AB104,23 5Section 23 . DCF 150.03 (1) (a) to (e) of the administrative code are renumbered
6DCF 150.035 (2) (a) to (e).
AB104,24 7Section 24 . DCF 150.03 (1) (e) Note of the administrative code is renumbered
8DCF 150.035 (2) (e) Note.
AB104,25 9Section 25 . DCF 150.03 (5) (a) of the administrative code is amended to read:
AB104,9,1710 DCF 150.03 (5) (a) The court may consider a child's benefit under 42 USC 402
11(d) based on a parent's entitlement to federal disability or old-age insurance benefits
12under 42 USC 401 to 433 and adjust a payer's child support obligation by subtracting
13the amount of the child's benefit received by the payee. In no case may this
14adjustment require the payee to reimburse the payer for any portion of the child's
15benefit. If the payer is receiving the child's benefit, the support amount is either the
16designated percentage standard applied to the payer's income or the amount of the
17child's benefit, whichever is greater.
AB104,26 18Section 26 . DCF 150.03 (5) (b) (intro.), 2. and 7. of the administrative code are
19amended to read:
AB104,9,2520 DCF 150.03 (5) (b) (intro.) If the shared-placement guidelines under s. DCF
21150.04 (2) 150.035 (1) apply, the child's benefit is split between the parents in
22proportion to the amount of time the child spends with each parent. Add the
23proportion of the child's benefit that represents the proportion of time the child
24spends with the parent not receiving the benefit to the support obligation of the
25parent who is receiving the child's benefit. Support shall be determined as follows:
AB104,10,2
12. Multiply each parent's monthly income available for child support by the
2appropriate designated percentage standard under s. DCF 150.03 (1).
AB104,10,73 7. Offset the resulting amounts against each other. The parent with the greater
4child support obligation is the shared-placement payer. The shared-placement
5payer shall pay either the lesser of the amount determined in this subsection or the
6amount determined using the appropriate designated percentage standard under s.
7DCF 150.03 (1)
.
AB104,27 8Section 27 . DCF 150.03 (5m) (intro.), (a), (b) and (g) of the administrative code
9are amended to read:
AB104,10,1710 DCF 150.03 (5m) (intro.) Adjustment for adoption assistance. The court may
11consider adoption assistance received by either parent under s. 48.975 (3) (a), Stats.
12If the shared placement guidelines under s. DCF 150.04 (2) 150.035 (1) apply, the
13adoption assistance should be split between the parents in proportion to the amount
14of time the child spends with each parent. Add the proportion of the adoption
15assistance that represents the proportion of time the child spends with the parent
16not receiving the adoption assistance to the support obligation of the parent who is
17receiving the adoption assistance. Support shall be determined as follows:
AB104,10,2218 (a) Determine each parent's monthly income available for child support under
19s. DCF 150.03 (1) (intro.). If a parent has one or more previous child support
20obligations, determine the parent's monthly income available for child support
21adjusted for the previous obligations as provided in s. DCF 150.04 (1). Do not include
22the adoption assistance under s. 48.975 (3) (a), Stats., in either parent's income.
AB104,10,2423 (b) Multiply each parent's monthly income available for child support by the
24appropriate designated percentage standard under s. DCF 150.03 (1).
AB104,11,5
1(g) Offset the resulting amounts against each other. The parent with the
2greater child support obligation is the shared-placement payer. The
3shared-placement payer shall pay the lesser of the amount determined in this
4subsection or the amount determined using the appropriate designated percentage
5standard under s. DCF 150.03 (1).
AB104,28 6Section 28 . DCF 150.03 (7) of the administrative code is amended to read:
AB104,11,117 DCF 150.03 (7) Calculation of family support. When the standard under sub.
8(1)
designated percentage is used to calculate support under s. 767.531, Stats., the
9amount determined shall be increased by the amount necessary to provide a net
10family support payment, after state and federal income taxes are paid, of at least the
11amount of a child support payment under the standard.
AB104,29 12Section 29 . DCF 150.03 (11) of the administrative code is renumbered DCF
13150.035 (3) and amended to read:
AB104,11,1814 DCF 150.035 (3) Deviation from the percentage standard. (a) Upon request
15by a party, the court may modify the amount of child support payments determined
16under sub. (1) (2) if, after considering the factors in s. 767.511 (1m), Stats., as
17applicable, the court finds by the greater weight of the credible evidence that use of
18the designated percentage standard is unfair to the child or to any of the parties.
AB104,11,2519 (b) If the court under par. (a) modifies the amount of child support payment
20determined under sub. (1) (2), the court shall state in writing or on the record the
21amount of support that would be required by using the designated percentage
22standard under sub. (1), the amount by which the court's order deviates from that
23amount, its reasons for finding that use of the designated percentage standard is
24unfair to the child or the party, its reasons for the amount of the modification and the
25basis for the modification as provided under s. 767.511 (1n), Stats.
AB104,30
1Section 30. DCF 150.035 (title) and (2) of the administrative code are created
2to read:
AB104,12,3 3DCF 150.035 (title) Determining the child support obligation.
AB104,12,8 4(2) Determining the child support obligation of nonshared placement
5parents.
If the conditions under sub. (1) (a) are not met, the child support obligation
6is one of the following percentages of the parent's monthly income available for child
7support or adjusted monthly income available for child support, except as provided
8under s. DCF 150.04 (4) or (5):
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