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SB105,8,105 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.
SB105,19 11Section 19 . DCF 150.02 (26) of the administrative code is amended to read:
SB105,8,1412 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).
SB105,20 15Section 20 . DCF 150.02 (28) of the administrative code is repealed.
SB105,21 16Section 21 . DCF 150.02 (28) Note of the administrative code is renumbered
17DCF 150.02 (9m) Note.
SB105,22 18Section 22 . DCF 150.03 (1) (intro.) of the administrative code is renumbered
19DCF 150.03 (1) and amended to read:
SB105,9,420 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:
SB105,23 5Section 23 . DCF 150.03 (1) (a) to (e) of the administrative code are renumbered
6DCF 150.035 (2) (a) to (e).
SB105,24 7Section 24 . DCF 150.03 (1) (e) Note of the administrative code is renumbered
8DCF 150.035 (2) (e) Note.
SB105,25 9Section 25 . DCF 150.03 (5) (a) of the administrative code is amended to read:
SB105,9,1710 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.
SB105,26 18Section 26 . DCF 150.03 (5) (b) (intro.), 2. and 7. of the administrative code are
19amended to read:
SB105,9,2520 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:
SB105,10,2
12. Multiply each parent's monthly income available for child support by the
2appropriate designated percentage standard under s. DCF 150.03 (1).
SB105,10,73 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)
.
SB105,27 8Section 27 . DCF 150.03 (5m) (intro.), (a), (b) and (g) of the administrative code
9are amended to read:
SB105,10,1710 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:
SB105,10,2218 (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.
SB105,10,2423 (b) Multiply each parent's monthly income available for child support by the
24appropriate designated percentage standard under s. DCF 150.03 (1).
SB105,11,5
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).
SB105,28 6Section 28 . DCF 150.03 (7) of the administrative code is amended to read:
SB105,11,117 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.
SB105,29 12Section 29 . DCF 150.03 (11) of the administrative code is renumbered DCF
13150.035 (3) and amended to read:
SB105,11,1814 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.
SB105,11,2519 (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.
SB105,30
1Section 30. DCF 150.035 (title) and (2) of the administrative code are created
2to read:
SB105,12,3 3DCF 150.035 (title) Determining the child support obligation.
SB105,12,8 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):
SB105,31 9Section 31 . DCF 150.04 (1) (b) 1. and 3. a. and b. of the administrative code
10are amended to read:
SB105,12,1211 DCF 150.04 (1) (b) 1. Determine the parent's monthly income available for
12child support under s. DCF 150.03 (1) (intro.).
SB105,12,1513 3. a. If the parent is subject to an existing support order for that legal obligation,
14except a shared-placement order under s. DCF 150.04 (2) 150.035 (1), the support
15for that obligation is the monthly amount of that order.
SB105,12,2016 b. If the parent is in an intact family or is subject to a shared-placement order
17under s. DCF 150.04 (2) 150.035 (1), the support is determined by multiplying the
18appropriate designated percentage under s. DCF 150.03 (1) for that number of
19children by the parent's monthly income available for child support or, if applicable,
20determine support under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1).
SB105,32 21Section 32 . DCF 150.04 (1) (b) 5. a. and b. of the administrative code are
22amended to read:
SB105,12,2523 DCF 150.04 (1) (b) 5. a. If the parent is subject to an existing support order for
24that legal obligation, except a shared-placement order under s. DCF 150.04 (2)
25150.035 (1), the support for that obligation is the monthly amount of that order.
SB105,13,5
1b. If the parent is in an intact family or is subject to a shared-placement order
2under s. DCF 150.04 (2) 150.035 (1), the support is determined by multiplying the
3appropriate designated percentage under s. DCF 150.03 (1) for that number of
4children by the parent's monthly income available for child support or, if applicable,
5determine support under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1).
SB105,33 6Section 33 . DCF 150.04 (1) (b) 8. of the administrative code is amended to read:
SB105,13,157 DCF 150.04 (1) (b) 8. Multiply the appropriate designated percentage under
8s. DCF 150.03 (1)
for the number of children subject to the new order by the final
9adjusted monthly income available for child support determined in either subd. 6. or
107. to determine the new child support obligation or if applicable, determine the new
11child support obligation under sub. (2), (3), (4), or (5) or s. DCF 150.035 (1). If
12multiple child support obligations reduce a serial-family parent's income to a level
13set forth in the schedule in ch. DCF 150 Appendix C, the court may combine the
14provisions of this subsection with the provisions for determining the support
15obligation of a low-income payer under s. DCF 150.04 (4).
SB105,34 16Section 34 . DCF 150.04 (2) of the administrative code is renumbered DCF
17150.035 (1), and DCF 150.035 (1) (b) 1., 2. and 5., as renumbered, are amended to
18read:
SB105,14,219 DCF 150.035 (1) (b) 1. Determine each parent's monthly income available for
20child support under s. DCF 150.03 (1). In determining whether to impute income
21based on earning capacity for an unemployed parent or a parent employed less than
22full time under s. DCF 150.03 (3), the court shall consider benefits to the child of
23having a parent remain in the home during periods of placement and the additional
24variable day care costs that would be incurred if the parent worked more. If a parent
25has one or more previous child support obligations, determine the parent's monthly

1income available for child support adjusted for the previous obligations as provided
2in sub. s. DCF 150.04 (1).
SB105,14,43 2. Multiply each parent's monthly income available for child support by the
4appropriate designated percentage standard under s. DCF 150.03 (1).
SB105,14,115 5. Offset resulting amounts under subd. 4. against each other. The parent with
6a greater child support obligation is the shared-placement payer. The
7shared-placement payer shall pay the lesser of the amount determined under this
8subd. subdivision or the amount determined using the appropriate designated
9percentage standard under s. DCF 150.03 (1). If the shared-placement payer is also
10a low-income or high-income payer, the court may combine the provisions of either
11sub. s. DCF 150.04 (4) or (5) with the provisions of this section.
SB105,35 12Section 35 . DCF 150.04 (3) (b) of the administrative code is amended to read:
SB105,14,2013 DCF 150.04 (3) (b) Multiply the amount determined in par. (a) by the pro rata
14percentage standard for the number of children in split placement who are placed
15with the other parent. The pro rata percentage standard for the number of children
16in split placement who are placed with the other parent is calculated by determining
17the appropriate designated percentage standard under s. DCF 150.03 (1) for the total
18number of children, dividing by the total number of children, and adding together the
19percentages for the children in split-placement who are placed with the other
20parent.
SB105,36 21Section 36 . DCF 150.04 (4) (a) of the administrative code is amended to read:
SB105,15,422 DCF 150.04 (4) (a) The court may use the monthly support amount provided
23in the schedule in Appendix C as the support amount for a payer with a monthly
24income available for child support at a level set forth in the schedule if the payer's
25total economic circumstances limit his or her ability to pay support at the level

1determined under s. DCF 150.03 (1) 150.035. If a payer's monthly income available
2for child support is below the lowest income level in Appendix C, the court may set
3an order at an amount appropriate for the payer's total economic circumstances.
4This amount may be lower than the lowest support amount in Appendix C.
SB105,37 5Section 37 . DCF 150.04 (5) (b) of the administrative code is amended to read:
SB105,15,86 DCF 150.04 (5) (b) The court shall apply the percentages in s. DCF 150.03 (1)
7150.035 (2) to a payer's monthly income available for child support that is less than
8$7,000.
SB105,38 9Section 38 . DCF 150.04 (6) (b) 1. and 4. of the administrative code are
10amended to read:
SB105,15,1611 DCF 150.04 (6) (b) 1. Determine the pro rata percentage standard for the total
12number of children for whom support is being established. The pro rata percentage
13standard for the total number of children for whom support is being established is
14calculated by determining the appropriate designated percentage standard under s.
15DCF 150.03 (1)
for the total number of children and dividing by the total number of
16children.
SB105,15,2417 4. Add or offset the child support obligation for children placed with the other
18parent full-time under subd. 2. with the child support obligation for children in
19shared-placement under subd. 3. e. The parent with a greater child support
20obligation is the payer. The payer shall pay the lesser of the amount determined
21under this subdivision or the amount determined using the appropriate designated
22percentage standard under s. DCF 150.03 (1). If the payer under this subdivision is
23also a low-income payer, the child support obligation may be the lesser of the amount
24determined under this subdivision or under sub. (4).
SB105,39
1Section 39. DCF 150.04 (6) (c) 1. b. and 3. of the administrative code are
2amended to read:
SB105,16,53 DCF 150.04 (6) (c) 1. b. If no court-ordered support obligation exists,
4multiplying the appropriate designated percentage under DCF 150.03 (1) by the
5parent's monthly income available for child support.
SB105,16,96 3. Multiply the appropriate designated percentage under s. DCF 150.03 (1) for
7the number of children subject to the new order by the final adjusted monthly income
8available for child support determined under subd. 2. to determine the new child
9support obligation.
SB105,40 10Section 40. Initial applicability.
SB105,16,1411 (1) The treatment of ss. 565.30 (5m) (a), 767.225 (1) (e), 767.34 (1), 767.35 (1)
12(c), 767.511 (6m), 767.531 (intro.), 767.54, 767.553 (1) (a), 767.59 (1), 767.61 (3) (i),
13767.71 (1) (a), 767.73 (1) (a), 767.75 (1) (b), 767.77 (1), and 767.78 (1) first applies to
14orders entered on the effective date of this subsection.
SB105,41 15Section 41. Effective dates. This act takes effect on the day after publication,
16except as follows:
SB105,16,1817 (1) The treatment of administrative rules takes effect on the first day of the 7th
18month beginning after publication.
SB105,16,1919 (End)
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