Chapter DCF 150

DCF 150.03(5m) (5m) Adjustment for adoption assistance. The court may consider adoption assistance received by either parent under s. 48.975 (3) (a), Stats. If the shared placement guidelines under s. DCF 150.035 (1) apply, the adoption assistance should be split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the adoption assistance that represents the proportion of time the child spends with the parent not receiving the adoption assistance to the support obligation of the parent who is receiving the adoption assistance. Support shall be determined as follows:

DCF 150.03(5m)(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 s. DCF 150.04 (1). Do not include the adoption assistance under s. 48.975 (3) (a), Stats., in either parent’s income.

DCF 150.03(5m)(b) (b) Multiply each parent’s monthly income available for child support by the designated percentage.

DCF 150.03(5m)(c) (c) Multiply each amount determined under par. (b) by 150%.

DCF 150.03(5m)(d) (d) Multiply the amount determined for each parent in par. (c) by the proportion of time that the child spends with the other parent.

DCF 150.03(5m)(e) (e) Multiply the amount of the adoption assistance by the proportion of the time the child spends with the parent who is not receiving the child’s benefit.

DCF 150.03(5m)(f) (f) Add the amount in par. (e) to the child support obligation calculated in par. (d) for the parent who is receiving the adoption assistance.

DCF 150.03(5m)(g) (g) Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined in this subsection or the amount determined using the designated percentage.

DCF 150.03 Note Note: Section 46.10 (14) (cm) 1., Stats., caps the amount that adoptive parent/s may be ordered to pay for child support to the amount of the adoption assistance.

DCF 150.03(6) (6) Determine child support before maintenance. If a payer will have obligations for both child support and maintenance to the same payee, the court shall determine the payer’s child support obligation under this chapter before determining the payer’s maintenance obligation under s. 767.56, Stats.

DCF 150.03(7) (7) Calculation of family support. When the designated percentage is used to calculate support under s. 767.531, 2019 Stats., the amount determined shall be increased by the amount necessary to provide a net family support payment, after state and federal income taxes are paid, of at least the amount of a child support payment under the standard.

DCF 150.03(8) (8) Expression of ordered support. The support amount shall be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer’s income and the requirements under s. 767.34 (2) (am) 1. to 3., Stats., are satisfied.

DCF 150.03(9) (9) Trust. The court may protect and promote the best interests of the minor children by setting aside a portion of the child support that either party is ordered to pay in a separate fund or trust for the support, education, and welfare of such children.

DCF 150.03(10) (10) Dependency exemption. The court may order the payee to waive the federal dependency exemption provided that the payee’s execution of the exemption waiver is made contingent on the receipt of child support payments.

DCF 150.03 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (intro.), Register, August, 1987, No. 380, eff. 9-1-87; am. (1) (intro.), renum. (2) to (4) to be (4) to (6) and am. (5), cr. (2), (3), (7), Register, February, 1995, No. 470, eff. 3-1-95; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 03-022: r. and recr. (1) (intro), (2), (3), and (5), renum. (4), (6) and (7) to be (7), (10) and (11), cr. (4), cr. (6), (8) and (9) Register December 2003 No. 576, eff. 1-1-04; corrections in (6), (7), (8). (11) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; corrections in (1) (intro.), (2) (b), (4) (a) 1. and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-066: am. (3) Register December 2008 No. 636, eff. 1-1-09; CR 16-075: am. (3), renum. (5) to (5) (a) and am., cr. (5) (b), (5m) Register June 2018 No. 750, eff. 7-1-18; CR 18-087: am. (5) (b) 7. Register June 2019 No. 762, eff. 7-1-19; 2021 Wis. Act 35: (1) renum. from (1) (intro.) and am., (1) (a) to (e) renum. to DCF 150.035 (2) (a) to (e), am. (5) (a), (b) (intro.) 2., 7., (5m) (intro.), (a), (b), (g), (7), (11) renum. to DCF 150.035 (3) and am. Register June 2021 No. 786, eff. 12-1-21; correction in (5) (b) 1. made under s. 35.17, Stats., Register December 2021 No. 792; CR 23-011: am. (1), r. and recr. (3), cr. (3m) Register December 2023 No. 816, eff. 1-1-24.

DCF 150.035 DCF 150.035 Determining the child support obligation.

DCF 150.035(1) (1) Determining the child support obligations of shared-placement parents.

DCF 150.035(1)(a) (a) Applicability. The shared-placement formula may be applied when all of the following conditions are met:

DCF 150.035(1)(a)1. 1. Both parents have court-ordered periods of placement of at least 25 percent or 92 days per year based on the number of overnights or equivalent care under par. (ar) provided by each parent.

DCF 150.035(1)(a)2. 2. Each parent is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement of the child.

DCF 150.035(1)(ag) (ag) Periods of placement and total number of overnights.

DCF 150.035(1)(ag)1. 1. A parent’s period of placement shall be determined by calculating the number of overnights or equivalent care under par. (ar) ordered to be provided by the parent and dividing that number by the total number of overnights in a year.

DCF 150.035(1)(ag)2. 2. When a parent is providing court-ordered equivalent care of the child under par. (ar), the total number of overnights in a year may exceed 365.

DCF 150.035(1)(ag)3. 3. The combined periods of court-ordered placement for both parents shall equal the total number of overnights.

DCF 150.035(1)(ar) (ar) Equivalent care.

DCF 150.035(1)(ar)1. 1. ‘General.’ A parent’s court-ordered period of placement may include periods when the parent is caring for the child that is not overnight, but is determined by the court to require the parent to assume basic support costs that are substantially equivalent to what the parent would spend to care for the child overnight, subject to subd. 2.

DCF 150.035 Note Note: For example, a parent working 3rd shift who is generally unable to provide overnight care may be eligible to receive credit for equivalent care provided during the day.

DCF 150.035(1)(ar)2. 2. ‘No duplicate credit.’ A parent may not receive credit for equivalent care of the child during a period that is within 24 hours of a period for which the parent receives credit for overnight care of the child, unless the other parent is providing overnight care the night before and night after the period when the equivalent care is provided.

DCF 150.035 Note Note: The exception clarifies that Parent A may be eligible for equivalent care credit for care provided on Monday morning after providing overnight care on Saturday night if Parent B is providing overnight care on Sunday and Monday nights.

DCF 150.035(1)(ar)3. 3. ‘Calculation of equivalent care.’ A block of time during which the parent cares for the child for at least 6 hours may be considered the equivalent of a half-day if the parent provides a meal during this period. Two half-day blocks are an equivalent of one overnight for purposes of the calculation.

DCF 150.035(1)(b) (b) Determination. The child support obligations for parents who meet the requirements of par. (a) may be determined as follows:

DCF 150.035(1)(b)1. 1. Determine each parent’s monthly income available for child support under s. DCF 150.03 (1). In determining whether to impute income based on earning capacity for an unemployed parent or a parent employed less than full time under s. DCF 150.03 (3), the court shall consider benefits to the child of having a parent remain in the home during periods of placement and the additional variable day care costs that would be incurred if the parent worked more. 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 s. DCF 150.04 (1).

DCF 150.035(1)(b)2. 2. Multiply each parent’s monthly income available for child support by the designated percentage.

DCF 150.035(1)(b)3. 3. Multiply each amount determined under subd. 2. by 150%.

DCF 150.035 Note Note: The 150% accounts for household maintenance expenditures duplicated by both parents, such as a bedroom, clothes, and personal items.

DCF 150.035(1)(b)4. 4. Multiply the amount determined for each parent under subd. 3. by the proportion of the time that the child spends with the other parent to determine each parent’s child support obligation.

DCF 150.035(1)(b)5. 5. Offset resulting amounts under subd. 4. against each other. The parent with a greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined under this subdivision or the amount determined using the designated percentage. If the shared-placement payer is also a low-income or high-income payer, the court may combine the provisions of either s. DCF 150.04 (4) or (5) with the provisions of this section.

DCF 150.035(1)(b)6. 6. In addition to the child support obligation determined under subd. 5., the court shall assign responsibility for payment of the child’s variable costs in proportion to each parent’s share of physical placement, and based upon a detailed list of the variable costs provided by the parties. Due consideration shall be given to a disparity in the parents’ income and the transportation costs associated with each parent’s respective periods of physical placement. The court shall direct the manner of payment of a variable cost order to be either between the parents or from a parent to a third-party service provider. The court shall not direct payment of variable costs to be made to the department or the department’s designee.

DCF 150.035(1)(b)7. 7. A change in the child’s variable costs shall not in and of itself be considered a substantial change in circumstances sufficient to justify a revision of a judgment or order under s. 767.59, Stats.

DCF 150.035 Note Note: The following example shows how to calculate the child support obligations of shared-placement parents.

DCF 150.035 Note Number of children: Two

DCF 150.035 Note Parent A:   $2,000 monthly income available for child support

DCF 150.035 Note   Court-ordered placement of the child for 219 days a year or 60%.

DCF 150.035 Note Parent B:   $3,000 monthly income available for child support

DCF 150.035 Note   Court-ordered placement of the child for 146 days a year or 40%.

DCF 150.035 Note Example of equivalent care:

DCF 150.035 Note Number of children: Two

DCF 150.035 Note Parent A: $2,000 monthly income available for child support

DCF 150.035 Note Parent A has court-ordered placement of the child 271 days a year or 74%.

DCF 150.035 Note Parent B: $3,000 monthly income available for child support

DCF 150.035 Note Parent B has court-ordered placement of the child 94 days a year or 26%.

DCF 150.035 Note Parent B also provides day care 4 days a week from 3 pm – 9 pm and

DCF 150.035 Note Provides dinner to the children 46 weeks per year.

DCF 150.035 Note (4) 6 hour blocks per week = 2 overnights X 46 weeks= 92 overnights per year

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

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.