Chapter DCF 150

DCF 150.04 Note Note: Example of a combination of split-placement and shared-placement:

DCF 150.04 Note Assumptions:

DCF 150.04 Note 3 children

DCF 150.04 Note Parent A:

DCF 150.04 Note 2 children full time

DCF 150.04 Note 1 child 30%

DCF 150.04 Note $2,000/month income

DCF 150.04 Note Parent B:

DCF 150.04 Note 1 child 70%

DCF 150.04 Note $3,000/month income

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:

DCF 150.04 Note 2,000 x 9.67% (income x applicable pro rata % for child shared with Parent B) = 193.40\

DCF 150.04 Note x 1.5 (150%) =290.10

DCF 150.04 Note x 70% (% of time child is with parent B) = 203.07

DCF 150.04 Note Parent B:

DCF 150.04 Note 3,000 x 19.34% (income x sum of pro rata percentage standards for 2 children who are placed full-time with Parent A) = 580.20

DCF 150.04 Note 3,000 x 9.67% (income x applicable % for one child shared with parent A) = 290.10

DCF 150.04 Note x 1.5 (150%) = 435.15

DCF 150.04 Note x 30% (Child placed with parent A) = 130.55

DCF 150.04 Note Parent A’s obligation = 203.07 (1 shared child)

DCF 150.04 Note Parent B’s obligation = 130.55 (1 shared child) + 580.20 (2 children full-time with Parent A) = 710.75

DCF 150.04 Note Parent B is the payer. Total obligation following offset = $507.68

DCF 150.04(6)(c) (c) Shared-placement and serial-family parent. If a parent is a serial-family parent, including a serial-family parent in an intact family, and a child support obligation is being established for that parent’s children from a subsequent family or a subsequent paternity judgment in which both parents will have periods of placement of at least 25% or 92 days a year, the child support obligations may be determined as follows:

DCF 150.04(6)(c)1. 1. Determine the first child support obligation by either of the following:

DCF 150.04(6)(c)1.a. a. The court-ordered amount of the first child support obligation.

DCF 150.04(6)(c)1.b. b. If no court-ordered support obligation exists, multiplying the designated percentage by the parent’s monthly income available for child support.

DCF 150.04(6)(c)2. 2. Determine the child support obligation for the subsequent family by adjusting the monthly income available for child support by subtracting the support for the first legal obligation under subd. 1. from the parent’s monthly income available for child support under subd. 1.

DCF 150.04(6)(c)3. 3. 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 under subd. 2. to determine the new child support obligation.

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 for a subsequent family and both parents will have periods of placement of at least 25% or 92 days.

DCF 150.04 Note Assumption:

DCF 150.04 Note Parent A: $2000 monthly income available for child support

DCF 150.04 Note Parent A has court ordered placement for 219 days a year or 60%

DCF 150.04 Note Parent A has a child from a previous relationship living with him or her

DCF 150.04 Note Parent B: $3000 monthly income available for child support

DCF 150.04 Note Parent B has court ordered placement for 146 days a year or 40%

DCF 150.04 Note Calculation:

DCF 150.04 Note Parent A’s monthly income available for child support $2000

DCF 150.04 Note Parent A’s first legal obligation for support to a child

DCF 150.04 Note in an intact family = 17%   $340

DCF 150.04 Note Adjust Parent A’s monthly income available for

DCF 150.04 Note child support   $2000

DCF 150.04 Note     -340

DCF 150.04 Note Adjusted monthly income available for support $1660

DCF 150.04 Note Determine support for the second legal obligation

DCF 150.04 Note (shared placement):

DCF 150.04 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (a), (b) (intro.) and 1., (3) (intro.), (a) and (c), r. and recr. (2), Register, August, 1987, No. 380, eff. 9-1-87; r. and recr. (1), (2), Register, February, 1995, No. 470, eff. 3-1-95; CR 03-022: am (1) (b) 3. a., b., 4., 5. a., b., 6., 8., r. and recr. (2), and (3), cr. (4) and (5) Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (b), (2) (b), (3) (a), (b), (4) (a) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-066: am. (4) (b) Register December 2008 No. 636, eff. 1-1-09; CR 09-036: am. (1), (2) (b) 1. and (3) (a), r. and recr. (3) (b), cr. (6) Register November 2009 No. 647, eff. 1-1-10; corrections in (6) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2009 No. 647; CR 16-075: am. (1) (a), (b) 8., (2) (a) 1., (b) 5., 6., cr. (2) (b) 7., (6) (c) Register June 2018 No. 750, eff. 7-1-18; correction in (1) (b) 8. made under s. 35.17, Stats., Register June 2018 No. 750; 2021 Wis. Act 35: am. (1) (b) 1., 3. a., b., 5. a., b., 8.,(2) renum. to DCF 150.035 (1) and, as renumbered, am. (b) 1., 2., 5., am. (3) (b), (4) (a), (5) (b), (6) (b) 1., 4., (c) 1. b., 3. Register June 2021 No. 786, eff. 12-1-21; CR 23-011: am. (1) (b) 3. a., (4) (a) Register December 2023 No. 816, eff. 1-1-24.

DCF 150.05 DCF 150.05 Medical support.

DCF 150.05(1) (1) Responsibility for health expenses. In addition to ordering child support for a child under this chapter, the court shall specifically assign responsibility for and direct the manner of payment for the child’s health expenses under s. 767.513, Stats.

DCF 150.05(1)(a) (a) In this section, “private health insurance” does not include a medical program under subch. IV or V of ch. 49, Stats.

DCF 150.05 Note Note: The BadgerCare Plus program under s. 49.471, Stats., is in subch. IV of ch. 49, Stats.

DCF 150.05(1)(b) (b) Except as provided in pars. (d) and (e), the court may order either or both parents to enroll a child in a private health insurance plan that is accessible to the child and available at a reasonable cost, as follows:

DCF 150.05(1)(b)1. 1. The court may consider a private health insurance plan to be accessible to the child if the plan’s service providers are located within a reasonable distance from the child’s home. In general, service providers may be considered within a reasonable distance if they are located within 30 minutes or 30 miles of the child’s residence, with a greater distance allowed in some rural areas.

DCF 150.05(1)(b)2. 2. The court may consider a private-health insurance plan to be available at a reasonable cost if the cost of the policy does not exceed 10% of the insuring parent’s monthly income available for child support and would cover hospitalization and other medical costs without large out-of-pocket deductibles or copayments. The 10% standard applies to the full cost of the health insurance, including the cost of self-only coverage and the cost to that parent after adding the child or children.

DCF 150.05(1)(b)3. 3. The court may order the non-insuring parent to contribute to the cost to enroll the children in a private health insurance plan in an amount that does not exceed 10% of the non-insuring parent’s monthly income available for child support. A contribution to the cost to enroll the children may not exceed the cost to add the child or children to existing coverage. If the parent ordered to enroll the children does not have single coverage, a contribution to the cost to enroll the child or children may not exceed the difference between the cost of single coverage and the cost to the insuring parent to add the child or children.

DCF 150.05(1)(b)4. 4. The court may incorporate responsibility for a contribution to the cost of private health insurance as an upward or downward adjustment to a payer’s child support obligation.

DCF 150.05 Note Note: The cost to enroll a child in a private health insurance plan and a contribution to the cost are in addition to a parent’s responsibility for child support. The court would order an upward adjustment to a payer’s child support order if the payee is the insuring parent and the payer is contributing to the cost. The court would order a downward adjustment to the payer’s child support obligation if the payer is the insuring parent, the payee is contributing to the cost, and the payee’s contribution is less than the payer’s child support amount.

DCF 150.05(1)(c) (c) The court may not order a parent whose income is below 150% of the federal poverty level to enroll a child in a private health insurance plan or contribute to the cost of a private health insurance plan unless there is no cost to the parent.

DCF 150.05(1)(d) (d) If there is no private health insurance plan available that meets the requirements of par. (b), the court may order any of the following:

DCF 150.05(1)(d)1. 1. Enrollment in a private health insurance plan as a deviation under s. 767.511 (1m), Stats.

DCF 150.05(1)(d)2. 2. Responsibility for a contribution to the cost of the other parent’s premium for the BadgerCare Plus program under s. 49.471, Stats., unless the parent’s income is below 150% of the federal poverty level. The court may incorporate responsibility for a contribution to the cost of the premium as an upward or downward adjustment to a payer’s child support obligation.

DCF 150.05(1)(d)3. 3. Enrollment in a private health insurance plan if a plan that meets the requirements of par. (b) becomes available to the parent in the future.

DCF 150.05(1)(e) (e) If a person other than a parent has enrolled a child in an accessible private health insurance plan that covers hospitalization and other medical costs without large out-of-pocket deductibles or copayments, the court may determine whether to order a parent to enroll the child in a private health insurance plan.

DCF 150.05(1)(f) (f) The court shall also establish an order for medical expenses that are not covered by insurance. The court shall consider each parent’s ability to pay these medical expenses.

DCF 150.05(1)(g) (g) The court shall consider the impact of the dependency exemption on the availability of insurance in the marketplace and the imposition of penalties under applicable federal law.

DCF 150.05 Note Note: The following example shows how to apply the reasonable cost standard.

DCF 150.05 Note Parent A: $4,500 monthly income available for child support 10% = $450

DCF 150.05 Note Parent B: $2,500 monthly income available for child support 10% = $250

DCF 150.05 Note Parent A’s employer-sponsored insurance:

DCF 150.05 Note $230/month out-of-pocket cost for self-only coverage

DCF 150.05 Note $210/month out-of-pocket cost to add the child or children

DCF 150.05 Note $440 total monthly out-of-pocket cost for the policy. ($440 < $450. Therefore, the total out-of-pocket cost of the policy does not exceed 10% of the insuring parent’s income. This is considered reasonable.)

DCF 150.05 Note --Parent A may be ordered to enroll the child or children and contribute up to $440.00/month for the policy.

DCF 150.05 Note --Parent B may be ordered to contribute up to $210/month toward the cost. ($210 = lesser of 10% of Parent B’s income or cost to add the children)

DCF 150.05 Note --The court may incorporate responsibility for a contribution from Parent B to the cost of health insurance as a downward deviation to Parent A’s child support obligation.

DCF 150.05 Note --The court shall consider the out-of-pocket cost for self-only coverage for Parent B when determining a reasonable contribution from Parent B to the cost of health insurance provided by Parent A.

DCF 150.05(2) (2) Birth cost judgment.

DCF 150.05(2)(a) (a) In this subsection, “birth cost judgment” means an order establishing the amount of the father’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth under s. 767.89 (3) (e), Stats. Recovery of birth costs is inappropriate in cases where the alleged father is a member of an intact family that includes the mother and the subject child at the time paternity or support is established, and the father’s income, if any, contributes to the support of the child.

DCF 150.05(2)(b) (b) The court shall include in a paternity judgment or order a birth cost judgment amount that does not exceed one-half of the actual and reasonable cost of the mother’s pregnancy and child’s birth and shall order the lowest of the following:

DCF 150.05(2)(b)1. 1. An amount that does not exceed the sum of 5% of the father’s current monthly income available for child support multiplied by 36 months.

DCF 150.05(2)(b)2. 2. If the father’s monthly income available for child support is between 75% and 150% of the federal poverty guidelines, an amount that does not exceed the maximum birth cost judgment amount provided in the schedule in Appendix D.

DCF 150.05(2)(b)3. 3. If the father’s monthly income available for child support is less than 75% of the federal poverty guidelines, a birth cost judgment at an amount appropriate for the father’s total economic circumstances.

DCF 150.05(2)(c) (c) The department shall revise the schedule in Appendix D every year based on changes in the federal poverty guidelines. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

DCF 150.05 History History: EmR0821: emerg. cr. eff. 6-27-08; CR 08-066: cr. Register December 2008 No. 636, eff. 1-1-09; CR 09-036: cr. (1) (a) to (f), am. (2) (b) 2. Register November 2009 No. 647, eff. 1-1-10; CR 16-075: am. (1) (b) (intro.), 2., 3., cr. (1) (g), am. (2) (a) Register June 2018 No. 750, eff. 7-1-18; correction in (1) (b) (intro.) made under s. 35.17, Stats., Register June 2018 No. 750.