DCF 150.03(3)(p)(p) The parent’s receipt of Supplemental Security Income under 42 USC 1381 to 1383f.
DCF 150.03(3)(q)(q) Any other factor that the court determines is relevant.
DCF 150.03(3m)(3m)Income imputed when no or little information is known. If a parent’s income is unknown and evidence is presented that due diligence has been exercised to ascertain information on the parent’s actual income or ability to earn and no or little information is known, the court may impute the income to the parent that an individual would earn by working 10 to 35 hours per week for the higher of the federal minimum hourly wage under 29 USC 206 (a) (1) or the state minimum hourly wage under s. 104.035 (1) (a), Stats. The court may use any factors in sub. (3), if known, to determine the number of hours to impute.
DCF 150.03(4)(4)Determining income imputed from assets.
DCF 150.03(4)(a)(a) The court may impute a reasonable earning potential to a parent’s assets if the court finds both of the following:
DCF 150.03(4)(a)1.1. The parent has ownership and control over any real or personal property, including but not limited to, life insurance, cash and deposit accounts, stocks and bonds, business interests, net proceeds resulting from worker’s compensation or other personal injury awards not intended to replace income, and cash and corporate income in a corporation in which the parent has an ownership interest sufficient to individually exercise control and the cash or corporate income is not included as gross income under s. DCF 150.02 (13).
DCF 150.03(4)(a)2.2. The parent’s assets are underproductive and at least one of the following applies:
DCF 150.03(4)(a)2.a.a. The parent has diverted income into assets to avoid paying child support.
DCF 150.03(4)(a)2.b.b. Income from the parent’s assets is necessary to maintain the child or children at the standard of living they would have had if they were living with both parents.
DCF 150.03(4)(b)(b) The court shall impute income to assets by multiplying the total net value of the assets by the current 6-month treasury bill rate or any other rate that the court determines is reasonable and subtracting the actual income from the assets that was included as gross income under s. DCF 150.02 (13).
DCF 150.03(5)(5)Adjustment for child’s social security.
DCF 150.03(5)(a)(a) The court may consider a child’s benefit under 42 USC 402 (d) based on a parent’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433 and adjust a payer’s child support obligation by subtracting the amount of the child’s benefit received by the payee. In no case may this adjustment require the payee to reimburse the payer for any portion of the child’s benefit. If the payer is receiving the child’s benefit, the support amount is either the designated percentage applied to the payer’s income or the amount of the child’s benefit, whichever is greater.
DCF 150.03(5)(b)(b) If the shared-placement guidelines under s. DCF 150.035 (1) apply, the child’s benefit is split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the child’s benefit that represents the proportion of time the child spends with the parent not receiving the benefit to the support obligation of the parent who is receiving the child’s benefit. Support shall be determined as follows:
DCF 150.03(5)(b)1.1. Determine each parent’s monthly income available for child support under sub. (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). Include the parent’s federal disability or old age insurance benefits under 42 USC 401 to 433 in that parent’s income, but do not include the child’s benefit under 42 USC 402 (d) in either parent’s income.
DCF 150.03(5)(b)2.2. Multiply each parent’s monthly income available for child support by the designated percentage.
DCF 150.03(5)(b)3.3. Multiply each amount determined under subd. 2. by 150%.
DCF 150.03(5)(b)4.4. Multiply the amount determined for each parent in subd. 3. by the proportion of time that the child spends with the other parent.
DCF 150.03(5)(b)5.5. Multiply the amount of the child’s benefit by the proportion of the time the child spends with the parent who is not receiving the child’s benefit.
DCF 150.03(5)(b)6.6. Add the amount in subd. 5. to the child support obligation calculated in subd. 4. for the parent who is receiving the child’s benefit.
DCF 150.03(5)(b)7.7. 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 either the lesser of the amount determined in this subsection or the amount determined using the designated percentage.
DCF 150.03 NoteNote: The following example shows how the child support obligation is determined for a shared-placement parent who receives a child’s benefit under 42 USC 402 (d):
DCF 150.03 NoteAssumptions:
DCF 150.03 NoteTwo children
DCF 150.03 NoteParent A has placement 146 days or 40% of the year.
DCF 150.03 NoteParent B has placement 219 days or 60% of the year.
DCF 150.03 NoteParent A’s current monthly income available for support is $2000.
DCF 150.03 NoteParent B’s current monthly income available for support is $2500
DCF 150.03 NoteParent B receives a $1000 per month child’s benefit under 42 USC 402(d) based on Parent A’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433.
DCF 150.03 NoteCalculation: