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 HistoryHistory: 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 150.04DCF 150.04 Determining the child support obligation in special circumstances. Child support may be determined under special circumstances as follows:

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 NoteNote: 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 NoteParent A and Parent B were married, had a child in 2000 and divorced in 2001. Parent A is subject to an existing support order of $450 per month.

DCF 150.04 NoteParent A was adjudicated the father in 2008 for a child born in 2005. Child support needs to be established for this child.