Ch. DCF 150 NoteNote: Chapter HSS 80 was renumbered chapter DWD 40 by emergency rule effective October 1, 1998. Chapter HSS 80 as it existed on July 31, 1999 was renumbered chapter DWD 40, Register, July, 1999, No. 523, eff. 8-1-99. Chapter DWD 40 was renumbered to chapter DCF 150 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

Section 49.22 (9), Stats., requires the department to adopt and publish a standard to be used by courts in determining child support obligations. The standard is to be based on a percentage of the gross income and assets of either or both parents.

The percentages established in this chapter are based on an analysis of national studies, including a study done by Jacques Van der Gaag as part of the Child Support Project of the Institute for Research on Poverty, University of Wisconsin, Madison, entitled “On Measuring the Cost of Children,” which disclose the amount of income and disposable assets that parents use to raise their children. The child support standard is based on the principle that a child’s standard of living should, to the degree possible, not be adversely affected because the child’s parents are not living together. It determines the percentage of a parent’s income and potential income from assets that parents should contribute toward the support of children if the family does not remain together. The child support standard determines the minimum amount each parent is expected to contribute to the support of their children. It expects that the custodial parent shares income directly with their children. It also presumes that the basic needs of the children are being met. This latter presumption may be rebutted by clear and convincing evidence that the needs of the children are not being met.

The rules also prescribe procedures for determining equitable child support obligations under a variety of financial and family circumstances.

DCF 150.01(1)(1) Authority and purpose. This chapter is promulgated under the authority of s. 49.22 (9), Stats., for the purpose of establishing a standard to be used in determining child support under ss. 767.225, 767.34, 767.501, 767.511, 767.513, 767.59, and 767.89, Stats.

DCF 150.01(2)(2) Applicability. This chapter applies to any petition for a temporary or final order for child support of a marital or nonmarital child in an action affecting a family under ch. 767, Stats., any stipulated child support settlement under s. 767.34, Stats., or any revision of judgment under s. 767.59, Stats.

DCF 150.01(3)(3) Effect of rule change. A modification of any provision in this chapter 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 150.01 HistoryHistory: Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (2) (b) to (d), Register, August, 1987, No. 380, eff. 9-1-87; am. (1), r. and recr. (2), Register, February, 1995, No. 470, eff. 3-1-95; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 03-022: cr. (3) Register December 2003 No. 576, eff. 1-1-04; corrections made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 09-036: am. (1) Register November 2009 No. 647, eff. 1-1-10.

DCF 150.02(2)(2) “Adjusted monthly income available for child support” means the monthly income at which the child support obligation is determined for serial family payers, which is the payer’s monthly income available for child support less the amount of any existing legal obligation for child support.

DCF 150.02(5)(5) “Child support” or “child support obligation” means an obligation to support a marital child either in an intact family or as a result of a court order, an obligation to support the payer’s nonmarital child as a result of a court order, or an obligation to support the payer’s nonmarital child in an intact family as a result of adoption, maternity or an acknowledgement of paternity.