SB105,14
3Section
14. 767.77 (1) of the statutes is amended to read:
SB105,7,124
767.77
(1) Definition. In this section, “payment obligation" means an
5obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
6(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
7or maintenance under s. 767.501, child support
, family support, or maintenance
8under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
9family support under s.
767.225, 2019 stats., or s. 767.531,
2019 stats., attorney fees
10under s. 767.241, child support or a child's health care expenses under s. 767.85,
11paternity obligations under s. 767.804 (3), 767.805 (4), 767.863 (3), or 767.89, support
12arrearages under s. 767.71, or child or spousal support under s. 948.22 (7).
SB105,15
13Section
15. 767.78 (1) of the statutes is amended to read:
SB105,7,1814
767.78
(1) Definition. In this section, “financial obligation" means an
15obligation for payment incurred under
s. 767.531, 2019 stats., or s. 48.355 (2) (b) 4.
16or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511,
767.531, 767.56,
17767.61, 767.71, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4),
18938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
SB105,16
19Section 16
. Chapter DCF 150 (title) of the administrative code is amended to
20read:
SB105,7,2121
Chapter dcf 150
SB105,7,2222
child support
percentage of
SB105,7,23
23income standard
SB105,17
24Section 17
. DCF 150.02 (9m) of the administrative code is created to read:
SB105,8,3
1DCF 150.02
(9m) “Designated percentage” means the applicable percentage
2of a parent's monthly income available for child support or adjusted monthly income
3available for child support under s. DCF 150.035 (2) or 150.04 (4) or (5).
SB105,18
4Section 18
. DCF 150.02 (19) of the administrative code is amended to read:
SB105,8,105
DCF 150.02
(19) “Low-income payer" means a payer for whom the court uses
6the monthly support amount provided in the schedule in Appendix C based on the
7court's determination that the payer's total economic circumstances limit his or her
8ability to pay support at the level provided under s. DCF
150.03 (1) 150.035 and the
9payer's income available for child support is at a level set forth in the schedule in
10Appendix C.
SB105,19
11Section 19
. DCF 150.02 (26) of the administrative code is amended to read:
SB105,8,1412
DCF 150.02
(26) “Shared-placement payer" means the shared-placement
13parent who is determined to owe a greater support amount than the other parent
14under the calculation in s. DCF
150.04 (2) (b)
150.035 (1).
SB105,20
15Section 20
. DCF 150.02 (28) of the administrative code is repealed.
SB105,21
16Section 21
. DCF 150.02 (28) Note of the administrative code is renumbered
17DCF 150.02 (9m) Note.
SB105,22
18Section 22
. DCF 150.03 (1) (intro.) of the administrative code is renumbered
19DCF 150.03 (1) and amended to read:
SB105,9,420
DCF 150.03
(1) Determining income available for child support using the
21percentage standard. The court shall determine a parent's monthly income
22available for child support by adding together the parent's annual gross income or,
23if applicable, the parent's annual income modified for business expenses; the parent's
24annual income imputed based on earning capacity; and the parent's annual income
25imputed from assets, and dividing that total by 12. This may be done by completing
1the worksheet in Appendix B, although use of the worksheet for this purpose is not
2required.
Except as provided in s. DCF 150.04 (4) and (5), the percentage of the
3parent's monthly income available for child support or adjusted monthly income
4available for child support that constitutes the child support obligation shall be:
SB105,23
5Section 23
. DCF 150.03 (1) (a) to (e) of the administrative code are renumbered
6DCF 150.035
(2) (a) to (e).
SB105,24
7Section 24
. DCF 150.03 (1) (e) Note of the administrative code is renumbered
8DCF 150.035 (2) (e) Note.
SB105,25
9Section 25
. DCF 150.03 (5) (a) of the administrative code is amended to read:
SB105,9,1710
DCF 150.03
(5) (a) The court may consider a child's benefit under
42 USC 402 11(d) based on a parent's entitlement to federal disability or old-age insurance benefits
12under
42 USC 401 to
433 and adjust a payer's child support obligation by subtracting
13the amount of the child's benefit received by the payee. In no case may this
14adjustment require the payee to reimburse the payer for any portion of the child's
15benefit. If the payer is receiving the child's benefit, the support amount is either the
16designated percentage
standard applied to the payer's income or the amount of the
17child's benefit, whichever is greater.
SB105,26
18Section 26
. DCF 150.03 (5) (b) (intro.), 2. and 7. of the administrative code are
19amended to read:
SB105,9,2520
DCF 150.03
(5) (b) (intro.) If the shared-placement guidelines under s. DCF
21150.04 (2) 150.035 (1) apply, the child's benefit is split between the parents in
22proportion to the amount of time the child spends with each parent. Add the
23proportion of the child's benefit that represents the proportion of time the child
24spends with the parent not receiving the benefit to the support obligation of the
25parent who is receiving the child's benefit. Support shall be determined as follows:
SB105,10,2
12. Multiply each parent's monthly income available for child support by the
2appropriate designated percentage
standard under s. DCF 150.03 (1).
SB105,10,73
7. Offset the resulting amounts against each other. The parent with the greater
4child support obligation is the shared-placement payer. The shared-placement
5payer shall pay either the lesser of the amount determined in this subsection or the
6amount determined using the
appropriate designated percentage
standard under s.
7DCF 150.03 (1).
SB105,27
8Section 27
. DCF 150.03 (5m) (intro.), (a), (b) and (g) of the administrative code
9are amended to read:
SB105,10,1710
DCF 150.03
(5m) (intro.)
Adjustment for adoption assistance. The court may
11consider adoption assistance received by either parent under s. 48.975 (3) (a), Stats.
12If the shared placement guidelines under s. DCF
150.04 (2) 150.035 (1) apply, the
13adoption assistance should be split between the parents in proportion to the amount
14of time the child spends with each parent. Add the proportion of the adoption
15assistance that represents the proportion of time the child spends with the parent
16not receiving the adoption assistance to the support obligation of the parent who is
17receiving the adoption assistance. Support shall be determined as follows:
SB105,10,2218
(a) Determine each parent's monthly income available for child support under
19s. DCF 150.03 (1)
(intro.). If a parent has one or more previous child support
20obligations, determine the parent's monthly income available for child support
21adjusted for the previous obligations as provided in s. DCF 150.04 (1). Do not include
22the adoption assistance under s. 48.975 (3) (a), Stats., in either parent's income.