Wis. Admin. Code DCF § 150.035

Current through May 28, 2024

Section DCF 150.035 - Determining the child support obligation

(1) DETERMINING THE CHILD SUPPORT OBLIGATIONS OF SHARED-PLACEMENT PARENTS.

(a)Applicability. The shared- placement formula may be applied when all of the following conditions are met:

1. Both parents have court-ordered periods of placement of at least 25 percent or 92 days per year based on the number of overnights or equivalent care under par. (ar) provided by each parent.

2. Each parent is ordered by the court to assume the child's basic support costs in proportion to the time that the parent has placement of the child.

(ag)Periods of placement and total number of overnights.

1. A parent's period of placement shall be determined by calculating the number of overnights or equivalent care under par. (ar) ordered to be provided by the parent and dividing that number by the total number of overnights in a year.

2. When a parent is providing court-ordered equivalent care of the child under par. (ar), the total number of overnights in a year may exceed 365.

3. The combined periods of court-ordered placement for both parents shall equal the total number of overnights.

(ar) Equivalent care.

1. 'General.' A parent's court-ordered period of placement may include periods when the parent is caring for the child that is not overnight, but is determined by the court to require the parent to assume basic support costs that are sub-stantially equivalent to what the parent would spend to care for the child overnight, subject to subd. 2.

Note: For example, a parent working 3rd shift who is generally unable to provide overnight care may be eligible to receive credit for equivalent care provided during the day.

2. 'No duplicate credit.' A parent may not receive credit for equivalent care of the child during a period that is within 24 hours of a period for which the parent receives credit for overnight care of the child, unless the other parent is providing overnight care the night before and night after the period when the equivalent care is provided.

Note: The exception clarifies that Parent A may be eligible for equivalent care credit for care provided on Monday morning after providing overnight care on Saturday night if Parent B is providing overnight care on Sunday and Monday nights.

3. 'Calculation of equivalent care.' A block of time during which the parent cares for the child for at least 6 hours may be considered the equivalent of a half-day if the parent provides a meal during this period. Two half-day blocks are an equivalent of one overnight for purposes of the calculation.

(b)Determination. The child support obligations for parents who meet the requirements of par. (a) may be determined as follows:

1. Determine each parent's monthly income available for child support under s. DCF 150.03 (1). In determining whether to impute income based on earning capacity for an unemployed parent or a parent employed less than full time under s. DCF 150.03 (3), the court shall consider benefits to the child of having a parent remain in the home during periods of placement and the additional variable day care costs that would be incurred if the parent worked more. 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).

2. Multiply each parent's monthly income available for child support by the designated percentage.

3. Multiply each amount determined under subd. 2. by 150%.

Note: The 150% accounts for household maintenance expenditures duplicated by both parents, such as a bedroom, clothes, and personal items.

4. Multiply the amount determined for each parent under subd. 3. by the proportion of the time that the child spends with the other parent to determine each parent's child support obligation.

5. Offset resulting amounts under subd. 4. against each other. The parent with a greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined under this subdivision or the amount determined using the designated percentage. If the shared-placement payer is also a low-income or high-income payer, the court may combine the provisions of either s. DCF 150.04 (4) or (5) with the provisions of this section.

6. In addition to the child support obligation determined under subd. 5., the court shall assign responsibility for payment of the child's variable costs in proportion to each parent's share of physical placement, and based upon a detailed list of the variable costs provided by the parties. Due consideration shall be given to a disparity in the parents' income and the transportation costs associated with each parent's respective periods of physical placement. The court shall direct the manner of payment of a variable cost order to be either between the parents or from a parent to a third-party service provider. The court shall not direct payment of variable costs to be made to the department or the department's designee.

7. A change in the child's variable costs 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.

Note: The following example shows how to calculate the child support obligations of shared-placement parents.

Number of children: Two

Parent A: $2,000 monthly income available for child support

Court-ordered placement of the child for 219 days a year or 60%.

Parent B: $3,000 monthly income available for child support

Court-ordered placement of the child for 146 days a year or 40%.

	Parent A	Parent B
1. Monthly income available for child support	$2,000	$3,000
2. Monthly income available for child support X percentage standard for two children	$2,000 X 25% = $500	$3,000 X 25% = $750
3. Amount in 2. X 150%	$500 X 150% = $750	$750 X 150% = $1125
4. Amount in 3. X the proportion of time that the child spends with the other parent	$750 X 40% = $300	$1125 X 60% = $675
5. Offset	$675 - $300 = $375
6. Court also assigns responsibility for payment of the child's variable costs.	Manner of payment is between the parents or from a parent to a third-party service provider.

Example of equivalent care:

Number of children: Two

Parent A: $2,000 monthly income available for child support

Parent A has court-ordered placement of the child 271 days a year or 74%.

Parent B: $3,000 monthly income available for child support

Parent B has court-ordered placement of the child 94 days a year or 26%.

Parent B also provides day care 4 days a week from 3 pm - 9 pm and

Provides dinner to the children 46 weeks per year.

(4) 6 hour blocks per week = 2 overnights X 46 weeks= 92 overnights per year

Total number of overnights = 457 (271 + 94 + 92)

Parent A = 59%

Parent B = 41%

Time with Parent A = 59% (271/457 = .59)

Time with Parent B = 41% (94 = 92/457 = .407)

	Parent A	Parent B
1. Monthly income available for child support	$2,000	$3,000
2. Monthly income available for child support X percentage standard for two children	$2,000 X 25% = $500	$3,000 X 25% = $750
3. Amount in 2. X 150%	$500 X 150% = $750	$750 X 150% = $1125
4. Amount in 3. X the proportion of time that the child spends with the other parent	$750 X 41% = $307.50	$1125 X 59% = $663.75
5. Offset	$663.75 - $307.50 = $367.50
6. Court also assigns responsibility for payment of the child's variable costs.	Manner of payment is between the parents or from a parent to a third-party service provider.

(2) DETERMINING THE CHILD SUPPORT OBLIGATION OF NONSHARED PLACEMENT PARENTS. If the conditions under sub. (1) (a) are not met, the child support obligation is one of the following percentages of the parent's monthly income available for child support or adjusted monthly income available for child support, except as provided under s. DCF 150.04(4) or (5):

(a) 17% for one child;

(b) 25% for 2 children;

(c) 29% for 3 children;

(d) 31% for 4 children; and

(e) 34% for 5 or more children.

Note: See Appendix A which indicates the amount of child support at various levels of income using the percentage standard.

(3) DEVIATION FROM THE PERCENTAGE STANDARD.

(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.

(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.

Wis. Admin. Code Department of Children and Families § DCF 150.035

Adopted by, 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. 12/1/2021

Amended by, CR 23-011: am. (1), r. and recr. (1) (a), cr. (1) (ag), (ar), (b) (title) Register December 2023 No. 816, eff. 1/1/2024

This section is shown as affected eff. 12-1-21 by 2021 Wis. Act 35.