Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Section DCF 150.04 - Determining the child support obligation in special circumstances

Current through June 24, 2024
Child support may be determined under special circumstances
				  as follows:
(1) DETERMINING THE CHILD
				SUPPORT OBLIGATION OF A SERIAL-FAMILY PARENT.
(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).
(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:
1. Determine the
				parent's monthly income available for child support under s.
				DCF 150.03
				(1).
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.
3. Determine the first child support
				obligation as follows:
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.
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).
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.
5. Determine the second
				child support obligation as follows:
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.
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).
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.
7. Repeat the procedure under subds. 5. and
				6. for each additional legal obligation for child support the serial-family
				parent has incurred.
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).
Note:
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.
Assumptions:
Parent A's current monthly income available for child support
				  is $3000.
Parent 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.
Parent A remarries and has two children, one born in 2006 and
				  the other in 2007, and remains an intact family.
Parent A was adjudicated the father in 2008 for a child born
				  in 2005. Child support needs to be established for this child.
Order of parent A's legal obligation for child
				  support.
First legal obligation: one child (2000) (divorce)
Second legal obligation: 2 children (2006 and 2007) (intact
				  family)
Third legal obligation: one child (2008) (paternity)
Calculation:
Parent A's current monthly income available for
								child support
$3000
The first legal obligation is subject to an
								existing monthly
$450
support order (divorce)
Adjust the monthly income available for child
								support
$3000
- 450
First adjusted monthly income available for child
								support
$2550
Determine support for the second legal
								obligation
$2550
(intact family)
x .25
$637.50
Adjust the first adjusted monthly income available
								for child
$2550
support
- 637.50
Second adjusted monthly income available for child
								support
$1912.50
Determine support for the third legal obligation
								(paternity)
$1912.50
x .17
$325.12