Wisconsin Child Support Guidelines
Wisconsin child support is determined using the "Percentage of Income Standard,” which considers a parent’s income, the amount of time a child spends with each parent, and the number of children supported. For one child, 17% of income is allocated, increasing with more children.
Special child support guidelines exist for high- and low-income earners, shared placement, and serial families. Courts can adjust payments based on specific circumstances, ensuring fair support that meets children’s needs while considering parents’ financial abilities.
Children have a legal right to receive financial support from both parents. This article examines the child support system in Wisconsin.
How Wisconsin Calculates Child Support Payment
The state of Wisconsin uses the Percentage of Income Standard to calculate the amount of child support payments. The percentage standard approach differs from the Income Shares Model other states use. Rather than looking at the perspective of the amount of support payments that the child should have received if the parents stayed together, the Percentage of Income Standard looks at each parent’s income and the amount of time that a child spends with each parent. They also look at the number of children that a paying parent supports:
- 17% of income for one child
- 25% of income for two children
- 29% of income for three children
- 31% of income for four children
- 34% of income for five or more children
Adjustment of Child Support for Special Circumstances
The Wisconsin Department of Children and Families acknowledges that each child support case is unique. With this, they developed tools to help with estimating the child support amounts.
Serial Family Cases
When a parent has child support obligations to children from multiple relationships, the family court makes adjustments to balance the responsibilities.
Split Placement
When families have two or more children and the court orders one or more children to live with each parent, the court may follow the split placement guidelines. With these guidelines, the Child Support Standard prorates the amount for each child based on the total number of children.
High-Income Payers Case
If the parent paying child support earns above $84,000 per year, the court may refer to the high-income payer guidelines.
Low-Income Case
If the parent paying child support earns less than $1,485 per month, the court may adjust the amount and refer to the low-income payer guidelines. The amount of child support may also vary depending on the parents’ monthly income and the number of children supported.
You can use the Wisconsin worksheet to estimate the amount of child support payment. There is also a child support calculator that you can use to help you determine the estimated amount of child support you have to pay.
How Are Child Support Obligations Enforced?
When a parent doesn’t pay their child support, the debt becomes past due. Starting April 1, 2014, the interest charged on past-due child support in Wisconsin became .5% per month or 6% per year. Child support agencies can enforce a child support order by:
- Intercepting the debtor’s federal or state income tax refunds or tribal per capita payments
- Denying the parent who owes support a U.S. passport, college grants, or small business loans
- Placing a lien on the debtor’s property (land, cars, boats, etc.) that the parent should pay before they can sell the property
- Suspending or restricting a professional, recreational (hunting or fishing), or driver’s license
The following table outlines important information concerning the Wisconsin child support guidelines.
Wisconsin Child Support Guidelines Code Sections |
Wisconsin Statutes
Wisconsin Administrative Code, Department of Children and Families (DCF)
|
|---|---|
Who is Responsible? |
Both of the child’s legal parents |
How Is Support Calculated by Wisconsin Child Support Guidelines? |
The standard percentage of income guideline in Wisconsin for child support is:
In many states, the court can determine a different child support amount based on the case’s circumstances at the judge’s discretion. In Wisconsin, guidelines are set up for many other circumstances, so there’s some standardization of special cases. However, the court can still deviate from the standard if it would be unfair to either the child or one of the parents. Special child support guidelines exist for parents who:
No matter which guideline the family court uses, the parent’s income is crucial in determining the amount of support. Wisconsin considers the following sources of income:
Child support can also be based on the parents’ ability to earn. The court may look at the parents’ past earnings, current health, education, work experience, history as a primary caregiver, and the availability of jobs locally. The court can also consider the value based on intangible or non-cash sources. These sources may include life insurance, cash, deposit accounts, stocks, bonds, and business interests. |
What Expenses Can the Judge Order? |
Child support is intended to cover the basic expenses of having a child. These include food, clothing, housing, utilities, transportation, personal care, and health insurance. |
How Long Must a Parent Pay Child Support? |
The parent has a legal obligation to pay child support until the child turns 18, or 19 if still enrolled in high school or a GED course. Note that you still owe past-due child support after your child turns 18. The court can open past-due child support cases up to 20 years after the youngest child on the order turns 18. |
Note: Laws are subject to change through various means, including higher court decisions and newly passed legislation. Consider conducting your legal research or contacting an attorney near you to verify the laws of your state.
For general information about child support, see the Wisconsin Department of Children and Families website. If you need help changing or terminating your child support obligation, you should talk with an experienced Wisconsin child support attorney.
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Get Legal Help to Better Understand Wisconsin Child Support Guidelines
Wisconsin child support guidelines aim to ensure that each child receives the proper financial support from both parents after separation or divorce. The guidelines balance the best interests of the child with the financial capacity of the parents.
Understanding these guidelines helps avoid unnecessary conflicts and ensures that the needs of the child are met. A family law attorney specializing in child support can answer your questions and help you better understand the state’s child support laws.
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