Determining the child support obligation in special circumstances

Determining the child support obligation in special circumstances. Determining the child support obligation in special circumstances. 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) . (3) Determining the child support obligations of split-placement parents. For parents who have 2 or more children and each parent has placement of one or more but not all of the children, the child support obligations may be determined as follows: (a) Determine each parent’s monthly income available for child support under s. DCF 150.03 (1) . 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 sub. (1) . (b) Multiply the amount determined in par. (a) by the pro rata percentage standard for the number of children in split placement who are placed with the other parent. The pro rata percentage standard for the number of children in split placement who are placed with the other parent is calculated by determining the designated percentage for the total number of children, dividing by the total number of children, and adding together the percentages for the children in split-placement who are placed with the other parent. (c) Offset resulting amounts under par. (b) against each other. The parent with a greater child support obligation is the split-placement payer. (4) Determining the child support obligation of a low-income payer. (a) The court may use the monthly support amount provided in the schedule in Appendix C as the support amount for a payer with a monthly income available for child support at a level set forth in the schedule if the payer’s total economic circumstances limit the payer’s ability to pay support at the level determined under s. DCF 150.035 . If a payer’s monthly income available for child support is below the lowest income level in Appendix C, the court may set an order at an amount appropriate for the payer’s total economic circumstances. This amount may be lower than the lowest support amount in Appendix C. (b) The department shall revise the schedule in Appendix C every year based on changes in the federal poverty guidelines since the schedule was last revised. The department shall publish revisions to the schedule in the Wisconsin Administrative Register. (5) Determining the child support obligation of a high-income payer. (a) The payer’s full monthly income available for child support shall be considered in determining the payer’s child support obligation. The court may apply the reduced percentages under pars. (c) and (d) to income at the indicated levels. (b) The court shall apply the percentages in s. DCF 150.035 (2) to a payer’s monthly income available for child support that is less than $7,000. (c) The court may apply the following percentages to the portion of a payer’s monthly income available for child support that is greater than or equal to $7,000 and less than or equal to $12,500: 1. 14% for one child. 2. 20% for 2 children. 3. 23% for 3 children.