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%.
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Parent A
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Parent B
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1. Monthly income available for child
support
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$2,000
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$3,000
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2. Monthly income available for child support X
percentage standard for two children
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$2,000 X 25% = $500
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$3,000 X 25% = $750
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3. Amount in 2. X 150%
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$500 X 150% = $750
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$750 X 150% = $1125
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4. Amount in 3. X the proportion of time that the
child spends with the other parent
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$750 X 40% = $300
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$1125 X 60% = $675
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5. Offset
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$675 - $300 = $375
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6. Court also assigns responsibility for payment of
the child's variable costs.
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Manner of payment is between the parents or from a
parent to a third-party service provider.
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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)
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Parent A
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Parent B
|
|
1. Monthly income available for child
support
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$2,000
|
$3,000
|
|
2. Monthly income available for child support X
percentage standard for two children
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$2,000 X 25% = $500
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$3,000 X 25% = $750
|
|
3. Amount in 2. X 150%
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$500 X 150% = $750
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$750 X 150% = $1125
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4. Amount in 3. X the proportion of time that the
child spends with the other parent
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$750 X 41% = $307.50
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$1125 X 59% = $663.75
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5. Offset
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$663.75 - $307.50 = $367.50
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6. Court also assigns responsibility for payment of
the child's variable costs.
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Manner of payment is between the parents or from a
parent to a third-party service provider.
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