Child support is one of the most common sources of conflict in Wisconsin family law cases, and it is also one of the most misunderstood. Many parents enter the process with incorrect assumptions about how support is set, what can change it, and what happens when it is not paid. This guide explains how Wisconsin calculates child support, what factors can change the standard amount, how to modify an order, and what happens if support is not paid.
Wisconsin’s Percentage of Income Standard
Wisconsin uses a “percentage of income” standard for calculating child support, codified in Wisconsin Statute § 767.511 and the associated administrative rules in Wisconsin Administrative Code DCF 150. The basic premise is straightforward: child support is calculated as a percentage of the payer’s gross income, with the percentage varying based on the number of children.
The standard percentages for the primary caregiver arrangement are:
17% of gross income for one child; 25% for two children; 29% for three children; 31% for four children; and 34% for five or more children.
These percentages apply to the paying parent’s gross monthly income. “Gross income” includes wages, salary, tips, overtime, bonuses, self-employment income, rental income, and most other sources of regular income.
The Income Shared Placement Model
When parents share placement of the children — meaning the child spends substantial time with both parents — the calculation becomes more complex. Wisconsin uses an “income shares” model for shared placement situations under DCF 150. Both parents’ incomes are considered, and the formula accounts for the percentage of overnight placement each parent has. The more overnights a parent has, the lower their child support obligation, because they are presumed to be directly spending money on the child during that time.
A parent who has the child 25% to 75% of the time is generally considered to be in a “shared placement” situation. When parents have equal placement (50/50), a specific formula applies that can significantly reduce what either parent owes.
Deviation Factors
The percentage of income standard is a starting point, not an absolute rule. Courts can deviate from the standard amount based on a variety of factors listed in Wisconsin Statute § 767.511(1m), including:
The financial resources of both parents and the child; the child’s educational, physical, and emotional needs; the standard of living the child would have enjoyed had the parents remained together; the tax consequences to each party; the extraordinary travel costs associated with placement; and the physical and emotional health of the parties.
Either parent can request a deviation from the standard calculation by demonstrating that applying the standard would be unjust or inappropriate under the specific circumstances of the case.
Modifying a Child Support Order
Child support orders can be modified when there has been a “substantial change in circumstances” under Wisconsin Statute § 767.59. Common grounds for modification include a significant change in either parent’s income, a change in the child’s placement schedule, or a change in the child’s needs. Wisconsin also has a periodic review mechanism — either party can request a review of a support order that is at least 33 months old without having to show a substantial change in circumstances. The state’s child support agency can also initiate a review in certain cases.
Enforcement of Child Support
Wisconsin has strong enforcement tools available when a parent fails to pay child support. These include wage garnishment (income withholding), interception of state and federal tax refunds, suspension of driver’s licenses and professional licenses, seizure of bank accounts, and in serious cases, contempt of court proceedings that can result in jail time. A parent who falls significantly behind in support owes what is called “arrears,” and those arrears accrue interest and do not go away — even bankruptcy does not discharge most child support arrears.
Whether you are establishing a new support order, seeking a modification, or dealing with enforcement issues, having experienced legal representation matters. Attorney Christopher S. Carson has over 22 years of experience with Wisconsin family law, including child support matters. Call (262) 860-8932 for a free consultation to discuss your situation.