1. (1) Definition. In this section, “child” means any of the following:

   1. (a) An individual who is under 18 years of age.
   2. (b) An individual who is 18 years of age or over but under 19 years of age and is a full−time student at a secondary school or its vocational or technical equivalent.

2. (2) Determination of child support amount. The amount of a parent’s child support obligation under s. 49.345 (14) (b) or (c), Stats., for a child placed in a residential, nonmedical facility or a juvenile detention facility by a court order shall be determined under ch. DCF 150, subject to the following:

   1. (a) Proportionate share. The court may determine the amount of a parent’s child support obligation for a child placed in a residential, nonmedical facility or juvenile detention facility by a court order in the following manner:

      1. 1. Count the child placed in a residential, nonmedical facility or juvenile detention facility; any full siblings who are also placed in a residential, nonmedical facility or juvenile detention facility; and full siblings who remain in the home as a single group of children who constitute one child support obligation.
      2. 2. Use the percentages in ch. DCF 150 to determine the child support obligation for the sibling group and then determine the proportionate share for the child who is placed in a residential, nonmedical facility or juvenile detention facility, in conjunction with other applicable provisions in ch. DCF 150.

   2. (b) Adoption assistance. If an adoption assistance agreement under s. 48.975 (4), Stats., is in effect for the child, the parent’s child support amount is as follows:

      1. 1. An amount that does not exceed the amount of any adoption assistance maintenance payments the parent is receiving under s. 48.975 (3) (a), Stats.
      2. 2. Zero dollars if the adoption assistance agreement provides for maintenance payments of $0 under s. 48.975 (3) (a) 3., Stats.
3. (3) Court deviation. Upon request by a parent, the court may deviate from the child support amount determined under sub. (2) if, after considering the factors specified in s. 49.345 (14) (c), the court finds by the greater weight of the credible evidence that the amount is unfair to the child or to either of the parents.

4. (4) Assignment and collection.

   1. (a) An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2), Stats., for child support under s. 49.345 (14) (b) or (c), Stats., constitutes an assignment of all of the following to the county department in the county where the order was entered or to the department:

      1. 1. Salaries, wages, earnings, and commissions.
      2. 2. Worker’s compensation benefits under ch. 102, Stats.
      3. 3. Unemployment insurance benefits under ch. 108, Stats.
      4. 4. Pension benefits.
      5. 5. Income continuation insurance benefits under s. 40.62, Stats.
      6. 6. Duty disability benefits under s. 40.65, Stats.
      7. 7. Any other money due or to be due to the parent in the future.
   2. (b) Except as provided in par. (c), for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person’s necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
   3. (c) Unemployment insurance payments under ch. 108, Stats., may be assigned and withheld only as provided in s. 108.13 (4), Stats. When money is to be withheld from these payments, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
   4. (d) No employer may use an assignment as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. Any violation is subject to penalties specified in s. 49.345 (14) (e) 4., Stats.

History

History: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.