How Does Shared Placement Affect Wisconsin Child Support?
Shared physical placement does not automatically eliminate child support. In Wisconsin, child support in shared-placement cases is generally calculated using a formula that considers both parents' incomes, the number of children, and the percentage of placement exercised by each parent. A parent can therefore have equal or substantial placement and still owe support if the parents' incomes differ.
When does the shared-placement formula apply?
Under Wisconsin's child support guidelines, the shared-placement calculation generally applies when both parents have court-ordered placement of at least 25 percent, or 92 days per year, based on overnights or qualifying equivalent care, and each parent is responsible for the child's basic support costs in proportion to placement. The placement schedule in the court order matters.
The basic formula
The shared-placement calculation starts with each parent's income available for child support and applies the percentage standard for the number of children. The guideline percentages are generally 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and 34 percent for five or more children. The resulting amount is multiplied by 150 percent, then adjusted by the proportion of time the child spends with the other parent. The parents' resulting obligations are offset against one another, producing a net support obligation.
Why is there a 150 percent multiplier?
The multiplier recognizes that when children live in two households, both parents incur fixed basic costs such as housing, food, clothing, and transportation. The shared-placement formula is intended to recognize those duplicated costs rather than simply applying the straight percentage standard to one parent.
What are variable costs?
Variable costs are reasonable child-related expenses above basic support costs. They can include items such as child care, tuition, special needs, and other expenses that vary depending on the child's activities and circumstances. In a shared-placement case, the court assigns responsibility for variable costs in connection with the support order, considering the parents' placement shares and income disparity.
Does 50/50 placement mean zero support?
No. Equal placement equalizes the placement component of the formula, but it does not equalize income. If one parent earns substantially more than the other, the formula may still result in support being paid from the higher-income parent to the lower-income parent. Conversely, where incomes are similar, the calculated transfer payment may be relatively small.
Can a court deviate from the guideline result?
Yes, but deviation requires the statutory process. Under Wis. Stat. section 767.511, a court may deviate from the percentage standard if application of the guideline would be unfair to the child or a party after considering the statutory factors. When deviating, the court must make the findings required by law, including identifying the guideline amount and explaining the basis for the deviation.
Placement and support are related but separate
Placement should not be negotiated simply as a way to increase or decrease child support. Wisconsin courts determine placement according to the child's best interests. Child support is then calculated based on the governing support rules, including the ordered placement schedule and the parents' financial circumstances.
Official Wisconsin resources
Wisconsin DCF - Shared Placement Worksheet: https://dcf.wisconsin.gov/files/cs/order/worksheet-shared-placement.pdf
Wis. Stat. section 767.511 - Child support: https://law.justia.com/codes/wisconsin/chapter-767/section-767-511/
General information only. This page is not legal advice, and the application of Wisconsin law depends on the facts of each case.