– from Laura R. in Genesse, WI
My husband and I are in the process of getting a divorce. He will be taking our two children, which means I will be paying child support to him. How do I calculate child support payments. I have heard of standard percentage. Does it fluctuate or is it a set percentage of income?
Family Law Attorney Response:
Every state has set child support guidelines as well as several different child support worksheets you can fill out. There are also options when determining child support. In Wisconsin our support order guidelines help determine the amount due from one spouse to the other in the event of a divorce or legal separation. Below you will find the type of information you need to as well as the percentages required for payment based on Wisconsin DCF 150. You can also click here to use our child support calculator.
First we need to calculate the paying party’s net income. To determine net income we need to add up monies considered income like the following:
- Overtime work
- Rental income
- Interest income
Once the gross income is determined the court will determine the net income of the paying party. This is not done by using tax returns rather the court will deduct social security taxes, federal income taxes based on the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax, union dues, and expenses for the cost of health insurance for the child. It is also worth mentioning that child support is not taxable by the spouse receiving it, so it will not be a tax related issue for the recipient of it.
The court will then use a standard percentage model based on the number of children.
- For 1 child, it is 17%
- For 2 children, it is 25%
- For 3 children it is 29%
- For 4 children, it is 31%
- For 5 children, it is 34%
Wisconsin Child Support Examples for Sole Custody
|Monthly Income||1 child (17%)||2 children (25%)||3 children (29%)||4 children (31%)||5 children (34%)|
To refer directly to the DCF 150 review page 2 of the pdf the section labeled DCF 150.03 Support Orders (1)
Below is a worksheet the state of Wisconsin has published to help calculate the amount child support payers will pay in child support. It is referenced as Appendix B in the DCF 150.03 (1)
If you need further assistance please contact us we would be happy to help.
Jeff Hughes, J.D.