Child Support
Wis. Stat. 767.511 — the percentage standard in every order unless a court finds it unfair: 17% of income for one child, up to 34% for five or more
When a Wisconsin court enters a judgment of divorce, legal separation or annulment, enters a paternity judgment, or approves a stipulation for child support, it orders either or both parents to pay an amount reasonable or necessary to support the child. The amount is set by the percentage standard, unless the court deviates from it.
Who handles this in Wisconsin: legal aid programs, lawyer referral and the state offices, listed in the Wisconsin directory.
| Children | Share of the payer's monthly income available for child support |
|---|---|
| ChildrenOne | Share of the payer's monthly income available for child support17% |
| ChildrenTwo | Share of the payer's monthly income available for child support25% |
| ChildrenThree | Share of the payer's monthly income available for child support29% |
| ChildrenFour | Share of the payer's monthly income available for child support31% |
| ChildrenFive or more | Share of the payer's monthly income available for child support34% |
Income here is monthly: the parent's annual gross income, or that income adjusted for business expenses, plus any income the court imputes from earning capacity or from assets, divided by 12.
Not working by choice. If a parent is voluntarily unemployed or underemployed without good cause, the court may impute income based on earning capacity, weighing things like recent work, past earnings, skills, education, and barriers such as the lack of a driver's license. A parent's incarceration may not be treated as voluntary unemployment.
Shared placement. Where both parents have court ordered placement of at least 25 percent, or 92 days a year counted in overnights or equivalent care, and each covers the child's basic costs in proportion to that time, a shared placement formula may be used. Each parent's income is multiplied by the percentage, then by 150%, then by the share of time the child spends with the other parent, and the two amounts are offset. The parent who owes more pays the lesser of that amount or the plain percentage amount.
Higher incomes. The court must apply the percentages above to monthly income available for child support under $7,000. To the part from $7,000 to $12,500, and to the part over $12,500, it may apply lower percentages.
| Children | Under $7,000 | $7,000 to $12,500 | Over $12,500 |
|---|---|---|---|
| ChildrenOne | Under $7,00017% | $7,000 to $12,50014% | Over $12,50010% |
| ChildrenTwo | Under $7,00025% | $7,000 to $12,50020% | Over $12,50015% |
| ChildrenThree | Under $7,00029% | $7,000 to $12,50023% | Over $12,50017% |
| ChildrenFour | Under $7,00031% | $7,000 to $12,50025% | Over $12,50019% |
| ChildrenFive or more | Under $7,00034% | $7,000 to $12,50027% | Over $12,50020% |
Lower incomes. Where a payer's total economic circumstances limit the ability to pay at the standard, the court may use the low income schedule in Appendix C to the rules, which the department revises every year from the federal poverty guidelines. Below the lowest income on that schedule, the court may set an amount suited to the payer's circumstances.
Leaving the standard. On a party's request, the court may set a different amount if it finds, by the greater weight of the credible evidence, that the percentage standard is unfair to the child or to a party. The factors include the financial resources of the child and of both parents, maintenance, the standard of living the child would have had, child care costs, substantial placement with both parents, travel costs for placement, the child's health and educational needs, tax consequences, the child's best interests and each parent's earning capacity. The court then states, in writing or on the record, what the standard would require, how far its order departs from that, and why.
Health care is ordered too. Besides support, the court assigns responsibility for the child's health care expenses and how they are paid. A parent may be required to start or keep health insurance for the child and to give the other parent the child's insurance identification card.
Payment through the state. Every support order directs that payments be made to the department or its designee, which keeps a record of what comes in and goes out. A party ordered to pay owes an annual receiving and disbursing fee of $65.
Withheld from pay. A support order is an assignment of the payer's wages and other income. Toward any arrears, it can add up to 50 percent of the support due, so long as that does not leave the payer below the federal poverty line.
Until 18, or 19 in high school. Support is ordered for a child under 18, or under 19 while the child is pursuing an accredited course of instruction toward a high school diploma or its equivalent.
1% a month on arrears. A party ordered to pay support owes simple interest of 1 percent per month on arrears equal to or greater than one month's support. The department may run a pilot program at 0.5 percent per month instead.
Every year by May 1. In a case with a support order, the parties exchange financial information each year by May 1, unless they agree otherwise in writing: the prior year's tax returns with all W-2 and 1099 forms, a year end pay stub, the most recent pay stub, and other proof of income for the past 12 months. A party who does not can be held in contempt of court.
Changing the order. The amount is revised only on a substantial change in circumstances. One is presumed where 33 months have passed since the last order, unless support is set as a percentage of income; where a parent has begun receiving aid to families with dependent children or taking part in Wisconsin Works; or where the payer did not make the yearly disclosure. A change in the payer's income or earning capacity, or in the child's needs, may also count. A revision does not reach support due before the other party was given notice of the action, except to correct errors in calculation.
A yearly adjustment. An order for a fixed sum based on the percentage standard may provide for an adjustment for a change in the payer's income, no more than once a year, by a stipulation form the court provides.
Joint legal custody does not change the amount of support. A custodial parent's violation of placement rights is not a reason to stop paying support. Liability for past support is limited to the time after the child's birth.
The worksheet in Appendix B and the low income schedule in Appendix C are not on this page. How the percentages and these rules apply to a particular family is a question for a licensed Wisconsin attorney.
Sources for this section (10)
- Wis. Stat. 767.511 — Child support
- Wis. Admin. Code DCF 150.035 — Determining the child support obligation
- Wis. Admin. Code DCF 150.04 — Determining the child support obligation in special circumstances
- Wis. Admin. Code DCF 150.03 — Support orders
- Wis. Stat. 767.513 — Child health care expenses
- Wis. Stat. 767.57 — Maintenance, child support, and family support payments; fees
- Wis. Stat. 767.75 — Assignment of income for payment obligations
- Wis. Stat. 767.54 — Required exchange of financial information
- Wis. Stat. 767.59 — Revision of support and maintenance orders
- Wis. Stat. 767.553 — Annual adjustments in support orders
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.