Senate Bill 105
Calculating the child support obligation and elimination of family support
Became law
The governor signed it on May 24, 2021. It's .
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Introduced, passed
Feb 11, 2021
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 16, 2021
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Assembly vote, passed
Passed May 11, 2021
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Governor, passed
Signed
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Law, here now
2021 Wisconsin Act 35
Latest entry in the official record, May 24, 2021: “Published 5-22-2021”
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Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill reorganizes certain aspects of the Department of Children and Families administrative rules relating to commonly used child support formulas in order to reflect current practices. The manner of calculating the amount of child support and the applicable formulas are not changed in the bill. The bill also makes statutory changes to eliminate future family support orders.
Under current DCF rules, the child support formula that applies in a shared physical placement arrangement is included among the formula for “special circumstances.” The bill moves the formula that applies in a shared physical placement arrangement to a new section of DCF's rules before all of the child support formula variations. The bill also specifies that, under DCF rules, the designated percentage that applies in a nonshared physical placement arrangement applies only if the conditions for the shared placement formula do not apply.
Read the full summary Show less
The bill creates a new defined term under the DCF rules for a “designated percentage,” to mean the applicable percentage of a parent's monthly income, or adjusted monthly income, that is available for child support. The “designated percentage” phrase is then used within the calculations for a shared-placement arrangement and circumstances of a serial-family parent, split-placement parents, and combinations of special circumstances.
The bill retitles the applicable DCF administrative code chapter from “Child Support Percentage of Income Standard” to “Child Support Standard.” The bill also removes the definition of the term “standard” or “percentage standard” from DCF's rules and moves a Note appended to the definition of “standard” in the DCF rules to the new definition of the “designated percentage.” The Note specifies that the standard is based on national studies and is adjusted downward to reflect costs incurred by a parent when a child is in the parent's care and costs to maintain a child's health insurance.
The bill moves the listing of the designated percentage amounts, and the standard that applies to a request for a deviation from the percentage standard, to be placed with and follow the shared physical placement arrangement formula under DCF's rules. The new section is titled, “Determining the child support obligation.” The bill also updates cross-references within the DCF rules to reflect the reorganization of the shared physical placement and designated percentage provisions.
In addition to the administrative code changes, the bill also changes the statutes to eliminate family support orders, providing that no new family support orders may be issued beginning on the bill's effective date. Family support orders issued before the bill's effective date would remain in effect and be subject to all provisions in current law that apply to family support orders, including provisions relating to calculating interest and the duties of DCF regarding application of payments received.
Under current law, family support is an alternative that combines the component parts of child support and maintenance in a single obligation, and is based upon the same criteria that apply to orders for child support and maintenance.
Family support payments are treated as maintenance payments for federal and state tax purposes, so that the family support payment amount is deductible to the payor-spouse, and taxable to the recipient-spouse. However, under s. 11051 of the federal Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible by the payor-spouse and are not included in income to the recipient-spouse. This change applies to any divorce or separation instrument executed after December 31, 2018. Divorce and separation instruments modified after the December 31, 2018, effective date are subject to prior law unless the modification expressly provides that the modified agreement be governed by the new law.
Who's behind it
2 senators are its . All 2 are Republicans.
10 more lawmakers .
See all 12 names Hide the names
Authors (2)
- Joan Ballweg · Republican, Senate
- André Jacque · Republican, Senate
Signed on in support (10)
- David Bowen · Democrat, Assembly
- Janel Brandtjen · Republican, Assembly
- Rob Brooks · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Clint Moses · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Ken Skowronski · Republican, Assembly
- Ron Tusler · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
How lawmakers voted
There was one vote on this bill.
Senate Committee on Human Services vote to recommend it
Passed, 5 to 0 · Mar 3, 2021
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0”. Official record · This vote on its own page
What happened
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May 24, 2021
The new law was published.
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May 24, 2021
The governor signed it. It became 2021 Wisconsin Act 35.
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May 20, 2021
Sent to the governor.
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May 11, 2021
The Assembly passed it too.
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May 6, 2021
Sent to the Assembly Committee on Rules.
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Mar 17, 2021
The Assembly received it.
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Mar 16, 2021
The Senate passed it.
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Mar 3, 2021
The committee voted to recommend passing it, 5 to 0.
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Feb 22, 2021
The committee held a public hearing.
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Feb 11, 2021
Sent to the Senate Committee on Human Services, Children and Families.
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Feb 11, 2021
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 11, 2021 · Senate
Introduced by Senators Jacque and Ballweg; cosponsored by Representatives Brooks, Brandtjen, Bowen, Dittrich, Gundrum, Moses, Mursau, Skowronski, Tusler and Wichgers
- Feb 11, 2021 · Senate
Read first time and referred to Committee on Human Services, Children and Families
- Feb 22, 2021 · Senate
Public hearing held
- Feb 23, 2021 · Senate
LRB correction
- Mar 2, 2021 · Senate
Executive action taken
- Mar 3, 2021 · Senate
Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0
- Mar 3, 2021 · Senate
Available for scheduling
- Mar 12, 2021 · Senate
Placed on calendar 3-16-2021 pursuant to Senate Rule 18(1)
- Mar 16, 2021 · Senate
Read a second time
- Mar 16, 2021 · Senate
Ordered to a third reading
- Mar 16, 2021 · Senate
Rules suspended
- Mar 16, 2021 · Senate
Read a third time and passed
- Mar 16, 2021 · Senate
Ordered immediately messaged
- Mar 17, 2021 · Assembly
Received from Senate
- May 6, 2021 · Assembly
Read first time and referred to committee on Rules
- May 6, 2021 · Assembly
Placed on calendar 5-11-2021 by Committee on Rules
- May 11, 2021 · Assembly
Rules suspended to withdraw from calendar and take up
- May 11, 2021 · Assembly
Read a second time
- May 11, 2021 · Assembly
Ordered to a third reading
- May 11, 2021 · Assembly
Rules suspended
- May 11, 2021 · Assembly
Read a third time and concurred in
- May 11, 2021 · Assembly
Ordered immediately messaged
- May 12, 2021 · Senate
Received from Assembly concurred in
- May 18, 2021 · Senate
LRB correction
- May 18, 2021 · Senate
Report correctly enrolled
- May 20, 2021 · Senate
Presented to the Governor on 5-20-2021
- May 24, 2021 · Senate
Report approved by the Governor on 5-21-2021. 2021 Wisconsin Act 35
- May 24, 2021 · Senate
Published 5-22-2021
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote