Skip to content
Bills from the 2021–22 session

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 ⁠.

  1. Introduced, passed

    Feb 11, 2021

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 16, 2021

  4. Assembly vote, passed

    Passed May 11, 2021

  5. Governor, passed

    Signed

  6. Law, here now

    2021 Wisconsin Act 35

Latest entry in the official record, May 24, 2021: “Published 5-22-2021”

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

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

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

Authors (2)

Signed on in support (10)

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

  1. May 24, 2021

    The new law was published.

  2. May 24, 2021

    The governor signed it. It became 2021 Wisconsin Act 35.

  3. May 20, 2021

    Sent to the governor.

  4. May 11, 2021

    The Assembly passed it too.

  5. May 6, 2021

    Sent to the Assembly Committee on Rules.

  6. Mar 17, 2021

    The Assembly received it.

  7. Mar 16, 2021

    The Senate passed it.

  8. Mar 3, 2021

    The committee voted to recommend passing it, 5 to 0.

  9. Feb 22, 2021

    The committee held a public hearing.

  10. Feb 11, 2021

    Sent to the Senate Committee on Human Services, Children and Families.

  11. Feb 11, 2021

    Introduced in the Senate.

See the official record, word for word
  1. Feb 11, 2021 · Senate

    Introduced by Senators Jacque and Ballweg; cosponsored by Representatives Brooks, Brandtjen, Bowen, Dittrich, Gundrum, Moses, Mursau, Skowronski, Tusler and Wichgers

  2. Feb 11, 2021 · Senate

    Read first time and referred to Committee on Human Services, Children and Families

  3. Feb 22, 2021 · Senate

    Public hearing held

  4. Feb 23, 2021 · Senate

    LRB correction

  5. Mar 2, 2021 · Senate

    Executive action taken

  6. Mar 3, 2021 · Senate

    Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0

  7. Mar 3, 2021 · Senate

    Available for scheduling

  8. Mar 12, 2021 · Senate

    Placed on calendar 3-16-2021 pursuant to Senate Rule 18(1)

  9. Mar 16, 2021 · Senate

    Read a second time

  10. Mar 16, 2021 · Senate

    Ordered to a third reading

  11. Mar 16, 2021 · Senate

    Rules suspended

  12. Mar 16, 2021 · Senate

    Read a third time and passed

  13. Mar 16, 2021 · Senate

    Ordered immediately messaged

  14. Mar 17, 2021 · Assembly

    Received from Senate

  15. May 6, 2021 · Assembly

    Read first time and referred to committee on Rules

  16. May 6, 2021 · Assembly

    Placed on calendar 5-11-2021 by Committee on Rules

  17. May 11, 2021 · Assembly

    Rules suspended to withdraw from calendar and take up

  18. May 11, 2021 · Assembly

    Read a second time

  19. May 11, 2021 · Assembly

    Ordered to a third reading

  20. May 11, 2021 · Assembly

    Rules suspended

  21. May 11, 2021 · Assembly

    Read a third time and concurred in

  22. May 11, 2021 · Assembly

    Ordered immediately messaged

  23. May 12, 2021 · Senate

    Received from Assembly concurred in

  24. May 18, 2021 · Senate

    LRB correction

  25. May 18, 2021 · Senate

    Report correctly enrolled

  26. May 20, 2021 · Senate

    Presented to the Governor on 5-20-2021

  27. May 24, 2021 · Senate

    Report approved by the Governor on 5-21-2021. 2021 Wisconsin Act 35

  28. 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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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