Support in Wisconsin

How Wisconsin Calculates Child Support

Wisconsin is one of the few states that uses a percentage of income model for child support, governed by Wis. Stat. Section 767.511 and the administrative guidelines in DCF 150 (Department of Children and Families rules). Unlike the income shares model used in most states, Wisconsin’s approach calculates the support obligation primarily as a flat percentage of the paying parent’s gross income.

The standard percentages are:

• 17% of gross income for 1 child
• 25% for 2 children
• 29% for 3 children
• 31% for 4 children
• 34% for 5 or more children

Gross income includes wages, salary, commissions, bonuses, overtime, pensions, Social Security, workers’ compensation, unemployment benefits, interest, dividends, rental income, and other income sources. Courts may impute income to a parent who is voluntarily unemployed or underemployed.

These percentages produce a presumptive child support amount. While the percentage-of-income approach is simpler than the income shares model used in most other states, courts may deviate from the standard percentages based on several factors. For a comparison of how different states handle child support calculations, see our guide on how child support is calculated. You can estimate your potential obligation with our child support calculator.

Shared-Time and Split-Placement Adjustments

Wisconsin adjusts the standard percentages when both parents have significant time with the child:

• Shared-time payer. When the paying parent has placement for 25% or more of the overnights (at least 92 overnights per year), the shared-time formula under DCF 150.04(2) applies. This formula calculates each parent’s obligation based on their income and the percentage of time spent with the child, then offsets the obligations.
• Split placement. When each parent has primary placement of at least one child, separate calculations are performed and the obligations are offset so that the parent with the higher net obligation pays the difference.

The shared-time formula can produce substantially different results than the standard percentages, particularly when both parents have similar incomes and roughly equal placement time.

Modifying or Terminating Child Support

Either parent may seek a modification of child support by demonstrating a substantial change in circumstances since the last order. Wisconsin also allows modification when the existing order deviates from the current guidelines by a significant percentage. Additionally, either parent may request a review of the order every 33 months through the child support agency.

Child support in Wisconsin continues until the child turns 18, or until age 19 if the child is still pursuing a high school diploma or high school equivalency. Support also terminates upon the child’s marriage, death, or emancipation. Wisconsin does not generally require parents to fund post-secondary education, though parents may agree to do so.

Enforcement of Child Support Orders

Wisconsin’s Bureau of Child Support has comprehensive enforcement authority:

• Income withholding from wages (mandatory for most new orders)
• Interception of state and federal tax refunds
• Suspension of driver’s licenses, professional licenses, and recreational licenses
• Liens on real and personal property
• Financial institution data matches and bank account levies
• Reporting to credit bureaus
• Contempt of court, which can result in fines or jail time

Arrearages accrue interest and cannot be retroactively forgiven. Any modification takes effect from the date the motion is filed.

Maintenance in Wisconsin

Wisconsin uses the term “maintenance” rather than alimony. Maintenance is governed by Wis. Stat. Section 767.56, which grants courts broad discretion to determine whether maintenance is appropriate and, if so, the amount and duration.

Wisconsin does not have a statutory formula for maintenance. Instead, the court considers a comprehensive list of factors under Section 767.56(1c):

• The length of the marriage
• The age and physical and emotional health of the parties
• The division of property
• The educational level of each party at the time of marriage and at the time of the divorce
• The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment
• The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal
• The tax consequences to each party
• Any mutual agreement made by the parties before or during the marriage
• The contribution by one party to the education, training, or increased earning power of the other
• Any other factors the court deems relevant

Common Approaches to Maintenance Duration

While there is no binding formula, Wisconsin courts have developed general patterns:

• Short-term marriages (under 10 years) often result in rehabilitative maintenance for a limited period designed to help the lower-earning spouse gain self-sufficiency.
• Moderate-length marriages (10-20 years) may produce maintenance for a significant portion of the marriage’s duration, depending on the income disparity and other factors.
• Long-term marriages (20 years or more) may result in indefinite maintenance, particularly when one spouse has been out of the workforce for an extended period and achieving self-sufficiency at a comparable standard of living is unlikely.

The court may also structure maintenance as a limited-term award with a specific end date, or as an indefinite award subject to future modification.

Modification and Termination of Maintenance

Either party may seek modification of maintenance by showing a substantial change of circumstances. Maintenance terminates upon the death of either party or the remarriage of the recipient. Cohabitation is not an automatic ground for termination in Wisconsin, but it may serve as evidence of a change in the recipient’s financial circumstances that could support a modification.

When to Seek Legal Guidance

Wisconsin’s percentage-of-income model for child support is more straightforward than many states, but the shared-time formula and maintenance determinations still involve significant complexity. If you are evaluating a support issue, consider scheduling a free consultation with an experienced family law professional.

Statutes referenced: Wis. Stat. Section 767.511 (child support), DCF 150 (child support guidelines), Wis. Stat. Section 767.56 (maintenance).