A stipulation is a formal written agreement between parties to change a current court order or judgment. Because this is a stipulation, neither party will have to appear in court. If this agreement is approved and signed by the judge, it becomes a court order. You are encouraged to seek legal assistance to verify that these forms are the most appropriate for your situation, as court staff cannot give legal advice.
Agreeing to Changes to the Current Child Support Amount:
The State of Wisconsin has set standard guidelines for determining child support (referred to as the child support percentage of income standards and are outlined in DCF Ch. 150. These guidelines first take into account the number of children and the placement arrangements for each child and then uses the gross monthly income of one or both parties to make the calculation. Other factors, also referred to as deviations, such as health insurance and those listed in WI. Stat. 767.511, may be considered and a final support amount is determined. To begin calculating support, parents must first determine which guideline applies to them. There is a standard guideline that applies to every case. The percentage standard guidelines are as follows:
Split-placement standard: There are two or more children subject to support and each parent has placement of at least one of the children.
Shared-placement standard: Both parents have been court ordered to have placement of at least 25% or 92 days per year with the child(ren).
Serial-family standard: The paying parent has a previous court ordered child support obligation.
Low-income payer standard: The paying parent's gross monthly income is less than $1,350 (based on 2009 poverty guidelines).
High income payer standard: The paying parent's gross monthly income is more than $7,000.
If none of the above apply, then a straight percentage standard applies as follows:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children
Once you determine the standard calculation that applies to your case, there are interactive calculators, worksheets, and charts available to assist you in determining the amount support would be using this standard calculation. Make note of this amount. It will be necessary for you to report it on the forms attached and in future court proceedings.
Deviations
Once the standard child support amount is determined, you must consider health insurance as a deviation and may consider others as defined in WI. Stat. 767.511. Depending on the circumstance, deviations can either increase or decrease the standard child support guideline amount. Although there are many reasons parents may agree or courts may order the child support to deviate from the standard, health insurance is required to be considered in determining a final child support amount.
Parents are required to provide private health insurance for their minor child(ren) if:
Service providers are located within 30 miles or 30 minutes from the child’s residence, and
The cost is reasonable. If the parent's cost to add the children to an existing policy (or the difference between the self-only and family plan) is not more than 5% of the parent's gross monthly income. (see examples below)
When insurance meets the above criteria, the parent paying for the insurance may receive an upward or downward deviation from the standard child support amount. In other words, if the parent paying for insurance is:
The parent paying child support, he/she may get a reduction in the amount of child support he/she has to pay OR
The parent receiving child support, he/she may get an increase in the amount of child support he/she receives.
Examples:
Adding the children to an existing policy
a parent's gross monthly income is $2500
5% of the gross monthly income is $125
the parent now pays $900/month for his or her employer's family health insurance
the coverage is for the parent and a new spouse
the premium after adding the child from a former spouse is $1000
the difference between the current premium and adding the child is $100 ($1000 - $900) and is less than 5% of the parent's gross monthly income
Difference between the self-only and family plan
a parent's gross monthly income is $2500
5% of the gross monthly income is $125
the parent's employer offers self-only health insurance (single policy) for $600/month
the health insurance premium for family coverage is $1000
the difference between the self-only and family plan is $400 ($1000 - $600) and is more than 5% of the parent's income
For other deviations, it is important that you be able to explain why/how they affect your situation and also be able to quantify them. In other words, determine how much money (actual dollar amount) each particular factor will affect child support. After considering the health insurance deviation and others, if applicable, you must then add or subtract any deviation amount(s) from the standard child support amount. This amount becomes the actual child support amount that is ordered by the court.
PROCEDURAL CHECKLIST
Complete the Stipulation to Change: Support /Maintenance/Custody/Placement (FA-604VA). (When filing a Stipulation that includes Property Division please indicate this on the Stipulation)
Come to the Family Division Office between 8:30 am and 4:00 pm, Monday through Friday, to have your form reviewed for completeness and to determine if the State of Wisconsin needs to approve of the stipulation.
Make three (3) copies (you should have 4 sets in all) of the Stipulation. Prepare two (2) self-addressed stamped envelopes, one addressed to you and one addressed to the other party. You can make your own copies in the Business Center Office for $.25 per page on the coin-operated copier. Please bring cash as it accepts $1, $5, $10 bills and coins only.
Go to the Family Division Office to file the original, copies, and envelopes with the clerk. You may also mail all materials to the Family Division.
The court will review the documents and generate an order either approving or denying the stipulation. The order will be attached to the stipulation and sent to each party in the envelopes provided.
Court Related Offices
Clerk of Circuit Court, Family Division Office Waukesha County Courthouse, Rm C-167 515 W. Moreland Blvd. Waukesha, WI 53188 262-548-7544 http://courtselfhelp.waukeshacounty.gov
Office Hours: Monday-Friday 8:00 a.m.-4:30 p.m.
Available Services:
Accept Filings and Fees Distribution of Forms, Packets, & Procedural Guides (fees may apply) Notary Public Services Review of forms for completeness: Monday-Friday 8:30 a.m.-4:00 p.m.
Family Legal Clinic (By Appointment ONLY): Wednesdays with appointments starting at 3:00 p.m.
20 minutes of free legal advice with a volunteer attorney.
Eligibility requirements: Individuals with a Waukesha County Family Court case, do not have an attorney, have never utilized the Family Legal Clinic before, have family court related legal questions, and are in need of assistance.
Family Court Services Waukesha County Courthouse, Rm C-355 515 W Moreland Boulevard Waukesha, WI 53188 262-548-7900
Office Hours: Monday -Friday, 8:00 a.m. to 4:30 p.m.
Available Services: Child physical placement related mediation and studies/evaluations
Waukesha County Child Support Enforcement Agency Administration Building, Room 348 515 W. Moreland Blvd. Waukesha WI 53188 414-615-2586
