Section 767.55. Child support: employment-related orders.

 

(1)   Generally. In an action for modification of a child support order under s. 767.59 or an action in which an order for child support is required under s. 767.511 (1) , 767.805 (4) , or 767.89 (3) , the court may order either or both parents of the child to seek employment or participate in an employment or training program.

(2)   Noncustodial parent.

(a) In this subsection, “custodial parent" means a parent who lives with his or her child for substantial periods of time.

(am) In an action for modification of a child support order under s. 767.59 , an action in which an order for child support is required under s. 767.511 (1) , 767.805 (4) , or 767.89 (3) , or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 (2) , the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 if all of the following conditions are met:

1. The parent is able to work full time.

1m. The parent resides in a county, or resides within a reasonable driving distance, as determined by the court, from a county, that has a work experience and job training program under s. 49.36 and that agrees to enroll the parent in the program.

2. The parent works, on average, less than 32 hours per week, and is not participating in an employment or training program which meets guidelines established by the department.

3. The parent's actual weekly gross income averages less than 40 times the federal minimum hourly wage under 29 USC 206 (a) (1) or the parent is earning less than the parent has the ability to earn, as determined by the court.

(b) Under this subsection, the parent is presumed to be able to work full time. The parent has the burden of proving that he or she is not able to work full time.

(c) If the court enters an order under par. (am) , it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever occurs first. The court shall provide in its order that the parent shall make child support payments calculated under s. 767.511 (1j) or (1m) after the obligation to make payments ordered under this paragraph ceases.

(3)   Absent parent.

(a) In this subsection, “case involving a dependent child" means an action which meets all of the following criteria:

1. Is an action for modification of a child support order under s. 767.59 or an action in which an order for child support is required under s. 767.511 (1) , 767.805 (4) , or 767.89 (3) .

2. The child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2. , 48.645 (3) , or 49.19 (4) (h) 1. b.

3. The child has been deprived of parental support by reason of the continued absence of a parent from the home.

(b) Except as provided in par. (c) , in a case involving a dependent child, if the child's parent who is absent from the home is not employed, the court shall order that parent to do one or more of the following:

1. Register for work at a public employment office established under s. 106.09 .

2. Apply for jobs.

3. Participate in a job training program.

(c) An order is not required under par. (b) if the court makes written findings that there is good cause for not issuing the order.

(d) Paragraph (b) does not limit the authority of a court to issue an order, other than an order under par. (b) , regarding employment of a parent in an action for modification of a child support order under s. 767.59 or an action in which an order for child support is required under s. 767.511 (1) , 767.805 (4) , or 767.89 (3) .

(4)   Unemployed teenage parent.

(a) In this subsection, “unemployed teenage parent" means a parent who satisfies all of the following criteria:

1. Is less than 20 years of age.

2. Is unemployed.

3. Is financially unable to pay child support.

4. Would be ordered to make payments for the support of a child but for subd. 3.

(b) In an action for revision of a judgment or order providing for child support under s. 767.59 or an action in which an order for child support is required under s. 767.511 (1) , 767.805 (4) , or 767.89 (3) , the court shall order an unemployed teenage parent to do one or more of the following:

1. Register for work at a public employment office established under s. 106.09 .

2. Apply for jobs.

3. Participate in a job training program.

4. Pursue or continue to pursue an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent if the unemployed teenage parent has not completed a recognized high school course of study or its equivalent, except that the court may not order the unemployed teenage parent to pursue instruction if the instruction requires the expenditure of funds by the unemployed teenage parent other than normal transportation and personal expenses.

2005 a. 443 ss. 40 , 41 , 107 , 108 , 135 , 136 , 223 ; 2007 a. 20 ; 2015 a. 331 .