Wisconsin Statutes & Annotations
Chapter 767 - Actions affecting the family.
767.55 - Child support: employment-related orders.

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), 767.804 (3), 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), 767.804 (3), 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), 767.804 (3), 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), 767.804 (3), 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), 767.804 (3), 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.
History: 2005 a. 443 ss. 40, 41, 107, 108, 135, 136, 223; 2007 a. 20; 2015 a. 331; 2019 a. 95.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 767 - Actions affecting the family.

767.001 - Definitions.

767.005 - Scope.

767.01 - Jurisdiction.

767.041 - Full faith and credit; comity.

767.055 - Uniform Divorce Recognition Act.

767.105 - Information from the office of family court commissioner.

767.117 - Prohibited acts during pendency of action.

767.127 - Financial disclosure.

767.13 - Impoundment of record.

767.14 - Change of address.

767.16 - Circuit court commissioner or law partner; when interested; procedure.

767.17 - De novo review.

767.18 - Actions to affirm marriage.

767.201 - Civil procedure generally governs.

767.205 - Parties; title of actions.

767.215 - Initiating action; petition and response.

767.217 - Notice to Child Support Program.

767.225 - Orders during pendency of action.

767.235 - Trial or hearing on judgment.

767.241 - Award of attorney fees and other fees and costs.

767.251 - Content, preparation, and approval of judgment.

767.264 - Dismissal; vacation; substitution or withdrawal of attorney.

767.273 - Allowances pending appeal.

767.281 - Filing procedures and orders for enforcement or modification of judgments or orders.

767.301 - Residence requirements.

767.313 - Annulment.

767.315 - Grounds for divorce and legal separation.

767.317 - Defenses abolished.

767.323 - Suspension of proceedings to effect reconciliation.

767.331 - Actions for certain interspousal remedies.

767.333 - Initial orders based on stipulation prior to judgment.

767.335 - Waiting period for final hearing or trial.

767.34 - Court-approved stipulation.

767.35 - Judgment of divorce or legal separation.

767.36 - Copies of judgment to parties.

767.375 - Effect on transfers at death.

767.385 - Maintenance, legal custody, and support when divorce or separation denied.

767.395 - Name of spouse.

767.401 - Educational programs and classes.

767.405 - Family court services.

767.407 - Guardian ad litem for minor children.

767.41 - Custody and physical placement.

767.43 - Visitation rights of certain persons.

767.44 - Prohibiting visitation or physical placement if a parent kills other parent.

767.451 - Revision of legal custody and physical placement orders.

767.461 - Revisions agreed to by stipulation.

767.471 - Enforcement of physical placement orders.

767.481 - Relocating a child's residence.

767.501 - Actions to compel support.

767.511 - Child support.

767.513 - Child health care expenses.

767.521 - Action by state for child support.

767.531 - Family support.

767.54 - Required exchange of financial information.

767.55 - Child support: employment-related orders.

767.553 - Annual adjustments in support orders.

767.56 - Maintenance.

767.57 - Maintenance, child support, and family support payments; fees.

767.58 - Notice of change of employer, address, and ability to pay; other information.

767.59 - Revision of support and maintenance orders.

767.61 - Property division.

767.63 - Disposed assets may be subject to division.

767.70 - Child support enforcement: notice and service of process.

767.71 - Reconciling percentage-expressed support orders.

767.73 - Delinquent child or family support; suspension of operating privilege.

767.75 - Assignment of income for payment obligations.

767.76 - Account transfers.

767.77 - Enforcement of payment obligations.

767.78 - Enforcement; contempt proceedings.

767.80 - Determination of paternity.

767.803 - Determination of marital children.

767.804 - Genetic test results.

767.805 - Voluntary acknowledgment of paternity.

767.813 - Summons.

767.814 - Names on pleadings after paternity determined.

767.815 - Enlargement of time in a paternity proceeding.

767.82 - Paternity procedures.

767.83 - Right to counsel.

767.84 - Genetic tests in paternity actions.

767.85 - Temporary orders.

767.853 - Paternity hearings and records; confidentiality.

767.855 - Dismissal if adjudication not in child's best interest.

767.86 - Time of first appearance.

767.863 - First appearance.

767.865 - Deceased respondent.

767.87 - Testimony and evidence relating to paternity.

767.88 - Pretrial paternity proceedings.

767.883 - Trial.

767.89 - Paternity judgment.

767.893 - Default and stipulated judgments.

767.895 - Motion to reopen judgment based on statement acknowledging paternity.