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SECOND AMENDED SUMMONS
CIRCUIT COURT
FAMILY COURT BRANCH
STATE OF WISCONSIN
MILWAUKEE COUNTY
Case No.: 19-FA-000046
Case Code: 40101
In re the marriage of:
LAURA PARGE
2773 N. 87TH ST.
MILWAUKEE, WI 53222,
Petitioner -and-
CHRISTOPHER PARGE
2316 CAMDEN VIEW DRIVE # 304
BRANDON, FL 33510 (LAST KNOWN),
Respondent
THE STATE OF WISCONSIN
To the person named above as respondent:
You are hereby notified that the petitioner named above has filed a petition for divorce against you, which is attached, stating the nature and basis of the legal action.
Within 20 days of receiving this summons, you must respond with a written answer, as that term is used in Wis. Stat. ch. 802, to the petition. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to this court, whose address is:
Milwaukee County Courthouse
901 N. 9th Street
Milwaukee, WI 53233
and to LINDSEY M. WHITE of PROBST LAW OFFICES, S.C. the Petitioner's attorney, whose address is:
1011 N. Mayfair Road
Suite 203
Wauwatosa, WI 53226
You may have an attorney help or represent you.
If you do not provide a proper response within 20 days, the court may grant a judgment against you for the award of money or other legal action requested in the petition, or you may lose your right to object to anything that is or may be incorrect in the petition. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future and may also be enforced by garnishment of wages or seizure of property.
You are further notified of the availability of information set forth in Wis. Stat. § 767.105 from the office of family court commissioner, which provides as follows:
767.105 Information from the office of family court commissioner.
(1) Information on available services. Upon the filing of an action affecting the family, the office of family court commissioner shall inform the parties of any services, including referral services, offered by the office of family court commissioner and by the director of family court services under s. 767.405.
(2) Other information on request. Upon request of a party to an action affecting the family, including a revision of judgment or order under s. 767.451 or 767.59:
(a) The office of family court commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced:
1. The procedure for obtaining a judgment or order in the action.
2. The major issues usually addressed in such an action.
3. Community resources and family court services available to assist the parties.
4. The procedure for setting, modifying and enforcing child support awards or modifying and enforcing legal custody or physical placement judgments or orders.
(b) The office of family court commissioner shall provide a party, for inspection or purchase, with a copy of the statutory provisions in this chapter generally pertinent to the action.
You are further notified that if you and the petitioner have (a) minor child(ren), violation of the following criminal statute is punishable by a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both:
948.31 Interference with custody by parent or others. (1)(a) In this subsection, “legal custodian of a child” means:
1. A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship, or habeas corpus.
2. The department of health and family services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person or agency.
(b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.
(2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.803, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.
(3) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class F felony:
(a) Intentionally conceals a child from the child's other parent.
(b) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining child custody rights, takes the child or causes the child to leave with intent to deprive the other parent of physical custody as defined in s. 822.02(14).
(c) After issuance of a temporary or final order specifying joint legal custody rights and periods of physical placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period.
(4)(a) It is an affirmative defense to prosecution for violation of this section if the action:
1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to the child;
2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of physical harm or sexual assault to himself or herself;
3. Is consented to by the other parent or any other person or agency having legal custody of the child; or
4. Is otherwise authorized by law.
(b) A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.
(5) The venue of an action under this section is prescribed in s. 971.19(8).
(6) In addition to any other penalties provided for violation of this section, a court may order a violator to pay restitution, regardless of whether the violator is placed on probation under s. 973.09, to provide reimbursement for any reasonable expenses incurred by any person or any governmental entity in locating and returning the child. Any such amounts paid by the violator shall be paid to the person or governmental entity which incurred the expense on a prorated basis. Upon the application of any interested party, the court shall hold an evidentiary hearing to determine the amount of reasonable expenses.
If you and the petitioner have minor children, accompanying this summons will be a document setting forth the percentage standard for child support established by the Department of Workforce Development under Wis. Stat. § 49.22(9) and listing the factors that a court may consider for modification of that standard under Wis. Stat. § 767.511(1m).
Dated: February 26, 2019.
PROBST LAW OFFICES, S.C.
Attorney for Petitioner
By: LINDSEY M. WHITE
State Bar No. 1088716
Probst Law Offices, S.C.
1011 N. Mayfair Rd., Ste. 203
Wauwatosa, Wisconsin 53226
Telephone: (414) 210-3135
Fax: (414) 210-3218
WISCONSIN DEPARTMENT OF WORKFORCE DEVELOPMENT PERCENTAGE OF INCOME STANDARD FOR CHILD SUPPORT
AUTHORITY AND PURPOSE
Wis. Stats. Section 49.22(9) required the Department of Workforce Development (DWD) to adopt and publish a standard, based upon a percentage of the gross income and assets of either or both parents, to be used by courts in determining child support obligations. Chapter DWD 40 of the Wisconsin Administrative Code establishes Wisconsin's percentage of income standard for child support. It is based upon the principle that the child's standard of living should, to the degree possible, be the same as if the child's parents were living together.
Chapter DWD 40 defines the income upon which the support obligation is based, and sets the percentage of income for computing the support obligation based upon the number of children. It also explains optional procedures for adjusting the obligation when the parents share placement, when the payer has an obligation to support another family, or when the payer has particularly high or low income.
APPLICABILITY
The Percentage of Income Standard applies to any temporary or final order for child support, including child support settlements agreed to by both parents, and modifications of existing child support orders. The Percentage of Income Standard may be used to calculate family support (a combined payment of child support and maintenance). When used to calculate family support, the amount determined under the standard should be increased by the amount necessary to provide a net family support payment, after state and federal income taxes are paid, of at least the amount of a child support payment under the standard.
DEFINITION OF INCOME AND ASSETS
The Percentage of Income Standard defines gross income as income from any source, whether or not it is reported or taxed under federal law. The income may be in the form of money, property, or services. To determine the “gross income available for child support” in a case, subtract from gross income any public assistance payments or child support received from previous marriages, or business expenses that the court has determined are reasonably necessary to produce income or operate the business, and add to the gross income any wages paid to dependent household members.
The court may also determine that income from assets should be “imputed” or assumed at a given level, and that imputed income will be added to the gross income when calculating the support obligation.
THE PERCENTAGE STANDARD
The percentages are:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children
Wisconsin statutes permit temporary and final support orders to be expressed as a percentage of parental income or as a fixed sum, or as a combination.
For further details, refer to Chapter DWD 40 of the Wisconsin Administrative Code.
NOTICE OF PERCENTAGE STANDARD - PATERNITY OR DIVORCE
Wis. Stats. § 767.80 DETERMINATION OF PATERNITY or § 767.215 PETITION AND RESPONSE
§767.80(7) and 767.215(1(b). The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under Wis. Stats § 767,80(1)(g) or (6m), a document setting forth the percentage standards established by the department under Wis. Stats. § 49.22(9) and listing the factors which a court may consider under Wis. Stats § 767.511(1m).
STATUTORY FACTORS COURTS MAY CONSIDER IN DETERMINING CHILD SUPPORT AWARDS - PATERNITY OR DIVORCE
Wis. Stats. § 767.511(1m). Upon request of a party, the court may modify the amount of child support payments determined under Wis. Stats. § 767.511(1j) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties:
(a) The financial resources of the child.
(b) The financial resources of both parents.
(bj) Maintenance received by either party.
(bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902(2).
(bz) The needs of any person, other than the child, whom either party is legally obligated to support.
(c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.
(d) The desirability that the custodian remain in the home as a full-time parent.
(e) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
(ej) The award of substantial periods of physical placement to both parties.
(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under Wis. Stats. § 767.41.
(f) The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under Wis. Stats. § 767.513.
(g) The child's educational needs.
(h) The tax consequences to each party.
(hm) The best interests of the child.
(hs) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.
(i) Any other factors which the court in each case determines are relevant.
March 8, 15, 22, 2019 19-01198H