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767.553.Annual adjustments in support orders.

Subch. VI: Support and Maintenance · Last amended 2021 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.553 lets a support order carry an annual adjustment tied to the payer's income, adjusted by stipulation on a court form or, if a party will not sign, by motion.

Full Text of Section 767.553

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(1) WHEN ADJUSTMENT MAY BE ORDERED. (a) An order for child support under this chapter may provide for an annual adjustment in the amount to be paid based on a change in the payer’s income if the amount of child support is expressed in the order as a fixed sum and based on the percentage standard established by the department under s. 49.22 (9). No adjustment may be made under this section unless the order provides for the adjustment.
(b) An adjustment under this section may not be made more than once in a year and shall be determined on the basis of the percentage standard established by the department under s. 49.22 (9).
(c) In the order the court shall specify what information the parties must exchange to determine whether the payer’s income has changed in accordance with s. 767.54.
(2) FORM FOR STIPULATING. If the court provides for an annual adjustment, the court shall make available to the parties, including the state if the state is a real party in interest under s. 767.205 (2) (a), a form approved by the court for the parties to use in stipulating to an adjustment of the amount of child or family support and to modification of any applicable income-withholding order. The form shall include an order, to be signed by the court, for approval of the stipulation of the parties.
(3) INCOME CHANGES. (a) If the payer’s income changes from the amount found by the court or stipulated to by the parties for the current child or family support order, the parties may implement an adjustment under this section by stipulating, on the form under sub. (2), to the changed income amount and the adjusted child or family support amount, subject to sub. (1) (b).
(b) The stipulation form shall be signed by all parties, including the state if the state is a real party in interest under s. 767.205 (2) (a), and filed with the court. If the stipulation is approved, the order shall be signed by the court and implemented in the same manner as an order for a revision under s. 767.59. An adjustment under this subsection is effective as of the date on which the order is signed by the court.
(4) IMPLEMENTATION; WHEN EFFECTIVE. (a) Any party, including the state if the state is a real party in interest under s. 767.205 (2) (a), may file a motion, petition, or order to show cause for implementation of an annual adjustment under this section if any of the following applies: 1. A party refuses to provide the information required by the court under sub. (1) (c). 2. The payer’s income changes, but a party refuses to sign the stipulation for an adjustment in the amount of child or family support.
(b) If the court determines after a hearing that an adjustment should be made, the court shall enter an order adjusting the child or family support payments by the amount determined by the court, subject to sub. (1) (b). An adjustment under this subsection may not take effect before the date on which the party responding to the motion, petition, or order to show cause received notice of the action under this subsection.
(c) Notwithstanding par. (b), the court may direct that all or part of the adjustment not take effect until such time as the court directs, if any of the following applies: 1. The payee was seeking an adjustment and the payer establishes that extraordinary circumstances beyond his or her control prevent fulfillment of the adjusted child or family support obligation. 2. The payer was seeking an adjustment and the payee establishes that the payer voluntarily and unreasonably reduced his or her income below his or her earning capacity. 3. The payer was seeking an adjustment and the payee establishes that the adjustment would be unfair to the child.
(d) If in an action under this subsection the court determines that a party has unreasonably failed to provide the information required under sub. (1) (c) or to provide the information on a timely basis, or unreasonably failed or refused to sign a stipulation for an annual adjustment, the court may award to the aggrieved party actual costs, including service costs, any costs attributable to time missed from employment, the cost of travel to and from court, and reasonable attorney fees.
(5) REVISION OR REMEDIAL SANCTIONS. (a) Nothing in this section affects a party’s right to file at any time a motion, petition, or order to show cause under s. 767.59 for revision of a judgment or order with respect to an amount of child or family support.
(b) Nothing in this section affects a party’s right to move the court for a finding of contempt of court or for remedial sanctions under ch. 785 if the other party unreasonably fails to provide or disclose information required under this section or unreasonably fails or refuses to sign a stipulation for an annual adjustment.
End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1981 c. 20; 1983 a. 27; 1993 a. 481; 1995 a. 27 s. 9126 (19); 1995 a. 404; 1997 a. 27; 2001 a. 16, 61, 105; 2005 a. 443 ss. 167, 224; Stats. 2005 s. 767.553; 2021 a. 35, 259.

Plain-English Summary

Revision under the general section needs a substantial change in circumstances and a hearing. This section offers a lighter alternative, but only if the original order provided for it.

When it is available. A child support order may provide for an annual adjustment based on a change in the payer's income where the amount is expressed as a fixed sum and based on the department's percentage standard. No adjustment may be made unless the order provides for it, it may not be made more than once in a year, and it is determined on the percentage standard. The order must also specify what information the parties exchange to see whether income has changed.

The easy path. The court makes a form available. If the payer's income has changed, the parties — including the state where it is a real party in interest — sign the form stipulating to the new income and the adjusted amount, file it, and the court signs. The adjustment takes effect on the day the court signs.

When someone will not co-operate. A party may file a motion, petition or order to show cause if the other refuses to provide the required information, or if income has changed and they will not sign. After a hearing the court adjusts the payments, and the adjustment cannot take effect before the responding party had notice. The court may delay all or part of it where extraordinary circumstances beyond the payer's control prevent performance, where the payer voluntarily and unreasonably cut their income below earning capacity, or where the adjustment would be unfair to the child. A party who unreasonably withholds information or refuses to sign can be made to pay the other's actual costs, including time missed from work, travel to court, and reasonable attorney fees.

Nothing here removes the right to seek a full revision, or to ask for contempt and remedial sanctions.

Frequently Asked Questions

Can Wisconsin child support adjust automatically each year?

Only if the order provides for it. An order may carry an annual adjustment where the amount is a fixed sum based on the percentage standard, and no adjustment may be made under this section otherwise.

How often can it be adjusted?

Not more than once in a year, and always on the basis of the percentage standard.

What if the other party will not sign the form?

File a motion, petition or order to show cause. After a hearing the court may order the adjustment, and may award you actual costs, travel, time missed from employment and reasonable attorney fees if the refusal was unreasonable.

When does the adjustment take effect?

A stipulated adjustment takes effect on the date the court signs the order. A court-ordered one may not take effect before the responding party received notice of the action.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.553), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source
Also known as: annual child support adjustment Wisconsinstipulated support adjustment767.553 annual adjustment