DCFS INFO MEMO 2004 - 02
February 25, 2004
STATE OF WISCONSIN
When an adopted child whose parents receive a monthly adoption assistance amount is removed from the adoptive home and placed in out-of-home care, the court is required, under s.46.10(14)(b), Wis. Stats., to determine an amount of child support. In these cases, the county social/human service department, the child support agency, and the adoptive family may have concerns about the establishment and payment of an equitable amount of child support to the facility/foster home providing care for the child because such child support could be considered a disincentive for people to adopt children with special care needs.
Title IV-D of the Social Security Act generally requires the collection of child support for children in out-of-home care. (Please refer to Numbered Memo DCS-90-28 for more information.) The amount of child support is determined by the court under s.46.10(14)(b) through (d), Wis. Stats.
When adoption assistance is being provided, s. 46.10(14)(cm), Wis. Stats, provides specific requirements about court-ordered child support for certain out-of-home care placements. The child support is usually set at the child support percentage standard or the current monthly amount of adoption assistance being received, whichever is less.
The court may order the monthly adoption assistance amount be paid directly to the county or a family may request that it be done. To notify the Department to send the monthly adoption assistance amount to a clerk of court or county social/human service department, the court order for assignment of Wisconsin adoption assistance benefits should be sent to:
Adoption Assistance Accountant
Adoption assistance staff in the Bureau of Programs and Policies can facilitate with concerns related to specific situations.