(c) 1. In this paragraph:
a. "Court support services fee" means the fee under s. 814.634.
b. "Judicial need" means the need for a circuit judge, calculated under the weighted caseload formula, based on case filings in the previous calendar year for those types of cases which the director of state courts determines are likely to involve significant guardian ad litem costs.
c. "Weighted caseload formula" means the formula utilized by the director of state courts to assist in determining the comparative need for circuit court judges in this state, based on the number of cases filed in a given year and the judicial time needed to process the cases.
2. The amount paid to each county under par. (b) shall be the sum of the following amounts:
a. The amount determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by one-third of the total amount to be paid under par. (b).
b. The amount determined by dividing the judicial need for the county by the total judicial need for all counties in this state and multiplying that result by one-third of the total amount to be paid under par. (b).
c. The amount determined by dividing the amount of court support services fees charged and collected in the county in the previous calendar year by the total amount of court support services fees charged and collected in the state in the previous calendar year and multiplying that result by one-third of the total amount to be paid under par. (b).
(d) Annually, no later than July 1, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:
1. The total cost of guardian ad litem compensation that the county incurred under chs. 48, 55, 767 and 880 in the previous calendar year.
2. The total guardian ad litem compensation that the county initially paid under chs. 48, 55, 767 and 880 and that was recovered in the previous calendar year by the county from another responsible person.
27,7095m Section 7095m. 758.19 (7) of the statutes is created to read:
758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy, the governor and the secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in section 16.70 (5) of the statutes. The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.
27,7096 Section 7096. 766.565 (7) of the statutes is amended to read:
766.565 (7) With respect to consumer credit transactions, the commissioner division of banking may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.
27,7096t Section 7096t. 767.045 (6) of the statutes is amended to read:
767.045 (6) Compensation. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court shall order either or both parties to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If either or both parties are unable to pay indigent, the court may direct that the county of venue pay the compensation and fees, in whole or in part, and may direct that any or all parties reimburse the county, in whole or in part, for the payment. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). The court may order a separate judgment for the amount of the reimbursement in favor of the county and against the party or parties responsible for the reimbursement. The court may enforce its orders under this subsection by means of its contempt power.
27,7098 Section 7098. 767.078 (1) (b) 1. of the statutes is amended to read:
767.078 (1) (b) 1. Register for work at a public employment office established under s. 101.23 106.09.
27,7098c Section 7098c. 767.078 (1) (d) 1. c. of the statutes is amended to read:
767.078 (1) (d) 1. c. The parent who is absent from the home works, on average, less than 32 hours per week and is not participating in an employment training program that meets criteria established by the department of industry, labor and human relations.
27,7098e Section 7098e. 767.078 (1) (d) 3. of the statutes is amended to read:
767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of health and social services industry, labor and human relations conducts the program under s. 49.25.
27,7100 Section 7100. 767.10 (2) (b) of the statutes is amended to read:
767.10 (2) (b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the stipulation.
27,7100h Section 7100h. 767.23 (1) (am) of the statutes is amended to read:
767.23 (1) (am) Granting Upon the request of a party, granting periods of physical placement to a party specified in s. 767.24 (4). The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.
27,7101 Section 7101. 767.25 (4m) (a) of the statutes is amended to read:
767.25 (4m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.
27,7102 Section 7102. 767.25 (4m) (e) 1. of the statutes is amended to read:
767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.
27,7103 Section 7103. 767.254 (2) (a) of the statutes is amended to read:
767.254 (2) (a) Register for work at a public employment office established under s. 101.23 106.09.
27,7104tm Section 7104tm. 767.29 (2) of the statutes is amended to read:
767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19, shall forward all support assigned under s. 49.19 (4) (h) 1. or 49.45 (19) to the department of industry, labor and human relations.
27,7105 Section 7105 . 767.295 (2) (a) (intro.) of the statutes is amended to read:
767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2), the court may order a parent who lives in that county and who is not a custodial parent to register for a work experience and job training program under s. 46.253, if all of the following conditions are met:
27,7106 Section 7106 . 767.295 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2) 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. 46.253 49.36 if all of the following conditions are met:
27,7107 Section 7107. 767.295 (2) (a) 1m. of the statutes is created to read:
767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 and that county agrees to enroll the parent in the program.
27,7108 Section 7108. 767.295 (2) (a) 1m. of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 49.36 and that county agrees to enroll the parent in the program.
27,7108c Section 7108c. 767.295 (2) (a) 2. of the statutes is amended to read:
767.295 (2) (a) 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 of health and social services industry, labor and human relations.
27,7109 Section 7109. 767.295 (2) (c) of the statutes is amended to read:
767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 46.25 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) 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. 46.253 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the obligation to make payments ordered under this paragraph ceases.
27,7112 Section 7112. 767.455 (5) of the statutes is amended to read:
767.455 (5) Form. The summons shall be in substantially the following form:
STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D.
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address .... (Case Classification Type): .... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:
Time:
Room:
Judge or Family Court Commissioner:
Address:
If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint you one subject to certain limitations only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.
Dated: ...., 19 ..
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
27,7113b Section 7113b. 767.455 (5g) (form) 2. of the statutes is amended to read:
767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. One limitation is that representation by the appointed attorney will end if during the proceedings all only upon one or more of the blood tests show taken during the proceedings showing that you are not excluded as the father or and that the statistical probability of your being the father is less than 99.0% or higher. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .
27,7115 Section 7115. 767.51 (3m) (a) of the statutes is amended to read:
767.51 (3m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.
27,7116 Section 7116. 767.51 (3m) (e) 1. of the statutes is amended to read:
767.51 (3m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.
27,7118m Section 7118m. 767.52 (1) of the statutes is amended to read:
767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.
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