AB100: Bill Text

AB100, s. 30 Section 30. 767.267 (2) of the statutes is amended to read:

AB100,16,11 767.267 (2) A financial institution that receives an authorization for transfer under sub. (1) shall transfer the amounts as specified in the authorization or shall transfer the amount available for transfer if at a time of transfer that amount is less than the amount specified in the authorization. The financial institution may accomplish the transfer by any lawful means, including payment by check, subject to the terms of the account. The financial institution may deduct from the payer's account for each transfer its usual fee for such fund transfers. If the account is closed or if no funds are available at a time of transfer, the financial institution shall notify the clerk of court or support collection designee, whichever is appropriate, within 10 days after the date on which the funds should have been transferred.

AB100, s. 31 Section 31. 767.267 (5) of the statutes is amended to read:

AB100,16,16 767.267 (5) A financial institution or an officer, employe or agent of a financial institution may disclose information to the court, family court commissioner or, clerk of court or support collection designee concerning an account for which a payer has executed an authorization for transfer under sub. (1).

AB100, s. 32 Section 32. 767.29 (title) of the statutes is amended to read:

AB100,16,20 767.29 (title) Maintenance, child support and family support payments, clerk of court, receipt and disbursement; family court commissioner, fees and compensation.

AB100, s. 33 Section 33. 767.29 (1) of the statutes is amended to read:

AB100,18,2 767.29 (1) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of the court, or support collection designee in a county that has designated a support collection designee under s. 59.07 (97m), for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of the court or support collection designee. Except as provided in sub. (1m), the clerk or support collection designee shall disburse the money so received under the judgment or order within 15 days and take receipts therefor, unless the clerk or support collection designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk or support collection designee, whichever is appropriate, which shall be open to inspection by the department of health and social services for the administration of the child and spousal support and establishment of paternity program under s. 46.25, the parties to the action and their attorneys, and the family court commissioner. If the maintenance, child support or family support payments adjudged or ordered to be paid shall not be paid to the clerk or support collection designee at the time provided in the judgment or order, the clerk or support collection designee or the family court commissioner of the county shall take such proceedings as either of them deems he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of the court or support collection designee.

AB100, s. 34 Section 34. 767.29 (1m) (intro.) of the statutes is amended to read:

AB100,18,10 767.29 (1m) (intro.)  Notwithstanding ss. 767.25 (6), 767.261 and 767.51 (5p), if the clerk of court or support collection designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the clerk or support collection designee determines is for support or maintenance due in a succeeding month, the clerk or support collection designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

AB100, s. 35 Section 35. 767.29 (1m) (d) of the statutes is amended to read:

AB100,18,13 767.29 (1m) (d) The clerk or support collection designee determines that the overpayment should be held until the month when it is due.

AB100, s. 36 Section 36. 767.29 (2) of the statutes is amended to read:

AB100,19,6 767.29 (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 or support collection designee, 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.

AB100, s. 37 Section 37. 767.32 (1r) of the statutes is amended to read:

AB100,19,13 767.32 (1r) In an action under sub. (1) to revise a judgment or order with respect to child support or family support, the court may not grant credit to the payer against support due prior to the date on which the action is commenced for payments made by the payer on behalf of the child other than payments made to the clerk of court or support collection designee under s. 767.265 or 767.29 or as otherwise ordered by the court.

AB100, s. 38 Section 38. 767.51 (3m) (c) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:

AB100,20,5 767.51 (3m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court shall keep a record of all moneys received and disbursed by the clerk for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection designee.

AB100, s. 39 Section 39. 767.51 (5p) (intro.) of the statutes is amended to read:

AB100,20,14 767.51 (5p) (intro.)  A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB100, s. 40 Section 40. 767.51 (5p) (a) of the statutes is amended to read:

AB100,20,21 767.51 (5p) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB100, s. 41 Section 41. 814.61 (12) (b) (intro.) of the statutes is amended to read:

AB100,21,12 814.61 (12) (b) Maintenance payments and support. (intro.) For Except in counties that have designated a county support collection designee under s. 59.07 (97m), for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.39 (9m), an annual fee of up to $25 to be paid by each party ordered to make payments. The Except in counties that have designated a county support collection designee under s. 59.07 (97m), the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk shall may not deduct the annual fee from the maintenance or support payment, but:

AB100, s. 42 Section 42. 814.612 of the statutes is created to read:

AB100,22,3 814.612 Fees of designee for receiving and disbursing support. In a county that has designated a county support collection designee under s. 59.07 (97m), the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.07 (97m) (b) 1., shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:

AB100,22,5 (1) The support collection designee has standing to move the court for a remedial sanction under ch. 785.

AB100,22,8 (2) The support collection designee may apply to the court or court commissioner for an assignment relating to the annual fee in accordance with s. 767.265.

AB100, s. 43 Section 43. Effective date. This act takes effect on the day after publication, except as follows:

AB100,22,13 (1)  The treatment of sections 767.25 (4m) (c) 1. and 767.51 (3m) (c) 1. of the statutes and the repeal and recreation of sections 767.265 (3h) and (6) (a) and (b) and 767.267 (1) of the statutes take effect on January 1, 1996.

AB100,22,14 (End)