2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of Department
of Children and Families. Referred to Committee on Judiciary.
1An Act to amend
767.75 (3h) and 767.87 (6) (a) of the statutes;
2removing the gross income reporting requirement for wage garnishment and
3changing a reference to federal law (suggested as remedial legislation by the
4Department of Children and Families).
Analysis by the Legislative Reference Bureau
This bill removes the requirement in current law that when an employer or
other income source garnishes an individual's income to pay maintenance, child
support, spousal support, or family support, the employer or other income source
must report to the Department of Children and Families or its designee the gross
income of the individual or other gross amount from which the payment was
This bill also updates a reference to federal law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
767.75 (3h) of the statutes is amended to read:
767.75 (3h) Duties of person receiving assignment notice.
A person who 7
receives notice of assignment under this section or s. 767.225 (1) (L) or 767.513 (3)
or similar laws of another state shall withhold the amount specified in the notice 2
from any money that person pays to the payer later than one week after receipt of 3
notice of assignment. Within 5 days after the day the person pays money to the payer, 4
the person shall send the amount withheld to the department or its designee or, in 5
the case of an amount ordered withheld for health care expenses, to the appropriate 6
health care insurer, provider, or plan. With each payment sent to the department or
7its designee, the person from whom the payer receives money shall report to the
8department or its designee the payer's gross income or other gross amount from
9which the payment was withheld.
Except as provided in sub. (3m), for each payment 10
sent to the department or its designee, the person from whom the payer receives 11
money shall receive an amount equal to the person's necessary disbursements, not 12
to exceed $3, which shall be deducted from the money to be paid to the payer. Section 13
241.09 does not apply to assignments under this section.
767.87 (6) (a) of the statutes is amended to read:
(a) Whenever the state brings the action to determine paternity 16
pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 17
(4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, 18
the natural mother of the child may not be compelled to testify about the paternity 19
of the child if it has been determined that the mother has good cause for refusing to 20
cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) 42 USC
and the federal regulations promulgated pursuant to this statute, as of 22
July 1, 1981, and pursuant to any rules promulgated by the department which 23
define good cause in accordance with the federal regulations, as authorized by 42
24USC 602 (a) (26) (B) 42 USC 654 (29)
in effect on July 1, 1981.