LRB-0667/1
SWB:amn
2019 - 2020 LEGISLATURE
March 22, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Ways and Means.
AB101,1,4 1An Act to repeal 767.225 (1) (e); and to amend 565.30 (5m) (a), 767.34 (1),
2767.35 (1) (c), 767.511 (6m), 767.531 (intro.), 767.54, 767.553 (1) (a), 767.59 (1),
3767.61 (3) (i), 767.71 (1) (a), 767.73 (1) (a), 767.75 (1) (b), 767.77 (1) and 767.78
4(1) of the statutes; relating to: elimination of family support.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Child Placement and Support. Under current
law, family support is an alternative that combines the component parts of child support
and maintenance in a single obligation, and is based upon the same criteria that apply
to orders for child support and maintenance. Family support payments are treated for
federal and state tax purposes as maintenance payments, so that the family support
payment amount is deductible to the payor-spouse, and taxable to the recipient-spouse.
However, under s. 11051 of the federal Tax Cuts and Jobs Act of 2017, maintenance
payments are no longer deductible by the payor-spouse and are not included in income
to the recipient-spouse. This change will apply to any divorce or separation instrument
executed after December 31, 2018. Divorce and separation instruments modified after

the December 31, 2018, effective date will be subject to prior law unless the modification
expressly provides that the modified agreement be governed by the new law.
The bill provides that no new family support orders may be issued beginning on the
bill's effective date. Family support orders issued before the bill's effective date would
remain in effect and be subject to all provisions in current law that apply to family support
orders, including provisions relating to calculating interest and the duties of the
Department of Children and Families regarding application of payments received.
AB101,1 1Section 1. 565.30 (5m) (a) of the statutes is amended to read:
AB101,2,142 565.30 (5m) (a) The administrator shall report to the department of children
3and families the name, address and social security number of each winner of a lottery
4prize that is payable in installments and the name, address and social security
5number or federal income tax number of the person who has been assigned a lottery
6prize that is payable in installments. Upon receipt of the report, the department of
7children and families shall certify to the administrator whether any payee or
8assignee named in the report is obligated to provide child support, spousal support,
9maintenance or family support under s. 767.531, 2017 stats., or s. 767.001 (1) (f) or
10(g), 767.225, 767.34, 767.511, 767.531, 767.56, 767.805 (4), 767.85, 767.863 (3),
11767.89 (3), 767.893 (2m) or 948.22 (7) or ch. 769 and the amount required to be
12withheld from the lottery prize under s. 767.75. Subject to par. (b), the administrator
13shall withhold the certified amount from each payment made to the winner or
14assignee and remit the certified amount to the department of children and families.
AB101,2 15Section 2. 767.225 (1) (e) of the statutes is repealed.
AB101,3 16Section 3. 767.34 (1) of the statutes is amended to read:
AB101,2,2117 767.34 (1) Authority. The parties in an action for an annulment, divorce, or
18legal separation may, subject to the approval of the court, stipulate for a division of
19property, for maintenance payments, for the support of children, for periodic family
20support payments under s. 767.531,
or for legal custody and physical placement, in
21case a divorce or legal separation is granted or a marriage annulled.
AB101,4
1Section 4. 767.35 (1) (c) of the statutes is amended to read:
AB101,3,52 767.35 (1) (c) To the extent that it has jurisdiction to do so, the court has
3considered and approved or made provision for legal custody and physical placement,
4the support of any child of the marriage entitled to support, the maintenance of either
5spouse, the support of the family under s. 767.531, and the disposition of property.
AB101,5 6Section 5. 767.511 (6m) of the statutes is amended to read:
AB101,3,137 767.511 (6m) Pilot program on interest rate. The department may conduct
8a pilot program under which the interest that accrues on the amounts in arrears
9specified in sub. (6) and in s. 767.531, 2017 stats., and in sub. (6) shall be at the rate
10of 0.5 percent per month instead of 1 percent per month. If the department conducts
11a pilot program under this subsection, the program may begin at any time after
12December 31, 2013, and the new rate shall apply to interest that accrues during that
13time.
AB101,6 14Section 6. 767.531 (intro.) of the statutes is amended to read:
AB101,4,2 15767.531 Family support. (intro.) The court may make a financial order
16designated “family support" as a substitute for child support orders under s. 767.511
17and maintenance payment orders under s. 767.56.
Subject to s. 767.511 (6m), a party
18ordered to pay family support under this section, 2017 stats., shall pay simple
19interest at the rate of 1 percent per month on any amount in arrears that is equal to
20or greater than the amount of child support due in one month. Subject to s. 767.511
21(6m), if the party no longer has a current obligation to pay child support, interest at
22the rate of 1 percent per month shall accrue on the total amount of child support in
23arrears, if any. Interest under this section is in lieu of interest computed under s.
24807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee
25under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee

1shall apply all payments received for family support ordered under this section, 2017
2stats.,
as follows:
AB101,7 3Section 7. 767.54 of the statutes is amended to read:
AB101,4,13 4767.54 Required exchange of financial information. In an action in
5which the court has ordered a party to pay child or family support under s. 767.225,
62017 stats., or s.767.531, 2017 stats., or child support under
this chapter, including
7an action to revise a judgment or order under s. 767.59, the court shall require the
8parties annually to exchange financial information. Information disclosed under
9this section is subject to s. 767.127 (3). A party who fails to furnish information
10required by the court under this section may be proceeded against for contempt of
11court under ch. 785. If the court finds that a party has failed to furnish information
12required under this section, the court may award to the party bringing the action
13costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
AB101,8 14Section 8. 767.553 (1) (a) of the statutes is amended to read:
AB101,4,2015 767.553 (1) (a) An order for child or family support under this chapter may
16provide for an annual adjustment in the amount to be paid based on a change in the
17payer's income if the amount of child or family support is expressed in the order as
18a fixed sum and based on the percentage standard established by the department
19under s. 49.22 (9). No adjustment may be made under this section unless the order
20provides for the adjustment.
AB101,9 21Section 9. 767.59 (1) of the statutes is amended to read:
AB101,5,222 767.59 (1) Definition. In this section, “support or maintenance order" means
23a judgment or order providing for child support under this chapter or s. 48.355 (2)
24(b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a),
25938.357 (5m) (a), 938.363 (2), or 948.22 (7), for maintenance payments under s.

1767.56, for family support payments under this chapter s. 767.531, 2017 stats., or for
2the appointment of trustees or receivers under s. 767.57 (5).
AB101,10 3Section 10. 767.61 (3) (i) of the statutes is amended to read:
AB101,5,74 767.61 (3) (i) The amount and duration of an order under s. 767.56 granting
5maintenance payments to either party, any order for periodic family support
6payments under s. 767.531, 2017 stats., and whether the property division is in lieu
7of such payments.
AB101,11 8Section 11. 767.71 (1) (a) of the statutes is amended to read:
AB101,5,129 767.71 (1) (a) In this section, “support order" means an order for child support
10under this chapter or s. 948.22 (7), an order for family support under this chapter,
112017 stats., or a stipulation approved by the court for child support under this
12chapter.
AB101,12 13Section 12. 767.73 (1) (a) of the statutes is amended to read:
AB101,5,2014 767.73 (1) (a) In this subsection, “support payment" means a payment ordered
15for support under s. 767.521, support under s. 767.501, child support or family
16support under s. 767.225, child support under s. 767.511, family support under s.
17767.531, 2017 stats., revised child or family support under s. 767.59, child support
18under s. 767.863 (3), child support under s. 767.85, child support under s. 767.89,
19child support under s. 767.805 (4), child support under ch. 769, or child support under
20s. 948.22 (7).
AB101,13 21Section 13. 767.75 (1) (b) of the statutes is amended to read:
AB101,6,522 767.75 (1) (b) “Payment order" means an order for child support under this
23chapter, for maintenance payments under s. 767.225 or 767.56, for family support
24under this chapter, 2017 stats., for costs ordered under s. 767.805 (4) or 767.89 (3),
25for support by a spouse under s. 767.001 (1) (f), or for maintenance payments under

1s. 767.001 (1) (g); an order for or obligation to pay the annual receiving and
2disbursing fee under s. 767.57 (1e) (a); an order for a revision in a judgment or order
3with respect to child support, maintenance, or family support payments under s.
4767.59; a stipulation approved by the court for child support under this chapter; and
5an order for child or spousal support entered under s. 948.22 (7).
AB101,14 6Section 14. 767.77 (1) of the statutes is amended to read:
AB101,6,157 767.77 (1) Definition. In this section, “payment obligation" means an
8obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
9(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
10or maintenance under s. 767.501, child support, family support, or maintenance
11under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
12family support under s. 767.225, 2017 stats., or s.767.531, 2017 stats., attorney fees
13under s. 767.241, child support or a child's health care expenses under s. 767.85,
14paternity obligations under s. 767.805 (4), 767.863 (3), or 767.89, support arrearages
15under s. 767.71, or child or spousal support under s. 948.22 (7).
AB101,15 16Section 15. 767.78 (1) of the statutes is amended to read:
AB101,6,2117 767.78 (1) Definition. In this section, “financial obligation" means an
18obligation for payment incurred under s. 767.531, 2017 stats., or s. 48.355 (2) (b) 4.
19or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56,
20767.61, 767.71, 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b)
214. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
AB101,16 22Section 16. Initial applicability.
AB101,6,2423 (1) This act first applies to orders entered on the effective date of this
24subsection.
AB101,6,2525 (End)
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