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.
565.30 (5m) (a) of the statutes is amended to read:
(a) The administrator shall report to the department of children 3
and families the name, address and social security number of each winner of a lottery 4
prize that is payable in installments and the name, address and social security 5
number or federal income tax number of the person who has been assigned a lottery 6
prize that is payable in installments. Upon receipt of the report, the department of 7
children and families shall certify to the administrator whether any payee or 8
assignee named in the report is obligated to provide child support, spousal support, 9
maintenance 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), 11
767.89 (3), 767.893 (2m) or 948.22 (7) or ch. 769 and the amount required to be 12
withheld from the lottery prize under s. 767.75. Subject to par. (b), the administrator 13
shall withhold the certified amount from each payment made to the winner or 14
assignee and remit the certified amount to the department of children and families.
767.225 (1) (e) of the statutes is repealed.
767.34 (1) of the statutes is amended to read:
767.34 (1) Authority.
The parties in an action for an annulment, divorce, or 18
legal separation may, subject to the approval of the court, stipulate for a division of 19
property, 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 21
case a divorce or legal separation is granted or a marriage annulled.
767.35 (1) (c) of the statutes is amended to read:
(c) To the extent that it has jurisdiction to do so, the court has 3
considered and approved or made provision for legal custody and physical placement, 4
the support of any child of the marriage entitled to support, the maintenance of either 5
spouse, the support of the family under s. 767.531,
and the disposition of property.
767.511 (6m) of the statutes is amended to read:
767.511 (6m) Pilot program on interest rate.
The department may conduct 8
a pilot program under which the interest that accrues on the amounts in arrears 9
specified in sub. (6) and in
s. 767.531, 2017 stats., and in sub. (6)
shall be at the rate 10
of 0.5 percent per month instead of 1 percent per month. If the department conducts 11
a pilot program under this subsection, the program may begin at any time after 12
December 31, 2013, and the new rate shall apply to interest that accrues during that 13
767.531 (intro.) of the statutes is amended to read:
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 18
ordered to pay family support under this section, 2017 stats.,
shall pay simple 19
interest at the rate of 1 percent per month on any amount in arrears that is equal to 20
or 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 22
the rate of 1 percent per month shall accrue on the total amount of child support in 23
arrears, if any. Interest under this section is in lieu of interest computed under s. 24
807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee 25
under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee
shall apply all payments received for family support ordered under this section, 2017
767.54 of the statutes is amended to read:
4767.54 Required exchange of financial information.
In an action in 5
which 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 7
an action to revise a judgment or order under s. 767.59, the court shall require the 8
parties annually to exchange financial information. Information disclosed under 9
this section is subject to s. 767.127 (3). A party who fails to furnish information 10
required by the court under this section may be proceeded against for contempt of 11
court under ch. 785. If the court finds that a party has failed to furnish information 12
required under this section, the court may award to the party bringing the action 13
costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
767.553 (1) (a) of the statutes is amended to read:
(a) An order for child or family
support under this chapter may 16
provide for an annual adjustment in the amount to be paid based on a change in the 17
payer's income if the amount of child or family
support is expressed in the order as 18
a fixed sum and based on the percentage standard established by the department 19
under s. 49.22 (9). No adjustment may be made under this section unless the order 20
provides for the adjustment.
767.59 (1) of the statutes is amended to read:
767.59 (1) Definition.
In this section, “support or maintenance order" means 23
a 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), 25
938.357 (5m) (a), 938.363 (2), or 948.22 (7), for maintenance payments under s.
767.56, for family support payments under this chapter s. 767.531, 2017 stats.
, or for 2
the appointment of trustees or receivers under s. 767.57 (5).
767.61 (3) (i) of the statutes is amended to read:
(i) The amount and duration of an order under s. 767.56 granting 5
maintenance payments to either party, any order for periodic family support 6
payments under s. 767.531, 2017 stats.,
and whether the property division is in lieu 7
of such payments.
767.71 (1) (a) of the statutes is amended to read:
(a) In this section, “support order" means an order for child support 10
under 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 12
767.73 (1) (a) of the statutes is amended to read:
(a) In this subsection, “support payment" means a payment ordered 15
for support under s. 767.521, support under s. 767.501, child support or family 16
support under s. 767.225, child support under s. 767.511, family support under s. 17
767.531, 2017 stats.,
revised child or family support under s. 767.59, child support 18
under s. 767.863 (3), child support under s. 767.85, child support under s. 767.89, 19
child support under s. 767.805 (4), child support under ch. 769, or child support under 20
s. 948.22 (7).
767.75 (1) (b) of the statutes is amended to read:
(b) “Payment order" means an order for child support under this 23
chapter, for maintenance payments under s. 767.225 or 767.56, for family support 24
under this chapter, 2017 stats.,
for costs ordered under s. 767.805 (4) or 767.89 (3), 25
for support by a spouse under s. 767.001 (1) (f), or for maintenance payments under
s. 767.001 (1) (g); an order for or obligation to pay the annual receiving and 2
disbursing fee under s. 767.57 (1e) (a); an order for a revision in a judgment or order 3
with respect to child support, maintenance, or family support payments under s. 4
767.59; a stipulation approved by the court for child support under this chapter; and 5
an order for child or spousal support entered under s. 948.22 (7).
767.77 (1) of the statutes is amended to read:
767.77 (1) Definition.
In this section, “payment obligation" means an 8
obligation 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 10
or maintenance under s. 767.501, child support, family support,
or maintenance 11
under s. 767.225, child support under s. 767.511, maintenance under s. 767.56, 12
family support under s. 767.225, 2017 stats., or s.
767.531, 2017 stats.,
attorney fees 13
under s. 767.241, child support or a child's health care expenses under s. 767.85, 14
paternity obligations under s. 767.805 (4), 767.863 (3), or 767.89, support arrearages 15
under s. 767.71, or child or spousal support under s. 948.22 (7).
767.78 (1) of the statutes is amended to read:
767.78 (1) Definition.
In this section, “financial obligation" means an 18
obligation for payment incurred under s. 767.531, 2017 stats., or
s. 48.355 (2) (b) 4. 19
or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511,
767.61, 767.71, 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 21
4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
(1) This act first applies to orders entered on the effective date of this 24