61,157
Section
157. 767.11 (13) of the statutes is amended to read:
767.11 (13) Powers of court or family circuit court commissioner. Except as provided in sub. (8), referring parties to mediation under this section does not affect the power of the court or family a circuit court commissioner to make any necessary order relating to the parties during the course of the mediation.
61,158
Section
158. 767.115 (1) (a) of the statutes is amended to read:
767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family
circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order the parties to attend a program specified by the court or family
circuit court commissioner concerning the effects on a child of a dissolution of the marriage.
61,159
Section
159. 767.115 (1) (b) of the statutes is amended to read:
767.115 (1) (b) At any time during the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order either or both of the parties to attend a program specified by the court or family circuit court commissioner providing training in parenting or coparenting skills, or both.
61,160
Section
160. 767.115 (1m) of the statutes is amended to read:
767.115 (1m) A program under sub. (1) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.
61,161
Section
161. 767.115 (2) of the statutes is amended to read:
767.115 (2) Notwithstanding s. 767.07, the court or family circuit court commissioner may require the parties to attend a program under sub. (1) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or family circuit court commissioner.
61,162
Section
162. 767.115 (4) (a) of the statutes is amended to read:
767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family
circuit court commissioner may order the parties to attend a class that is approved by the court or family circuit court commissioner and that addresses such issues as child development, family dynamics, how parental separation affects a child's development and what parents can do to make raising a child in a separated situation less stressful for the child.
61,163
Section
163. 767.115 (4) (b) of the statutes is amended to read:
767.115 (4) (b) The court or family
circuit court commissioner may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court or family circuit court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.
61,164
Section
164. 767.115 (4) (c) 2. of the statutes is amended to read:
767.115 (4) (c) 2. If the court or family circuit court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.
61,165
Section
165. 767.12 (1) of the statutes is amended to read:
767.12 (1) Proceedings. In actions affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 767.13 (5) 757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the reporter and shall be written out and filed with the record if so ordered by the court. Custody proceedings shall receive priority in being set for hearing.
61,166
Section
166. 767.125 of the statutes is amended to read:
767.125 Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or family a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.
61,167
Section
167. 767.13 (title) of the statutes is repealed.
61,168
Section
168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and amended to read:
757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint some reputable attorney of recognized ability and standing at the bar as the a circuit court commissioner to supervise the office of family court commissioner for the county.
2. `Powers; civil service; oath; temporary appointment; assistants.' The family court commissioner, by virtue of the office and to the extent required for the performance of the duties, has the powers of a court commissioner. The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by s.757.68 sub. (1). The circuit court commissioner supervising the office of the family court commissioner, or any assistant circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board. Before entering upon the discharge of the duties the family court commissioner shall take and file the official oath. The person appointed shall continue to act until a successor is appointed and qualified, except that in the event of disability or extended absence the judges may appoint another reputable attorney to act as temporary family court commissioner. The county board may provide that one or more assistant family court commissioners shall be appointed by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district. An assistant family court commissioner shall have the same qualifications as the commissioner and shall take and file the official oath.
61,169
Section
169. 767.13 (2) (title) of the statutes is repealed.
61,170
Section
170. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and amended to read:
757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional assistant family circuit court commissioners commissioner positions as the county board shall determine and authorize, who. Circuit court commissioners shall be appointed from the membership of the bar residing in the county to these positions by the chief judge of the judicial administrative district under ss. 63.01 to 63.17
SCR 75.02 (1).
61,171
Section
171. 767.13 (2) (b), (3) and (4) of the statutes are repealed.
61,172
Section
172. 767.13 (5) (title) and (a) (title) of the statutes are repealed.
61,173
Section
173. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) (intro.) and amended to read:
757.69 (1) (p) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a family court commissioner may preside When assigned to assist in matters affecting the family:
1. Preside at any hearing held to determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce. The family A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this paragraph subdivision unless the judgment modifies an agreement between the parties on material issues. If the family circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.
61,174
Section
174. 767.13 (5) (b) (title) of the statutes is repealed.
61,175
Section
175. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and amended to read:
757.69 (1) (p) 2. On authority delegated by a judge, which may be by a standard order, a family court commissioner may conduct Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.
61,176
Section
176. 767.13 (5) (c) (title) of the statutes is repealed.
61,177
Section
177. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and amended to read:
757.69 (1) (p) 3. Except when otherwise ordered by a judge, a family court commissioner may prohibited by the chief judge of the judicial administrative district, conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.
61,178
Section
178. 767.13 (6) of the statutes is repealed.
61,179
Section
179. 767.13 (7) (title) of the statutes is repealed.
61,180
Section
180. 767.13 (7) of the statutes is renumbered 757.69 (2t) and amended to read:
757.69 (2t) Each family A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.
61,181
Section
181. 767.14 of the statutes is amended to read:
767.14 Service on office of family court commissioner and appearance by family
circuit court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the circuit court commissioner supervising the office of family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such A circuit court commissioner assisting in matters affecting the family may appear in an action under this chapter when appropriate; and shall appear when requested by the court.
61,182
Section
182. 767.145 (1) of the statutes is amended to read:
767.145 (1) After the expiration of the period specified by the statute, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the circuit court commissioner supervising the office of family court commissioner.
61,183
Section
183. 767.15 (1) of the statutes is amended to read:
767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under s. 59.53 (5) of the county in which the action is begun.
61,184
Section
184. 767.16 of the statutes is amended to read:
767.16 Family Circuit court commissioner or law partner; when interested; procedure. Neither a family circuit court commissioner assisting in matters affecting the family nor a partner may appear in any action affecting the family in any court held in the county in which the family circuit court commissioner is acting, except when authorized to appear by s. 767.14. In case the circuit court commissioner or a partner shall be in any way interested in such action, the presiding judge shall appoint some reputable attorney to perform the services enjoined upon such family the circuit court commissioner and such. The appointed attorney, so appointed, shall take and file the oath and receive the compensation provided by law.
61,185
Section
185. 767.17 of the statutes is repealed.
61,186
Section
186. 767.23 (1) (intro.) of the statutes is amended to read:
767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, the court or family
circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:
61,187
Section
187. 767.23 (1) (a) of the statutes is amended to read:
767.23 (1) (a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3), in a manner consistent with s. 767.24, except that the court or family circuit court commissioner may order sole legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.
61,188
Section
188. 767.23 (1) (am) of the statutes is amended to read:
767.23 (1) (am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.24. The court or family circuit 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.
61,189
Section
189. 767.23 (1m) of the statutes is amended to read:
767.23 (1m) If a family circuit court commissioner believes that a temporary restraining order or injunction under s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the family circuit court commissioner shall submit the motion to the court within 5 working days.
61,190
Section
190. 767.23 (1n) of the statutes is amended to read:
767.23 (1n) Before making any temporary order under sub. (1), the court or family circuit court commissioner shall consider those factors that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or family circuit court commissioner shall consider the factors under s. 767.24 (5). If the court or family circuit court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family
circuit court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family
circuit court commissioner. Temporary orders made by the family a circuit court commissioner may be reviewed by the court as provided in s. 767.13 (6).
61,191
Section
191. 767.242 (3) (b) of the statutes is amended to read:
767.242 (3) (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family circuit court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.
61,192
Section
192. 767.242 (3) (c) of the statutes is amended to read:
767.242 (3) (c) A judge or family
circuit court commissioner shall accept any legible petition for an order under this section.
61,193
Section
193. 767.242 (5) (a) of the statutes is amended to read:
767.242 (5) (a) A judge or family
circuit court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or family circuit court commissioner. The judge or family circuit court commissioner may, on his or her own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.
61,194
Section
194. 767.242 (5) (b) (intro.) of the statutes is amended to read:
767.242 (5) (b) (intro.) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the respondent has intentionally and unreasonably denied the petitioner one or more periods of physical placement or that the respondent has intentionally and unreasonably interfered with one or more of the petitioner's periods of physical placement, the court or family circuit court commissioner:
61,195
Section
195. 767.242 (5) (b) 2. c. of the statutes is amended to read:
767.242 (5) (b) 2. c. Grant an injunction ordering the respondent to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or family circuit court commissioner shall consider whether alternative remedies requested by the petitioner would be as effective in obtaining compliance with the order or judgment relating to physical placement.
61,196
Section
196. 767.242 (5) (c) of the statutes is amended to read:
767.242 (5) (c) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the petitioner has incurred a financial loss or expenses as a result of the respondent's failure, intentionally and unreasonably and without adequate notice to the petitioner, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or family circuit court commissioner may issue an order requiring the respondent to pay to the petitioner a sum of money sufficient to compensate the petitioner for the financial loss or expenses.
61,197
Section
197. 767.242 (5) (d) of the statutes is amended to read:
767.242 (5) (d) Except as provided in par. (b) 1. a. and 2. a., the judge or family circuit court commissioner may not modify an order of legal custody or physical placement in an action under this section.
61,198
Section
198. 767.242 (6) (a) of the statutes is amended to read:
767.242 (6) (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or family circuit court commissioner shall order the sheriff to assist the petitioner in executing or serving the injunction.
61,199
Section
199. 767.247 of the statutes is amended to read:
767.247 Prohibiting visitation or physical placement if a parent kills other parent. (1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or family circuit court commissioner may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.
(2) Subsection (1) does not apply if the court or
family circuit court commissioner determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court or family circuit court commissioner shall consider the wishes of the child in making the determination.
61,200
Section
200. 767.25 (4m) (f) 2. of the statutes is amended to read:
767.25 (4m) (f) 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 business days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family circuit court commissioner. If the parent requests a hearing and the court or family
circuit court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.
61,201
Section
201. 767.265 (1) of the statutes is amended to read:
767.265
(1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4), for support by a spouse under s. 767.02 (1) (f), for maintenance payments under s. 767.02 (1) (g) or for the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or
the family a circuit court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in
instalments installments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under
42 USC 9902 (2).
61,202
Section
202. 767.265 (2h) of the statutes is amended to read:
767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support, family support or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family circuit court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.
61,203
Section
203. 767.265 (2m) (b) of the statutes is amended to read:
767.265 (2m) (b) The county child support agency under s. 59.53 (5) may cause an assignment under par. (a) to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family circuit court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family
circuit court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a family circuit court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.
61,204
Section
204. 767.265 (2r) of the statutes is amended to read:
