AB445: Bill Text

Miscellaneous changes

Under current law, a judge or family court commissioner may order the parties in an action affecting the family in which a minor child is involved to attend an educational program on the effects on a child of a dissolution of the marriage and may condition the granting of the final order on attendance. Also under current law, in an action to determine the paternity of a child, a judge or family court commissioner may order either or both of the parties to attend a program that provides training in parenting or coparenting skills. The bill authorizes a judge or family court commissioner to order the parties in a divorce or paternity action to attend a class that is approved by the judge or family 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. Although the judge or family court commissioner may not condition the granting of the final order in the action on attendance at such a class, the judge or family court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class that is ordered.

Current law specifies the situations under which a legal custody or physical placement order may be modified. Generally, such an order may not be modified before two years after the initial order is granted unless the modification is necessary because the current custodial conditions are physically or emotionally harmful to the child. After two years after the initial order is granted, such an order may be modified if there has been a substantial change in circumstances and the modification is in the best interest of the child. The bill does not change the circumstances under which a legal custody or physical placement order may be modified. The bill provides, however, that in any action to modify a legal custody or physical placement order the court must consider those specified factors that the court considers when making an initial legal custody or physical placement order and that the court must make its modification determination in a manner consistent with the requirements for making an initial legal custody or physical placement determination. In addition, the court may require the party seeking the modification to file a parenting plan before any hearing is held.

Under current law, interest on child support arrearages or family support arrearages accrues at the rate of 1.5% per month. The bill changes the rate at which interest accrues on child or family support arrearages to 1% per month.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB445, s. 1 Section 1. 20.921 (2) (a) of the statutes is amended to read:

AB445,8,9 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), or 767.265, 767.51 (3m) (c) or 767.62 (4) (b) 3. to make deductions from the salaries of state officers or employes or employes of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employes are employed is responsible for making such deductions and paying over the total thereof for the purposes provided by the laws or orders under which they were made.

AB445, s. 2 Section 2. 66.184 of the statutes is amended to read:

AB445,9,7 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.

AB445, s. 3 Section 3. 102.27 (2) (a) of the statutes is amended to read:

AB445,9,11 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), or 767.265 (1), 767.51 (3m) (c) or 767.62 (4) (b) 3.

AB445, s. 4 Section 4. 120.13 (2) (g) of the statutes is amended to read:

AB445,9,16 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.

AB445, s. 5 Section 5. 565.30 (5m) of the statutes is amended to read:

AB445,9,25 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of workforce development.

AB445, s. 6 Section 6. 632.897 (10) (a) 3. of the statutes is amended to read:

AB445,10,11 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m), 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

AB445, s. 7 Section 7. 767.045 (1) (a) 2. of the statutes is amended to read:

AB445,10,14 767.045 (1) (a) 2. The Except as provided in par. (am), the legal custody or physical placement of the child is contested.

AB445, s. 8 Section 8. 767.045 (1) (am) of the statutes is created to read:

AB445,10,17 767.045 (1) (am) The court is not required to appoint a guardian ad litem under par. (a) 2. if all of the following apply:

AB445,10,19 1. Legal custody or physical placement is contested in an action to modify legal custody or physical placement under s. 767.325 or 767.327.

AB445,10,21 2. The modification sought would not substantially alter the amount of time that a parent may spend with his or her child.

AB445,10,22 3. The court determines any of the following:

AB445,10,25 a. That the appointment of a guardian ad litem will not assist the court in the determination regarding legal custody or physical placement because the facts or circumstances of the case make the likely determination clear.

AB445,11,3 b. That a party seeks the appointment of a guardian ad litem solely for a tactical purpose, or for the sole purpose of delay, and not for a purpose that is in the best interest of the child.

AB445, s. 9 Section 9. 767.045 (1) (e) of the statutes is created to read:

AB445,11,9 767.045 (1) (e) Nothing in this subsection prohibits the court from making a temporary order under s. 767.23 that concerns the child before a guardian ad litem is appointed or before the guardian ad litem has made a recommendation to the court, if the court determines that the temporary order is in the best interest of the child.

AB445, s. 10 Section 10. 767.045 (4m) of the statutes is created to read:

AB445,11,14 767.045 (4m) Status hearing. (a) Subject to par. (b), at any time after 120 days after a guardian ad litem is appointed under this section, a party may request that the court schedule a status hearing related to the actions taken and work performed by the guardian ad litem in the matter.

AB445,11,17 (b) A party may, not sooner than 120 days after a status hearing under this subsection is held, request that the court schedule another status hearing on the actions taken and work performed by the guardian ad litem in the matter.

AB445, s. 11 Section 11. 767.078 (1) (a) 1. of the statutes is amended to read:

AB445,11,21 767.078 (1) (a) 1. Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a).

AB445, s. 12 Section 12. 767.078 (2) of the statutes is amended to read:

AB445,12,2 767.078 (2) Subsection (1) does not limit the authority of a court to issue an order, other than an order under sub. (1), regarding employment of a parent in an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a).

AB445, s. 13 Section 13. 767.11 (12) (b) of the statutes is amended to read:

AB445,12,14 767.11 (12) (b) If after mediation under this section the parties do not reach agreement on legal custody or periods of physical placement, the parties or the mediator shall so notify the court. The Except as provided in s. 767.045 (1) (am), the court shall promptly appoint a guardian ad litem under s. 767.045. After the appointment Regardless of whether the court appoints a guardian ad litem, the court shall, if appropriate, refer the matter for a legal custody or physical placement study under sub. (14). If the parties come to agreement on legal custody or physical placement after the matter has been referred for a study, the study shall be terminated. The parties may return to mediation at any time before any trial of or final hearing on legal custody or periods of physical placement. If the parties return to mediation, the county shall collect any applicable fee under s. 814.615.

AB445, s. 14 Section 14. 767.115 (title) of the statutes is amended to read:

AB445,12,17 767.115 (title) Educational program in action programs and classes in actions affecting the family.

AB445, s. 15 Section 15. 767.115 (4) of the statutes is created to read:

AB445,12,24 767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family court commissioner may order the parties to attend a class that is approved by the court or family 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.

AB445,13,5 (b) The court or family 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 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.

AB445,13,7 (c) 1. Except as provided in subd. 2., the parties shall be responsible for any cost of attending the class.

AB445,13,9 2. If the court or family court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.

AB445, s. 16 Section 16. 767.23 (1) (a) of the statutes is amended to read:

AB445,13,17 767.23 (1) (a) Upon Subject to s. 767.477, 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). The , in a manner consistent with s. 767.24, except that the court or family court commissioner may order joint 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.

AB445, s. 17 Section 17. 767.23 (1) (am) of the statutes is amended to read:

AB445,13,23 767.23 (1) (am) Upon Subject to s. 767.477, 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 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.

AB445, s. 18 Section 18. 767.23 (1) (c) of the statutes is amended to read:

AB445,14,5 767.23 (1) (c) Requiring Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

AB445, s. 19 Section 19. 767.23 (1) (k) of the statutes is amended to read:

AB445,14,9 767.23 (1) (k) Requiring Subject to s. 767.477, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.

AB445, s. 20 Section 20. 767.23 (1n) of the statutes is amended to read:

AB445,14,23 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which 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 court commissioner shall consider the factors under s. 767.24 (5). If the court or family 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 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 court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB445, s. 21 Section 21. 767.24 (1) of the statutes is amended to read:

AB445,15,5 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or, legal separation or paternity, or in rendering a judgment in an action under s. 767.02 (1) (e) or 767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.

AB445, s. 22 Section 22. 767.24 (1m) of the statutes is created to read:

AB445,15,14 767.24 (1m) Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. A party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

AB445,15,15 (a) What legal custody or physical placement the parent is seeking.

AB445,15,22 (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

AB445,16,3 (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

AB445,16,5 (d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.

AB445,16,6 (e) Where the child will go to school.

AB445,16,7 (f) What doctor or health care facility will provide medical care for the child.

AB445,16,8 (g) How the child's medical expenses will be paid.

AB445,16,9 (h) What the child's religious commitment will be, if any.

AB445,16,11 (i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.

AB445,16,12 (j) How the holidays will be divided.

AB445,16,13 (k) What the child's summer schedule will be.

AB445,16,15 (L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan.

AB445,16,17 (m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.

AB445,16,19 (n) What child support, family support, maintenance or other income transfer there will be.

AB445,16,24 (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

AB445, s. 23 Section 23. 767.24 (2) (a) of the statutes is amended to read:

AB445,17,3 767.24 (2) (a) Subject to par. (b) pars. (am), (b) and (c), based on the best interest of the child and after considering the factors under sub. (5), the court may give joint legal custody or sole legal custody of a minor child.

AB445, s. 24 Section 24. 767.24 (2) (am) of the statutes is created to read:

AB445,17,6 767.24 (2) (am) The court shall presume that joint legal custody is in the best interest of the child.

AB445, s. 25 Section 25. 767.24 (2) (b) of the statutes is amended to read:

AB445,17,9 767.24 (2) (b) The court may give joint sole legal custody only if it finds that doing so is in the child's best interest and that either of the following applies:

AB445,17,10 1. Both parties agree to joint sole legal custody with the same party.

AB445,17,13 2. The parties do not agree to joint sole legal custody with the same party, but at least one party requests joint sole legal custody and the court specifically finds all any of the following:

AB445,17,15 a. Both parties are One party is not capable of performing parental duties and responsibilities and or does not wish to have an active role in raising the child.

AB445,17,17 b. No One or more conditions exist at that time which that would substantially interfere with the exercise of joint legal custody.

AB445,18,2 c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

AB445, s. 26 Section 26. 767.24 (2) (c) of the statutes is created to read:

AB445,18,6 767.24 (2) (c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.

AB445, s. 27 Section 27. 767.24 (4) (a) of the statutes is renumbered 767.24 (4) (a) 1. and amended to read: