1995 Wisconsin Act 404

767.075 (1) (a) An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.22 or whenever s. 767.45 (6m) or (6r) applies.

404,220 Section 220 . 767.075 (1) (b) of the statutes is amended to read:

767.075 (1) (b) An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.22.

404,221 Section 221 . 767.075 (2) (a) of the statutes is amended to read:

767.075 (2) (a) Except as provided in par. (b), in any action affecting the family under a child support enforcement program, an attorney acting under s. 46.25 49.22 or 59.07 (97), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in sub. (1) do not create an attorney-client relationship with any other party.

404,222 Section 222 . 767.075 (2) (b) of the statutes is amended to read:

767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed by the department of health and social services under s. 46.25 49.22 or a county under s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

404,223 Section 223 . 767.077 (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

767.077 Support for dependent child. (intro.) The state or its delegate under s. 46.25 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:

404,224 Section 224 . 767.078 (1) (d) 1. c. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.078 (1) (d) 1. c. The parent who is absent from the home works, on average, less than 32 hours per week and is not participating in an employment training program that meets criteria established by the department of industry, labor and human relations.

404,225 Section 225 . 767.078 (1) (d) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of industry, labor and human relations conducts the program under s. 49.25.

404,226 Section 226 . 767.08 (3) of the statutes is amended to read:

767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee under s. 59.07 (97) or the state department of health and social services is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be “In re the support or maintenance of A.B. (Child)".

404,227 Section 227 . 767.085 (1) (g) of the statutes is repealed.

404,228 Section 228 . 767.085 (2) (b) of the statutes is amended to read:

767.085 (2) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).

404,229 Section 229. 767.085 (2m) (a) 2. of the statutes is amended to read:

767.085 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).

404,230 Section 230 . 767.085 (5) of the statutes is repealed.

404,231 Section 231 . 767.13 (7) of the statutes is amended to read:

767.13 (7) Cooperation. Each family court commissioner shall cooperate with the county and the department of health and social services to ensure that all dependent children receive reasonable and necessary child support.

404,232 Section 232 . 767.15 (2) of the statutes is amended to read:

767.15 (2) In any appeal of any action affecting the family in which support or maintenance of a child of any party is at issue, the person who initiates the appeal shall notify the department of health and social services of the appeal by sending a copy of the notice of appeal to the department.

404,233 Section 233 . 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 court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. 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 of health and social services under s. 46.25 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).

404,234 Section 234 . 767.25 (1g) of the statutes is amended to read:

767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.22 (2m).

404,235 Section 235 . 767.25 (1j) of the statutes is amended to read:

767.25 (1j) Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.22 (9).

404,236 Section 236 . 767.25 (4m) (d) 2. of the statutes is amended to read:

767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

404,237 Section 237 . 767.25 (4m) (e) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

404,238 Section 238 . 767.262 (1) (b) of the statutes is amended to read:

767.262 (1) (b) If one party receives services under s. 46.25 49.22 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 46.25 49.22 (6) or the cost of services rendered by the state or county under s. 49.19.

404,239 Section 239 . 767.262 (3) of the statutes is amended to read:

767.262 (3) The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 46.25 49.22 or 49.19, who may enforce the order in its name.

404,240 Section 240 . 767.265 (6) (c) of the statutes, as affected by 1993 Wisconsin Act 481, is amended to read:

767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and human relations for enforcement of this paragraph.

404,241 Section 241 . 767.27 (3) (b) of the statutes is amended to read:

767.27 (3) (b) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

404,242 Section 242. 767.27 (4) of the statutes is amended to read:

767.27 (4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under s. 46.25 49.22 (2m) by the department of health and social services or the county child and spousal support agency.

404,243 Section 243 . 767.29 (1) of the statutes, as affected by 1995 Wisconsin Act 279, is amended to read:

767.29 (1) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of the court, or support collection designee in a county that has designated a support collection designee under s. 59.07 (97m), for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of the court or support collection designee. Except as provided in sub. (1m), the clerk or support collection designee shall disburse the money so received under the judgment or order within 15 days and take receipts therefor, unless the clerk or support collection designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk or support collection designee, whichever is appropriate, which shall be open to inspection by the department of health and social services for the administration of the child and spousal support and establishment of paternity program under s. 46.25 49.22, the parties to the action and their attorneys, and the family court commissioner. If the maintenance, child support or family support payments adjudged or ordered to be paid shall not be paid to the clerk or support collection designee at the time provided in the judgment or order, the clerk or support collection designee or the family court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of the court or support collection designee.

404,244 Section 244 . 767.29 (2) of the statutes, as affected by 1995 Wisconsin Acts 279 and 289, is amended to read:

767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court or support collection designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19, shall forward all support assigned under s. 48.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the department of industry, labor and human relations.

404,245 Section 245 . 767.295 (2) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.295 (2) (a) 2. The parent works, on average, less than 32 hours per week, and is not participating in an employment or training program which meets guidelines established by the department of industry, labor and human relations.

404,246 Section 246 . 767.295 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 46.25 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the obligation to make payments ordered under this paragraph ceases.

404,247 Section 247. 767.32 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

404,248 Section 248 . 767.32 (1) (b) 4. of the statutes is amended to read:

767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

404,249 Section 249 . 767.32 (1) (c) 1. of the statutes is amended to read:

767.32 (1) (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received by the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.22 (2m) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

404,250 Section 250 . 767.32 (2) of the statutes is amended to read:

767.32 (2) Except as provided in sub. (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department of health and social services under s. 46.25 49.22 (9).

404,251 Section 251 . 767.32 (4) of the statutes is amended to read:

767.32 (4) In any case in which the state is a real party in interest under s. 767.075, the department of health and social services shall review the support obligation periodically and whenever circumstances so warrant, petition the court for revision of the judgment or order with respect to the support obligation.

404,252 Section 252 . 767.33 (1) of the statutes is amended to read:

767.33 (1) An order for child support under s. 767.23 or 767.25 may provide for an adjustment in the amount to be paid based on a change in the obligor's income, as reported on the disclosure form under s. 767.27 (2m) or as disclosed to the department of health and social services or county child and spousal support agency under s. 46.25 49.22 (2m). The order may specify the date on which the annual adjustment becomes effective. No adjustment may be made unless the order so provides and the party receiving payments applies for an adjustment as provided in sub. (2). An adjustment under this section may be made only once in any year.

404,253 Section 253 . 767.45 (6m) of the statutes is amended to read:

767.45 (6m) The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father is named on the birth certificate of a child who is a resident of the county if paternity has not been adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department of health and social services by rule.

404,254 Section 254 . 767.45 (7) of the statutes is amended to read:

767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5).

404,255 Section 255 . 767.455 (6) of the statutes is amended to read:

767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5).

404,256 Section 256 . 767.47 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department of health and social services which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

404,257 Section 257 . 767.51 (3m) (d) 2. of the statutes is amended to read:

767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

404,258 Section 258 . 767.51 (3m) (e) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.51 (3m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

404,259 Section 259 . 767.51 (4g) of the statutes is amended to read:

767.51 (4g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.22 (2m).

404,260 Section 260 . 767.51 (4m) of the statutes is amended to read:

767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.22 (9).

404,261 Section 261 . 767.52 (3) of the statutes is amended to read:

767.52 (3) This section does not prevent an attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 49.22 or 59.07 (97) from appearing in any paternity action as provided under s. 767.45 (6).

404,262 Section 262 . 767.53 (2) of the statutes is amended to read:

767.53 (2) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

404,263 Section 263 . 769.31 (1) of the statutes is amended to read:

769.31 (1) The department of health and social services industry, labor and job development is the state information agency under this chapter.

404,264 Section 264 . 949.08 (2) (g) of the statutes is amended to read:

949.08 (2) (g) Has been certified to the department under s. 46.255 49.855 (7) as being delinquent in child support or maintenance payments or as owing past support, medical expenses or birth expenses.