AB150-engrossed,2402,159
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
10judgment or order as a percentage of parental income, a change in the payer's
11income, evidenced by information received by the department
of health and social
12services, or the county child and spousal support agency, under s.
46.25 73.25 (2m)
13or by other information, from the payer's income determined by the court in its most
14recent judgment or order for child support, including a revision of a child support
15order under this section.
AB150-engrossed,2402,2017
767.32
(2) Except as provided in sub. (2m) or (2r), if the court revises a
18judgment or order with respect to child support payments, it shall do so by using the
19percentage standard established by the department
of health and social services 20under s.
46.25 73.25 (9).
AB150-engrossed,2402,2522
767.32
(4) In any case in which the state is a real party in interest under s.
23767.075, the department
of health and social services shall review the support
24obligation periodically and whenever circumstances so warrant, petition the court
25for revision of the judgment or order with respect to the support obligation.
AB150-engrossed,2403,92
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
3an adjustment in the amount to be paid based on a change in the obligor's income,
4as reported on the disclosure form under s. 767.27 (2m) or as disclosed to the
5department
of health and social services or county child and spousal support agency
6under s.
46.25 73.25 (2m). The order may specify the date on which the annual
7adjustment becomes effective. No adjustment may be made unless the order so
8provides and the party receiving payments applies for an adjustment as provided in
9sub. (2). An adjustment under this section may be made only once in any year.
AB150-engrossed,2403,1511
767.45
(7) The clerk of court shall provide without charge, to each person
12bringing an action under this section, except to the state under sub. (1) (g) or (6m),
13a document setting forth the percentage standard established by the department
of
14health and social services under s.
46.25 73.25 (9) and listing the factors which a
15court may consider under s. 767.51 (5).
AB150-engrossed,2403,1717
767.455
(5) Form. The summons shall be in substantially the following form:
AB150-engrossed,2403,1818
STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY
AB150-engrossed,2403,2020
In re the Paternity of A. B.
AB150-engrossed,2403,2525
City, State Zip Code File No. ...
AB150-engrossed,2404,44
Address .... (Case Classification Type): .... (Code No.)
AB150-engrossed,2404,55
City, State Zip Code
AB150-engrossed,2404,88
THE STATE OF WISCONSIN, To the Respondent:
AB150-engrossed,2404,119
You have been sued. .... claims that you are the father of the child, .... born on
10.... (date), in .... (city) (county) (state). You must appear to answer this claim of
11paternity. Your court appearance is:
AB150-engrossed,2404,1515
Judge or Family Court Commissioner:
AB150-engrossed,2405,217
If you do not appear, the court will enter a default judgment finding you to be
18the father. A default judgment will take effect 30 days after it is served on or mailed
19to you, unless within those 30 days you present to the court evidence of good cause
20for failure to appear. If you plan to be represented by an attorney, you should contact
21the attorney prior to the court appearance listed above. If you are unable to afford
22an attorney, the court will appoint you one
subject to certain limitations only upon
23the blood tests showing that you are not excluded as the father and the probability
24of your being the father is less than 99.0%. Appearance is not required if you
1complete the attached waiver of first appearance statement and send it to the court
2at least 10 days prior to the date of your scheduled appearance in this summons.
AB150-engrossed,2405,55
G. H., Clerk of Circuit Court
AB150-engrossed,2405,77
Petitioner's Attorney
AB150-engrossed,2405,1010
City, State Zip Code: ....
AB150-engrossed,2405,2013
767.455
(5g) (form) 2
. You have the right to be represented by an attorney. If
14you are unable to afford an attorney, the court will appoint one for you
subject to
15certain limitations. One limitation is that representation by the appointed attorney
16will end if during the proceedings
all only upon one or more of the blood tests
show 17taken during the proceedings showing that you are
not excluded as the father
or and 18that the statistical probability of your being the father is
less than 99.0%
or higher.
19In order to determine whether you are entitled to have an attorney appointed for you,
20you may call the following telephone number .... .
AB150-engrossed,2406,222
767.455
(6) Document. The summons served on the respondent shall be
23accompanied by a document, provided without charge by the clerk of court, setting
24forth the percentage standard established by the department
of health and social
1services under s.
46.25 73.25 (9) and listing the factors which a court may consider
2under s. 767.51 (5).
AB150-engrossed,2406,124
767.47
(6) (a) Whenever the state brings the action to determine paternity
5pursuant to an assignment under s. 49.19 (4) (h) 1. or 49.45 (19), the natural mother
6of the child may not be compelled to testify about the paternity of the child if it has
7been determined that the mother has good cause for refusing to cooperate in
8establishing paternity as provided in
42 USC 602 (a) (26) (B) and the federal
9regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant
10to any rules promulgated by the department
of health and social services which
11define good cause in accordance with the federal regulations, as authorized by
42
12USC 602 (a) (26) (B) in effect on July 1, 1981.
AB150-engrossed,2406,1514
767.51
(3m) (a) In this subsection, "health insurance" does not include medical
15assistance provided under
subch. IV of ch. 49.
AB150-engrossed,2406,1917
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
18if eligible for coverage, upon application by the parent, the child's other parent, the
19department
of health and social services or the county designee under s. 59.07 (97).
AB150-engrossed,2407,321
767.51
(3m) (e) 1. If a parent who has been ordered by a court to provide
22coverage of the health care expenses of a child who is eligible for medical assistance
23under
ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the
24cost of services provided to the child but does not pay the health care provider for the
25services or reimburse the department of health and social services or any other
1person who paid for the services on behalf of the child, the department of health and
2social services may obtain a judgment against the parent for the amount of the 3rd
3party payment.
AB150-engrossed,2407,85
767.51
(4g) In determining child support payments, the court may consider all
6relevant financial information or other information relevant to the parent's earning
7capacity, including information reported to the department
of health and social
8services, or the county child and spousal support agency, under s.
46.25 73.25 (2m).
AB150-engrossed,2407,1210
767.51
(4m) Except as provided in sub. (5), the court shall determine child
11support payments by using the percentage standard established by the department
12of health and social services under s.
46.25 73.25 (9).
AB150-engrossed,2407,2114
767.52
(1) At the pretrial hearing, at the trial and in any further proceedings
15in any paternity action, any party may be represented by counsel. If the respondent
16is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is
17represented by a government attorney as provided in s. 767.45 (6) or the action is
18commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c),
19counsel shall be appointed for the respondent as provided in ch. 977,
and subject to
20the limitations under sub. (2m), unless the respondent knowingly and voluntarily
21waives the appointment of counsel.
AB150-engrossed,2408,323
767.52
(2) An attorney appointed under sub. (1) who is appearing on behalf of
24a party in a paternity action shall represent that party, subject to the limitations
25under sub. (2m), in all issues and proceedings relating to the paternity determination
1and the initial establishment of support. The appointed attorney may not represent
2the party in any proceeding relating to
child support, legal custody, periods of
3physical placement or related issues.
AB150-engrossed,2408,145
767.52
(2m) Representation by an attorney appointed under sub. (1) shall be
6provided
beginning at the pretrial hearing unless, as of the date of the hearing, only
7after the results of any blood tests that were ordered by the court
have been
8completed and only if all of the results fail to show that the alleged father is excluded
9or and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the
10alleged father is the father of the child.
Representation by an attorney appointed
11under sub. (1) shall terminate during the paternity proceeding if the results of all of
12the blood tests ordered by the court show that the alleged father is excluded or give
13rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the
14father of the child.
AB150-engrossed,2408,1816
767.52
(3) This section does not prevent an attorney responsible for support
17enforcement under s. 59.458 (1) or any other attorney employed under s.
46.25 73.25
18or 59.07 (97) from appearing in any paternity action as provided under s. 767.45 (6).
AB150-engrossed,2408,2120
767.53
(2) The clerk of circuit court shall provide information from court
21records to the department
of health and social services under s. 59.395 (7).
AB150-engrossed,2409,223
769.201
(7) The individual asserted parentage in a declaration of paternal
24interest filed with the department of
health and social services revenue under s.
148.025 or in a statement acknowledging paternity filed with the state registrar under
2s. 69.15 (3) (b) 1. or 3.
AB150-engrossed,2409,54
769.31
(1) The department of
health and social services revenue is the state
5information agency under this chapter.
AB150-engrossed,2409,137
769.316
(4) Copies of bills for testing for parentage, or for prenatal and
8postnatal health care of the mother and child, or copies of reports of medical
9assistance payments under
ss. 49.45 to 49.47 subch. IV of ch. 49 for such testing or
10prenatal and postnatal health care, furnished to the adverse party at least 10 days
11before trial, are admissible in evidence to prove the amount of the charges billed or
12the amount of the medical assistance paid and that the charges or payments were
13reasonable, necessary and customary.
AB150-engrossed,2409,18
15776.44 Judgment, where filed. Upon the rendition of a judgment dissolving
16a corporation or vacating or annulling of letters patent the attorney general shall file
17a certified copy of the judgment
in the office of the secretary of state with the
18department of financial institutions.
AB150-engrossed,2409,2220
779.87
(3) (b)
Amount; filed. The principal sum of the bond shall be $25,000
21at all times. A copy of the bond shall be filed with the
secretary of state department
22of financial institutions.
AB150-engrossed,2409,25
24779.93 (title)
Duties of the department of justice agriculture, trade and
25consumer protection.
AB150-engrossed,2410,62
779.93
(1) The department of
justice
agriculture, trade and consumer
3protection shall investigate violations of this subchapter and attempts to circumvent
4this subchapter. The department of
justice agriculture, trade and consumer
5protection may subpoena persons and records to facilitate its investigations, and
6may enforce compliance with such subpoenas as provided in s. 885.12.
AB150-engrossed,2410,108
779.93
(2) (intro.) The department of
justice agriculture, trade and consumer
9protection may in behalf of the state or in behalf of any person who holds a prepaid
10maintenance lien:
AB150-engrossed,2410,1512
779.97
(2) (c) 1. If the person against whose interest the lien applies is a
13partnership or a corporation, as defined in
26 USC 7701 (a) (2) and (3), whose
14principal executive office is in this state,
in the office of the secretary of state with
15the department of financial institutions.
