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767.51
(3g) The court may order either party or both parties to pay for the
18support of any child of the parties who is 19 years of age or older and who satisfies
19all of the following:
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1(a) Is a child with exceptional educational needs, as defined in s. 115.76 (3).
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(b) Is participating in a special education program under subch. V of ch. 115.
Note: Permits a court, in a paternity action, to order one or both parties to pay child
support for a child of the parties who is age 19 or older but under age 21 or becomes age
21 during a school year and who is identified as a child with exceptional educational needs
and is participating in a special education program.
SB422, s. 23
3Section
23
. 767.51 (3r) of the statutes is created to read:
SB422,14,84
767.51
(3r) (a) When ordering child support for a child under sub. (3), the court
5shall consider and may specifically assign responsibility to one or both parents for
6and direct the manner of payment of the child's day care expenses that are necessary
7to permit either parent to work. A parent may be required to initiate or continue
8payment of day care expenses for a child under this subsection.
SB422,14,109
(b) In directing the manner of payment of a child's day care expenses, the court
10shall order that payment be made to one of the following:
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1. The other parent.
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2. The day care provider.
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3. The clerk of court for disbursement to the person for whom the payment has
14been awarded.
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(c) If a parent who is ordered to pay child care expenses under this subsection
16fails to make a required payment within 10 days after its due date, the court may
17order that payment be withheld from the person's income and assigned for the
18payment of day care expenses. If the court orders income withholding and
19assignment for the payment of day care expenses, the court shall direct that payment
20under the assignment be made to the clerk of court for disbursement to the other
21parent as provided in s. 767.29 and shall send notice of assignment and of the
22opportunity to request a hearing in the manner provided under s. 767.265 (2h). The
1clerk of court shall keep a record of all moneys received and disbursed by the clerk
2for day care expenses that are directed to be paid to the clerk.
Note: Contains same provisions relating to day care expenses in paternity cases
as are found in Section 17 of the bill relating to day care expenses in divorce cases.
SB422, s. 24
3Section
24
. 767.51 (5) (intro.) of the statutes is amended to read:
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767.51
(5) (intro.)
Upon request by a party, the The court
may shall modify the
5amount of child support
payments determined under sub. (4m) if, after considering
6all of the following factors
that the court determines are relevant, the court finds by
7the greater weight of the credible evidence that
use of the percentage standard the
8amount of child support determined under sub. (4m) is unfair to the child or to
the
9requesting party any of the parties:
SB422, s. 25
10Section
25. 767.51 (5) (cm) of the statutes is created to read:
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767.51
(5) (cm) The tax consequences to each party.
SB422, s. 26
12Section
26. 767.51 (5) (f) of the statutes is repealed.
SB422, s. 27
13Section
27. 767.51 (5) (i) of the statutes is amended to read:
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767.51
(5) (i) The
cost of day care if the custodian works outside the home or
15the value of
custodial services
contributed by the custodial performed by the
16custodian if it is appropriate for the custodian to remain in the home as a full-time 17parent.
Note: Makes the following changes in current s. 767.51 (5), relating to deviating
from use of the percentage standard in a paternity case:
1. Modifies current law to provide that the court must modify the amount of child
support determined using the percentage standard if, after considering all of the factors
delineated in s. 767.51 (5) which it deems relevant, the court finds by the greater weight
of the credible evidence that the amount of child support determined using the percentage
standard is unfair to the child or any party. Current law provides that a court may, upon
request of a party, modify the amount determined using the percentage standard if, after
considering the delineated factors, the court finds such use would be unfair.
2. Modifies certain current factors to be considered in determining whether use of
the percentage standard is unfair, in order to achieve greater consistency with factors
considered in substitute care and divorce cases. Specifically, in this bill:
a. A new factor, "the tax consequences to each party" is added.
b. The current factor, "age of the child", is eliminated.
c. The current factor, "the value of services contributed by the custodial parent",
is replaced by a new factor, "the cost of day care if the custodian works outside the home,
or the value of custodial services performed by the custodian if it is appropriate for the
custodian to remain in the home as a full-time parent".
SB422, s. 28
1Section
28. 767.51 (5d) of the statutes is amended to read:
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767.51
(5d) If the court finds under sub. (5) that
use of the percentage standard 3the amount of child support determined under sub. (4m) is unfair to the child or
the
4requesting any party, the court shall state in writing or on the record the amount of
5support that would be required by using the percentage standard, the amount by
6which the court's order deviates from that amount, its reasons for finding that
use
7of the percentage standard the amount of child support determined under sub. (4m) 8is unfair to the child or
the any party, its reasons for the amount of the modification
9and the basis for the modification.
Note: For consistency with Section 24, modifies language relating to a court's
required findings in deviating from the percentage standard in paternity cases, to refer
to the court finding the amount of child support determined by using the percentage
standard unfair, rather than finding the use of the percentage standard unfair. Also,
eliminates reference to "the requesting party" since, under Section 24, a party no longer
has to request that a court consider modifying the child support amount.
SB422, s. 29
10Section
29. 767.51 (5j) of the statutes is created to read:
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767.51
(5j) The court shall reduce the amount of a parent's child support
12payments determined under sub. (4m) or (5), if the court finds that the child receives
13benefits under
42 USC 402 (d) based on the parent's entitlement to federal old-age
14or disability insurance benefits under
42 USC 401 to
433. The parent's child support
15payments shall be reduced by the amount of the benefit under
42 USC 402 (d)
16received by the child.
Note: Requires a court in a paternity case to reduce the amount of child support
a payer is ordered to pay if the child for whom support is ordered receives a social security
benefit based on the payer's eligibility for old-age or disability benefits. The amount of
the reduction would be equal to the amount of the benefit the child receives.
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1(1) The department of health and social services shall study the staffing levels
2of all county child and spousal support agencies in the state and determine an
3appropriate staffing level. The department shall submit a report on county child and
4spousal support agency staffing no later than January 1, 1997, to the appropriate
5standing committees under section 13.172 (3) of the statutes.
Note: Directs the DHSS to study the staffing levels of all county child support
agencies, determine an appropriate staffing level and report on county agency staffing
to the legislature by January 1, 1997.
SB422, s. 31
6Section
31.
Effective dates. This act takes effect on the day after
7publication, except as follows:
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8(1)
The treatment of sections 767.23 (1) (m), 767.25 (4r), 767.265 (3h), (4) and
9(6) (a), (b) and (c) and 767.51 (3r) takes effect on January 1, 1996, or on the day after
10publication, whichever is later.
Note: Provides that the provisions relating to treatment of child day care expenses
in
Sections 8, 17, 18 and 23 of the bill take effect on January 1, 1996, or the day after
publication, whichever is later. January 1, 1996, is the date on which the
1993 Wisconsin
Act 481 provisions on treatment of a child's health care expenses take effect. The day care
provisions of this bill are modeled after the Act 481 provisions and, in some instances, key
into those provisions, necessitating the same or a later effective date.