Amendment AA1-AB476

LRBa1269/3

PJK:kmg:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 1997 ASSEMBLY BILL 476

January 15, 1998 - Offered by Committee on Judiciary.

AB476-AA1,1,1 At the locations indicated, amend the bill as follows:

AB476-AA1,1,2 1. Page 1, line 3: after "awarding" insert "or".

AB476-AA1,1,3 2. Page 3, line 2: after that line insert:

AB476-AA1,1,4 " Section 3m. 767.10 (2) (d) of the statutes is created to read:

AB476-AA1,1,6 767.10 (2) (d) A court shall approve a stipulation that conditionally waives maintenance payments for either party if all of the following apply:

AB476-AA1,1,9 1. The court assigns to the other party under s. 767.255 responsibility for the repayment of any debt for which the party conditionally waiving maintenance has liability or property that is available under s. 766.55 to satisfy the debt.

AB476-AA1,1,11 2. The waiver of maintenance is based on the condition that the party assigned a debt specified in subd. 1. does not secure a discharge in bankruptcy of the debt.

AB476-AA1,2,7 3. The stipulation contains a statement by the party conditionally waiving maintenance that he or she understands that, if the court approves the conditional waiver of maintenance payments, the court will not award maintenance payments to the party under s. 767.26 (1), the court will not award maintenance payments to the party under s. 767.26 (2) unless the other party secures a discharge in bankruptcy of a debt specified in subd. 1., and the court will not revise or alter a judgment or order with respect to maintenance payments to the party under s. 767.32 unless the court awards maintenance payments to the party under s. 767.26 (2).".

AB476-AA1,2,9 3. Page 3, line 10: delete "specified in sub. (1)" and substitute "for annulment, divorce or legal separation".

AB476-AA1,2,10 4. Page 3, line 13: delete lines 13 to 16 and substitute:

AB476-AA1,2,12 "(a) The party seeking maintenance under this subsection conditionally waived maintenance under s. 767.10 (2) (d).".

AB476-AA1,2,13 5. Page 3, line 17: delete "(c)" and substitute "(b)".

AB476-AA1,2,14 6. Page 3, line 17: after "maintenance" insert "under this subsection".

AB476-AA1,2,15 7. Page 3, line 18: delete "(d)" and substitute "(c)".

AB476-AA1,2,16 8. Page 3, line 18: after "sought" insert "under this subsection".

AB476-AA1,2,19 9. Page 3, line 20: after "767.255" insert "and for which the party seeking maintenance has liability or property that is available under s. 766.55 to satisfy the debt".

AB476-AA1,2,21 10. Page 5, line 3: after "767.255" insert ", and for which the other party has liability or property that is available under s. 766.55 to satisfy the debt,".

AB476-AA1,2,22 11. Page 5, line 5: after that line insert:

AB476-AA1,2,23 " Section 9. Initial applicability.

AB476-AA1,3,3 (1) The treatment of sections 767.10 (2) (c) and (d) and 767.26 (2) of the statutes first applies to stipulations that are approved by a court on the effective date of this subsection.

AB476-AA1,3,5 (2) The treatment of section section 767.32 (1) (ar) of the statutes first applies to debts that are discharged in bankruptcy on the effective date of this subsection.

AB476-AA1, s. 10 Section 10. Effective date.

AB476-AA1,3,8 (1) This act takes effect on the first day of the 6th month beginning after publication.".

AB476-AA1,3,9 (End)