AB651-ASA1,226,86
b. The physician or other health care provider may release only that portion
7of the information, and only to a person, that the physician or other health care
8provider determines is relevant to the child's medical condition.
AB651-ASA1,226,119
(d) 1. Except as provided in par. (e), the court or family court commissioner shall
10determine child support payments under par. (a) by using the percentage standard
11established by the department under s. 49.22 (9).
AB651-ASA1,226,1612
2. In determining child support payments under par. (a), the court or family
13court commissioner may consider all relevant financial information or other
14information relevant to the parent's earning capacity, including information
15reported under s. 49.22 (2m) to the department or the county child support agency
16under s. 59.53 (5).
AB651-ASA1,226,2217
3. Support orders under par. (a) ordinarily shall be for periodic payments which
18may vary in amount if appropriate. The payment amount may be expressed as a
19percentage of the parent's income or as a fixed sum, or as a combination of both in
20the alternative by requiring payment of the greater or lesser of either a percentage
21of the parent's income or a fixed sum. The father's liability for past support of the
22child shall be limited to support for the period after the birth of the child.
AB651-ASA1,227,223
(e) Upon request by a party, the court or family court commissioner may modify
24the amount of child support payments determined under par. (d) if, after considering
25the following factors, the court or family court commissioner finds by the greater
1weight of the credible evidence that use of the percentage standard is unfair to the
2child or to the requesting party:
AB651-ASA1,227,33
1. The needs of the child.
AB651-ASA1,227,54
2. The physical, mental and emotional health needs of the child, including any
5costs for health insurance as provided for under par. (b).
AB651-ASA1,227,96
3. The standard of living and circumstances of the parents, including whether
7a parent receives maintenance payments under s. 767.26 and the needs of each party
8in order to support himself or herself at a level equal to or greater than that
9established under
42 USC 9902 (2).
AB651-ASA1,227,1010
4. The relative financial means of the parents.
AB651-ASA1,227,1311
5. The earning capacity of each parent, based on each parent's education,
12training and work experience and based on the availability of work in or near the
13parent's community.
AB651-ASA1,227,1414
6. The need and capacity of the child for education, including higher education.
AB651-ASA1,227,1515
7. The age of the child.
AB651-ASA1,227,1616
8. The financial resources and the earning ability of the child.
AB651-ASA1,227,1717
9. Any physical custody arrangement ordered or decided upon.
AB651-ASA1,227,1918
10. Extraordinary travel expenses incurred in exercising the right to periods
19of physical placement.
AB651-ASA1,227,2020
11. The responsibility of the parents for the support of others.
AB651-ASA1,227,2121
12. The value of services contributed by the custodial parent.
AB651-ASA1,227,2222
13. The best interests of the child.
AB651-ASA1,227,2423
14. Any other factors that the court or family court commissioner in each case
24determines are relevant to the best interests of the child.
AB651-ASA1,228,7
1(f) If the court or family court commissioner finds under par. (e) that use of the
2percentage standard is unfair to the child or the requesting party, the court or family
3court commissioner shall state in writing or on the record the amount of support that
4would be required by using the percentage standard, the amount by which the court's
5or family court commissioner's order deviates from that amount, the reasons for
6finding that use of the percentage standard is unfair to the child or the party, the
7reasons for the amount of the modification and the basis for the modification.
AB651-ASA1,228,158
(g) A party ordered to pay child support under this subsection shall pay simple
9interest at the rate of 1.5% per month on any amount in arrears that is equal to or
10greater than the amount of child support due in one month. Interest under this
11paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8)
12and is paid to the clerk of court or support collection designee under s. 767.29. Except
13as provided in s. 767.29 (1m), the clerk of court or support collection designee,
14whichever is appropriate, shall apply all payments received for child support as
15follows:
AB651-ASA1,228,1716
1. First, to payment of child support due within the calendar month during
17which the payment is received.
AB651-ASA1,228,1918
2. Second, to payment of unpaid child support due before the payment is
19received.
AB651-ASA1,228,2020
3. Third, to payment of interest accruing on unpaid child support.
AB651-ASA1,228,25
21(5) Voiding determination. (a) A determination of paternity that arises under
22this section may be voided at any time upon a motion or petition stating facts that
23show fraud, duress or a mistake of fact. Except for good cause shown, any orders
24entered under sub. (4) shall remain in effect during the pendency of a proceeding
25under this paragraph.
AB651-ASA1,229,6
1(b) If a court in a proceeding under par. (a) determines that the man is not the
2father of the child, the court shall vacate any order entered under sub. (4) with
3respect to the man. The court shall notify the state registrar, in the manner provided
4in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
5birth certificate. No paternity action may thereafter be brought against the man
6with respect to the child.
AB651-ASA1,229,8
7(6) Applicability. (a) This section does not apply unless all of the following
8apply to the statement acknowledging paternity:
AB651-ASA1,229,109
1. The statement is made on a form prescribed by the state registrar for use
10beginning on April 1, 1998.
AB651-ASA1,229,1111
2. The statement was signed and filed on or after April 1, 1998.
AB651-ASA1,229,1512
3. The statement contains an attestation clause showing that both parties,
13before signing the statement, received oral and written notice of the legal
14consequences of, the rights and responsibilities arising from and the alternatives to,
15signing the statement.
AB651-ASA1,229,1916
(b) Parties who signed and filed a statement acknowledging paternity before
17April 1, 1998, may sign and file a new statement that fulfills the requirements under
18par. (a). Such a statement supersedes any statement previously filed with the state
19registrar and has the effects specified in this section.
AB651-ASA1,229,2220
(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
21beginning with forms for the acknowledgment of paternity that are prescribed by the
22state registrar on April 1, 1998.
AB651-ASA1, s. 488
23Section
488
. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
24Act .... (this act), is repealed and recreated to read:
AB651-ASA1,230,14
1767.62
(4) (b) 3. a. In directing the manner of payment of a child's health care
2expenses, the court or family court commissioner may order that payment, including
3payment for health insurance premiums, be withheld from income and sent to the
4appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or
5sent to the department or its designee, whichever is appropriate, for disbursement
6to the person for whom the payment has been awarded if that person is not a health
7care insurer, provider or plan. If the court or family court commissioner orders
8income withholding and assignment for the payment of health care expenses, the
9court or family court commissioner shall send notice of assignment in the manner
10provided under s. 767.265 (2r) and may include that notice of assignment with a
11notice of assignment under s. 767.265. The department or its designee, whichever
12is appropriate, shall keep a record of all moneys received and disbursed by the
13department or its designee for health care expenses that are directed to be paid to
14the department or its designee.
AB651-ASA1, s. 489
15Section
489
. 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
16Wisconsin Act .... (this act), is repealed and recreated to read:
AB651-ASA1,230,2317
767.62
(4) (g) (intro.) A party ordered to pay child support under this subsection
18shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
19is equal to or greater than the amount of child support due in one month. Interest
20under this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4)
21or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except
22as provided in s. 767.29 (1m), the department or its designee, whichever is
23appropriate, shall apply all payments received for child support as follows:
AB651-ASA1,231,2
1802.12
(3) (d) 1. Custody and physical placement under s. 767.24
, 767.458 (3),
2767.51 (3) or 767.62 (4) (a).
AB651-ASA1,231,54
802.12
(3) (d) 3. Child support under s. 767.25
or s., 767.458 (3), 767.51
or
5767.62 (4) (a).
AB651-ASA1,231,87
808.075
(4) (d) 9. Enforcement of payments under s. 767.30
or, 767.51
or 767.62
8(4).
AB651-ASA1,231,1110
808.075
(4) (d) 10. Enforcement of orders under s. 767.305
or, 767.51
or 767.62
11(4).
AB651-ASA1,231,1413
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
14(4m), 767.265
or, 767.51 (3m)
or 767.62 (4) (b) 3.
AB651-ASA1,231,2316
815.19
(2) If the property seized is an automobile which is appraised and can
17be sold for more than $1,000 or if the property seized is a tractor used in farming
18operations which is appraised and can be sold for more than $1,500, the officer may
19sell such automobile or tractor and out of the proceeds of such sale the officer shall
20pay to the debtor or the debtor's spouse the exempted value of such automobile or
21tractor. The balance of the proceeds of such sale shall be applied on the execution or
22attachment.
This subsection does not apply to automobiles or tractors levied against
23under s. 49.854.
AB651-ASA1,232,17
1815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
2resident owner and occupied by him or her shall be exempt from execution, from the
3lien of every judgment and from liability for the debts of the owner to the amount of
4$40,000, except mortgages, laborers', mechanics' and purchase money liens
, liens
5under s. 49.854 and taxes and except as otherwise provided. The exemption shall not
6be impaired by temporary removal with the intention to reoccupy the premises as a
7homestead nor by the sale of the homestead, but shall extend to the proceeds derived
8from the sale to an amount not exceeding $40,000, while held, with the intention to
9procure another homestead with the proceeds, for 2 years. The exemption extends
10to land owned by husband and wife jointly or in common or as marital property, and
11when they reside in the same household may be claimed by either or may be divided
12in any proportion between them, but the exemption may not exceed $40,000 for the
13household. If the husband and wife fail to agree on the division of exemption, the
14exemption shall be divided between them by the court in which the first judgment
15was taken. The exemption extends to the interest therein of tenants in common,
16having a homestead thereon with the consent of the cotenants, and to any estate less
17than a fee.
AB651-ASA1,232,2419
852.05
(2) Property of a nonmarital child passes in accordance with s. 852.01
20except that the father or the father's kindred can inherit only if the father has been
21adjudicated to be the father in a paternity proceeding under ch. 767
or by final order
22or judgment of a court of competent jurisdiction in another state or has been
23determined to be the father under s. 767.62 (1) or a substantially similar law of
24another state.
AB651-ASA1,233,3
1885.01
(5) By the department of workforce development or a county child
2support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22,
349.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
AB651-ASA1,233,175
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
6was born to a woman while she was the lawful wife of a specified man, any party
7asserting in such action or proceeding that the husband was not the father of the
8child shall have the burden of proving that assertion by a clear and satisfactory
9preponderance of the evidence. In all such actions or proceedings the husband and
10the wife are competent to testify as witnesses to the facts. The court or judge in such
11cases shall appoint a guardian ad litem to appear for and represent the child whose
12paternity is questioned.
Results of a genetic test, as defined in s. 767.001 (1m),
13showing that a man other than the husband is not excluded as the father of the child
14and that the statistical probability of the man's parentage is 99.0% or higher
15constitute a clear and satisfactory preponderance of the evidence of the assertion
16under this paragraph, even if the husband is unavailable to submit to genetic tests,
17as defined in s. 767.001 (1m).
AB651-ASA1,233,22
19891.405 Presumption of paternity based on acknowledgment. A man
20is presumed to be the natural father of a child if he and the mother have
21acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed
22to be the father under s. 891.41
(1).
AB651-ASA1, s. 501
23Section
501. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1)
24(b), as renumbered, is amended to read:
AB651-ASA1,234,5
1891.41
(1) (b) He and the child's natural mother were married to each other
2after the child was born but he and the child's natural mother had a relationship with
3one another during the period of time within which the child was conceived and no
4other man has been adjudicated to be the father or presumed to be the father of the
5child under
sub. (1) par. (a).
AB651-ASA1,234,127
891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
8rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
9man other than the man presumed to be the father under sub. (1) is not excluded as
10the father of the child and that the statistical probability of the man's parentage is
1199.0% or higher, even if the man presumed to be the father under sub. (1) is
12unavailable to submit to genetic tests, as defined in s. 767.001 (1m).
AB651-ASA1,234,16
14895.48 (title)
Civil liability exemption; emergency care, health care at
15athletic events and health care, hazardous substances and information
16concerning paternity.
AB651-ASA1,235,218
895.48
(3) Any member of the staff of a hospital who is designated by the
19hospital and trained by the department of workforce development under s. 69.14 (1)
20(cm) and who in good faith provides to a child's available parents written information
21that is provided by the department of workforce development and oral information
22or an audio or video presentation about the form that is prescribed by the state
23registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and
24alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm),
1is immune from civil liability for his or her acts or omissions in providing that oral
2information or audio or video presentation and written information.
AB651-ASA1,235,104
938.02
(13) "Parent" means either a biological parent, a husband who has
5consented to the artificial insemination of his wife under s. 891.40, or a parent by
6adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
7do not subsequently intermarry under s. 767.60, "parent" includes a person
adjudged
8in a judicial proceeding acknowledged under s. 767.62 (1) or a substantially similar
9law of another state or adjudicated to be the biological father. "Parent" does not
10include any person whose parental rights have been terminated.
AB651-ASA1,235,1813
948.22
(4) (b) For a person not subject to a court order requiring child,
14grandchild or spousal support payments, when the person knows or reasonably
15should have known that he or she has a dependent, failure to provide support equal
16to at least the amount established by rule by the department of workforce
17development under s. 49.22 (9)
(a) or causing a spouse, grandchild or child to become
18a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).
AB651-ASA1,236,320
977.06
(4) (bm) In response to a request for information under s. 49.22 (2m)
21made by the department of workforce development or a county child support agency
22under s. 59.53 (5), the state public defender shall provide the name and address of
23an individual, the name and address of the individual's employer and financial
24information related to the individual, if the name, address or financial information
25is included in any statement, affidavit or other information provided by the
1individual regarding financial eligibility under s. 977.07 and if, at the time the
2request for information is made, the individual is represented by the state public
3defender or by counsel assigned under s. 977.08.
AB651-ASA1,236,85
977.06
(4) (c)
Paragraph (
b) does Paragraphs (b) and (bm) do not limit the
6authority of the state public defender to release a copy of
the a statement, affidavit
7or other information
regarding financial eligibility under s. 977.07 under other
8circumstances.
AB651-ASA1,237,311
[Laws of 1937, chapter 201] Section 11.
All Except as provided in section 49.852
12of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section
13767.265 of the statutes, as affected by 1997 Wisconsin Act .... (this act), all moneys
14and assets of the retirement system and all benefits and allowances, and every
15portion thereof, both before and after payment to any beneficiary, granted under the
16retirement system shall be exempt from any state, county or municipal tax, and from
17attachment or garnishment process, and shall not be seized, taken, detained or
18levied upon by virtue of any executions, or any process or proceeding whatsoever
19issued out of or by any court of this state, for the payment and ratification in whole
20or in part of any debt, claim, damage, demand or judgment against any member of
21or beneficiary under the retirement system, and no member of or beneficiary under
22the retirement system shall have any right to assign his benefit or allowance, or any
23part thereof, either by way of mortgage or otherwise, provided, however, that the
24annuity and pension board may at its option and under rules and regulations
25promulgated by it permit retired members to assign a portion of their retirement
1allowance for the regular monthly payment of medical, surgical and hospital care.
2The exemption from taxation contained herein shall not apply with respect to any
3tax on income.
AB651-ASA1, s. 510
4Section
510. Laws of 1937, chapter 201, section 21b is created to read:
AB651-ASA1,237,75
[Laws of 1937, chapter 201] Section 21b. Notwithstanding
Section 21, no
6county may enact an ordinance that prevents a retirement system from complying
7with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).
AB651-ASA1,238,313[
1997 Wisconsin Act 27] Section 9426 (8)
Centralized receipt and
14disbursement of support and maintenance. The treatment of sections 20.445 (3) (a),
15(ja)
, (k), and (q)
and (r), 20.855 (7) (j),
25.17 (1) (tm), 25.68, 49.24 (1) (by
Section 161882n), 49.855 (1), (2), (3) (by
Section 1992m), (4), (4m) (b) (by
Section 1995m) and
17(c) and (5), 565.30 (5), 767.001 (7), 767.025 (3) and (4), 767.25 (4m) (c) 1. and (6)
18(intro.) and (a), 767.261 (intro.) and (1), 767.262 (4) (b), 767.263, 767.265 (1), (2r),
19(3h), (6) (a) and (b) and (7), 767.267 (1), (2) and (5), 767.29 (1m) (intro.) and (d) and
20(2), 767.32 (1r), 767.51 (3m) (c) 1. and (5p) (intro.) and (a), 769.319 and 814.61 (12)
21(cm) of the statutes, the repeal of sections 20.445 (3) (g), 59.40 (2) (h), 59.53 (5m),
22814.61 (12) (b) and 814.612 of the statutes, the renumbering and amendment of
23sections 59.53 (5) and 767.29 (1) of the statutes, the amendment of section 49.175 (1)
24(intro.) of the statutes, the creation of sections 59.53 (5) (b) and 767.29 (1) (b), (d) and
25(f) of the statutes and
Section 9226 (1) of this act take effect on the date stated in the
1notice published by the department of workforce development in the Wisconsin
2Administrative Register under section 767.29 (1) (f) of the statutes, as created by this
3act, or on October 1, 1999, whichever is earlier.
AB651-ASA1,238,85
(1)
State bar membership; failure to pay support or provide social security
6number. The supreme court is requested to promulgate rules under section 751.15
7of the statutes, as created by this act, so that those rules are effective beginning on
8April 1, 1998, or on the effective date of this subsection, whichever is later.
AB651-ASA1,238,1410
(1)
Financial record matching program. The department of workforce
11development shall submit in proposed form the rules required under section 49.853
12of the statutes, as created by this act, to the legislative council staff under section
13227.15 (1) of the statutes no later than the first day of the 13th month beginning after
14the effective date of this subsection.
AB651-ASA1,238,1915
(2)
Statewide concern. Notwithstanding
chapter 201, laws of 1937, section
21,
16as created by
chapter 405, laws of 1965, the treatment of section 49.852 of the
17statutes and
chapter 201, laws of 1937, sections
11 and
21b, is a matter of statewide
18concern and is not a matter of local affair or government, whether a retirement
19system is affected or otherwise.