SB494-SSA2, s. 407 17Section 407. 767.263 (1) of the statutes, as affected by 1997 Wisconsin Acts
1827
and .... (this act), is repealed and recreated to read:
SB494-SSA2,192,419 767.263 (1) Each order for child support, family support or maintenance
20payments shall include an order that the payer and payee notify the county child
21support agency under s. 59.53 (5) of any change of address within 10 business days
22of such change. Each order for child support, family support or maintenance
23payments shall also include an order that the payer notify the county child support
24agency under s. 59.53 (5), within 10 business days, of any change of employer and of
25any substantial change in the amount of his or her income such that his or her ability

1to pay child support, family support or maintenance is affected. The order shall also
2include a statement that clarifies that notification of any substantial change in the
3amount of the payer's income will not result in a change of the order unless a revision
4of the order is sought.
SB494-SSA2, s. 408 5Section 408. 767.263 (2) of the statutes is created to read:
SB494-SSA2,192,116 767.263 (2) When an order is entered under sub. (1), each party shall provide
7to the clerk of court or support collection designee his or her social security number,
8residential and mailing addresses, telephone number, operator's license number and
9the name, address and telephone number of his or her employer. A party shall advise
10the clerk of court or support collection designee of any change in the information
11provided under this subsection within 10 business days after the change.
SB494-SSA2, s. 409 12Section 409. 767.263 (2) of the statutes, as created by 1997 Wisconsin Act ....
13(this act), is amended to read:
SB494-SSA2,192,2114 767.263 (2) When an order is entered under sub. (1), each party shall provide
15to the clerk of court or support collection designee county child support agency under
16s. 59.53 (5)
his or her social security number, residential and mailing addresses,
17telephone number, operator's license number and the name, address and telephone
18number of his or her employer. A party shall advise the clerk of court or support
19collection designee
county child support agency under s. 59.53 (5) of any change in
20the information provided under this subsection within 10 business days after the
21change.
SB494-SSA2, s. 410 22Section 410 . 767.265 (1) of the statutes is amended to read:
SB494-SSA2,193,1323 767.265 (1) Each order for child support under this chapter, for maintenance
24payments under s. 767.23 or 767.26, for family support under this chapter, for costs
25ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02

1(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
2in a judgment or order with respect to child support, maintenance or family support
3payments under s. 767.32, each stipulation approved by the court or the family court
4commissioner for child support under this chapter and each order for child or spousal
5support entered under s. 948.22 (7) constitutes an assignment of all commissions,
6earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
7prizes that are payable in instalments and other money due or to be due in the future
8to the clerk of court or support collection designee of the county where the action is
9filed. The assignment shall be for an amount sufficient to ensure payment under the
10order or stipulation and to pay any arrearages due at a periodic rate not to exceed
1150% of the amount of support due under the order or stipulation so long as the
12addition of the amount toward arrearages does not leave the party at an income
13below the poverty line established under 42 USC 9902 (2).
SB494-SSA2, s. 411 14Section 411. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Acts 27
15and .... (this act), is repealed and recreated to read:
SB494-SSA2,194,516 767.265 (1) Each order for child support under this chapter, for maintenance
17payments under s. 767.23 or 767.26, for family support under this chapter, for costs
18ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02
19(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
20in a judgment or order with respect to child support, maintenance or family support
21payments under s. 767.32, each stipulation approved by the court or the family court
22commissioner for child support under this chapter and each order for child or spousal
23support entered under s. 948.22 (7) constitutes an assignment of all commissions,
24earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
25prizes that are payable in instalments and other money due or to be due in the future

1to the department or its designee. The assignment shall be for an amount sufficient
2to ensure payment under the order or stipulation and to pay any arrearages due at
3a periodic rate not to exceed 50% of the amount of support due under the order or
4stipulation so long as the addition of the amount toward arrearages does not leave
5the party at an income below the poverty line established under 42 USC 9902 (2).
SB494-SSA2, s. 412 6Section 412. 767.265 (2h) of the statutes is amended to read:
SB494-SSA2,194,247 767.265 (2h) If a court-ordered assignment does not require immediately
8effective withholding and a payer fails to make a required maintenance, child
9support, spousal support or family support payment within 10 days after its due
10date, within 20 days after the payment's due date the court or family court
11commissioner shall cause the assignment to go into effect by providing notice of the
12assignment in the manner provided under sub. (2r)
and shall send a notice by regular
13mail to the last-known address of the payer. The notice sent to the payer shall inform
14the payer that an assignment is in effect and that the payer may, within a 10-day
15period, by motion request a hearing on the issue of whether the assignment should
16remain in effect. The court or family court commissioner shall hold a hearing
17requested under this section subsection within 10 working days after the date of the
18request. If at the hearing the payer establishes that the assignment is not proper
19because of a mistake of fact, the court or family court commissioner may direct that
20the assignment be withdrawn. If the payer does not request a hearing, the court or
21family court commissioner shall send notice of the assignment to the person from
22whom the payer receives or will receive money.
Either party may, within 15 working
23days after the date of the a decision by a family court commissioner under this section
24subsection, seek review of the decision by the court with jurisdiction over the action.
SB494-SSA2, s. 413 25Section 413. 767.265 (2r) of the statutes is amended to read:
SB494-SSA2,195,14
1767.265 (2r) Upon entry of each order for child support, maintenance, family
2support or support by a spouse and upon approval of each stipulation for child
3support, unless the court finds that income withholding is likely to cause the payer
4irreparable harm or unless s. 767.267 applies, the court shall provide notice of the
5assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a),
6or other electronic means
to the last-known address of the person from whom the
7payer receives or will receive money. The notice shall provide that the amount
8withheld may not exceed the maximum amount that is subject to garnishment under
915 USC 1673 (b) (2).
If the clerk of court or support collection designee, whichever
10is appropriate, does not receive the money from the person notified, the court shall
11provide notice of the assignment to any other person from whom the payer receives
12or will receive money. Notice under this subsection may be a notice of the court, a
13copy of the executed assignment or a copy of that part of the court order directing
14payment.
SB494-SSA2, s. 414 15Section 414. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Acts
1627
and .... (this act), is repealed and recreated to read:
SB494-SSA2,196,617 767.265 (2r) Upon entry of each order for child support, maintenance, family
18support or support by a spouse and upon approval of each stipulation for child
19support, unless the court finds that income withholding is likely to cause the payer
20irreparable harm or unless s. 767.267 applies, the court, family court commissioner
21or county child support agency under s. 59.53 (5) shall provide notice of the
22assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a),
23or other electronic means to the last-known address of the person from whom the
24payer receives or will receive money. The notice shall provide that the amount
25withheld may not exceed the maximum amount that is subject to garnishment under

115 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does
2not receive the money from the person notified, the court, family court commissioner
3or county child support agency under s. 59.53 (5) shall provide notice of the
4assignment to any other person from whom the payer receives or will receive money.
5Notice under this subsection may be a notice of the court, a copy of the executed
6assignment or a copy of that part of the court order directing payment.
SB494-SSA2, s. 415 7Section 415 . 767.265 (3h) of the statutes is amended to read:
SB494-SSA2,196,248 767.265 (3h) A person who receives notice of assignment under this section or
9s. 767.23 (1) (L), 767.25 (4m) (c) or, 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws
10of another state shall withhold the amount specified in the notice from any money
11that person pays to the payer later than one week after receipt of notice of
12assignment. Within 5 days after the day the person pays money to the payer, the
13person shall send the amount withheld to the clerk of court or support collection
14designee, whichever is appropriate, of the jurisdiction providing notice or, in the case
15of an amount ordered withheld for health care expenses, to the appropriate health
16care insurer, provider or plan. With each payment sent to the clerk of court or support
17collection designee, the person from whom the payer receives money shall report to
18the clerk or support collection designee the payer's gross income or other gross
19amount from which the payment was withheld.
Except as provided in sub. (3m), for
20each payment sent to the clerk of court or support collection designee, the person
21from whom the payer receives money shall receive an amount equal to the person's
22necessary disbursements, not to exceed $3, which shall be deducted from the money
23to be paid to the payer. Section 241.09 does not apply to assignments under this
24section.
SB494-SSA2, s. 416
1Section 416. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Acts
227
and .... (this act), is repealed and recreated to read:
SB494-SSA2,197,183 767.265 (3h) A person who receives notice of assignment under this section or
4s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws
5of another state shall withhold the amount specified in the notice from any money
6that person pays to the payer later than one week after receipt of notice of
7assignment. Within 5 days after the day the person pays money to the payer, the
8person shall send the amount withheld to the department or its designee, whichever
9is appropriate, or, in the case of an amount ordered withheld for health care
10expenses, to the appropriate health care insurer, provider or plan. With each
11payment sent to the department or its designee, the person from whom the payer
12receives money shall report to the department or its designee the payer's gross
13income or other gross amount from which the payment was withheld. Except as
14provided in sub. (3m), for each payment sent to the department or its designee, the
15person from whom the payer receives money shall receive an amount equal to the
16person's necessary disbursements, not to exceed $3, which shall be deducted from the
17money to be paid to the payer. Section 241.09 does not apply to assignments under
18this section.
SB494-SSA2, s. 417 19Section 417. 767.265 (3m) of the statutes is amended to read:
SB494-SSA2,198,220 767.265 (3m) Benefits under ch. 108 may be assigned and withheld only in the
21manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall
22be for an amount certain
may be for a percentage of benefits payable or for a fixed
23sum, or for a combination of both in the alternative by requiring the withholding of
24the greater or lesser of either a percentage of benefits payable or a fixed sum
. When

1money is to be withheld from these benefits, no fee may be deducted from the amount
2withheld and no fine may be levied for failure to withhold the money.
SB494-SSA2, s. 418 3Section 418. 767.265 (4) of the statutes is amended to read:
SB494-SSA2,198,64 767.265 (4) A withholding assignment or order under this section or s. 767.23
5(1) (L), 767.25 (4m) (c) or, 767.51 (3m) (c) or 767.62 (4) (b) 3. has priority over any other
6assignment, garnishment or similar legal process under state law.
SB494-SSA2, s. 419 7Section 419 . 767.265 (6) (a) of the statutes is amended to read:
SB494-SSA2,198,168 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of
9assignment the person from whom the payer receives money fails to withhold the
10money or send the money to the clerk of court or support collection designee or the
11appropriate health care insurer, provider or plan as provided in this section or s.
12767.23 (1) (L), 767.25 (4m) (c) or, 767.51 (3m) (c) or 767.62 (4) (b) 3., the person may
13be proceeded against under the principal action under ch. 785 for contempt of court
14or may be proceeded against under ch. 778 and be required to forfeit not less than
15$50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
16amount not withheld or sent.
SB494-SSA2, s. 420 17Section 420. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Acts
1827
and .... (this act), is repealed and recreated to read:
SB494-SSA2,199,219 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of
20assignment the person from whom the payer receives money fails to withhold the
21money or send the money to the department or its designee or the appropriate health
22care insurer, provider or plan as provided in this section or s. 767.23 (1) (L), 767.25
23(4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the person may be proceeded against
24under the principal action under ch. 785 for contempt of court or may be proceeded
25against under ch. 778 and be required to forfeit not less than $50 nor more than an

1amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld
2or sent.
SB494-SSA2, s. 421 3Section 421 . 767.265 (6) (b) of the statutes is amended to read:
SB494-SSA2,199,94 767.265 (6) (b) If an employer who receives an assignment under this section
5or s. 767.23 (1) (L), 767.25 (4m) (c) or, 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify
6the clerk of court or support collection designee, whichever is appropriate, within 10
7days after an employe is terminated or otherwise temporarily or permanently leaves
8employment, the employer may be proceeded against under the principal action
9under ch. 785 for contempt of court.
SB494-SSA2, s. 422 10Section 422. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Acts
1127
and .... (this act), is repealed and recreated to read:
SB494-SSA2,199,1712 767.265 (6) (b) If an employer who receives an assignment under this section
13or s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify
14the department or its designee, whichever is appropriate, within 10 days after an
15employe is terminated or otherwise temporarily or permanently leaves employment,
16the employer may be proceeded against under the principal action under ch. 785 for
17contempt of court.
SB494-SSA2, s. 423 18Section 423. 767.265 (6) (c) of the statutes is amended to read:
SB494-SSA2,200,219 767.265 (6) (c) No employer may use an assignment under this section or s.
20767.23 (1) (L), 767.25 (4m) (c) or, 767.51 (3m) (c) or 767.62 (4) (b) 3. as a basis for the
21denial of employment to a person, the discharge of an employe or any disciplinary
22action against an employe. An employer who denies employment or discharges or
23disciplines an employe in violation of this paragraph may be fined not more than
24$500 and may be required to make full restitution to the aggrieved person, including
25reinstatement and back pay. Except as provided in this paragraph, restitution shall

1be in accordance with s. 973.20. An aggrieved person may apply to the district
2attorney or to the department for enforcement of this paragraph.
SB494-SSA2, s. 424 3Section 424. 767.265 (6m) of the statutes is created to read:
SB494-SSA2,200,94 767.265 (6m) A county child support agency under s. 59.53 (5) may convert a
5support amount in an order for income withholding under this section that is
6expressed as a percentage of income to the equivalent sum certain amount for
7purposes of enforcing a child support order in another state under subch. V or VI of
8ch. 769. Nothing in this subsection authorizes a change, or may be construed to
9change, the support obligation specified in the underlying child support order.
SB494-SSA2, s. 425 10Section 425 . 767.27 (2m) of the statutes, as affected by 1997 Wisconsin Act 27,
11is amended to read:
SB494-SSA2,200,2512 767.27 (2m) In every action in which the court has ordered a party to pay child
13support under s. 767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261
14and the circumstances specified in s. 767.075 (1) apply, the court shall require the
15party who is ordered to pay the support to annually furnish the disclosure form
16required under this section and may require that party to annually furnish a copy
17of his or her most recently filed state and federal income tax returns to the county
18child support agency under s. 59.53 (5) for the county in which the order was entered.
19In any action in which the court has ordered a party to pay child support under s.
20767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261, the court may
21require the party who is ordered to pay the support to annually furnish the disclosure
22form required under this section and a copy of his or her most recently filed state and
23federal income tax returns to the party for whom the support has been awarded. A
24party who fails to furnish the information as required by the court under this
25subsection may be proceeded against for contempt of court under ch. 785.
SB494-SSA2, s. 426
1Section 426 . 767.29 (1m) (intro.) of the statutes is amended to read:
SB494-SSA2,201,82 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261 and, 767.51 (5p)
3and 767.62 (4) (g), if the clerk of court or support collection designee receives support
4or maintenance money that exceeds the amount due in the month in which it is
5received and that the clerk or support collection designee determines is for support
6or maintenance due in a succeeding month, the clerk or support collection designee
7may hold the amount of overpayment that does not exceed the amount due in the next
8month for disbursement in the next month if any of the following applies:
SB494-SSA2, s. 427 9Section 427. 767.29 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin
10Acts 27
and .... (this act), is repealed and recreated to read:
SB494-SSA2,201,1711 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261, 767.51 (5p) and
12767.62 (4) (g), if the department or its designee receives support or maintenance
13money that exceeds the amount due in the month in which it is received and that the
14department or its designee determines is for support or maintenance due in a
15succeeding month, the department or its designee may hold the amount of
16overpayment that does not exceed the amount due in the next month for
17disbursement in the next month if any of the following applies:
SB494-SSA2, s. 428 18Section 428. 767.29 (3) of the statutes is renumbered 767.29 (3) (a).
SB494-SSA2, s. 429 19Section 429. 767.29 (3) (b) of the statutes is created to read:
SB494-SSA2,202,420 767.29 (3) (b) If a child who is the beneficiary of support under a judgment or
21order is placed by court order in a child caring institution, juvenile correctional
22institution or state mental institution, the right of the child to support during the
23period of the child's confinement, including any right to unpaid support accruing
24during that period, is assigned to the state. If the judgment or order providing for
25the support of a child who is placed in a child caring institution, juvenile correctional

1institution or state mental institution includes support for one or more other
2children, the support that is assigned to the state shall be the proportionate share
3of the child placed in the institution, except as otherwise ordered by the court or
4family court commissioner on the motion of a party.
SB494-SSA2, s. 430 5Section 430. 767.295 (2) (a) (intro.) of the statutes is amended to read:
SB494-SSA2,202,126 767.295 (2) (a) (intro.) In an action for modification of a child support order
7under s. 767.32, an action in which an order for child support is required under s.
8767.25 (1) or, 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce
9a child support or family support order in a county that contracts under s. 49.36 (2),
10the court may order a parent who is not a custodial parent to register for a work
11experience and job training program under s. 49.36 if all of the following conditions
12are met:
SB494-SSA2, s. 431 13Section 431. 767.295 (2) (c) of the statutes is amended to read:
SB494-SSA2,202,2514 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
15parent to pay child support equal to the amount determined by applying the
16percentage standard established under s. 49.22 (9) to the income a person would earn
17by working 40 hours per week for the federal minimum hourly wage under 29 USC
18206
(a) (1) or equal to the amount of child support that the parent was ordered to pay
19in the most recent determination of support under this chapter. The child support
20obligation ordered under this paragraph continues until the parent makes timely
21payment in full for 3 consecutive months or until the person participates in the
22program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide
23in its order that the parent must make child support payments calculated under s.
24767.25 (1j) or (1m) or, 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation
25to make payments ordered under this paragraph ceases.
SB494-SSA2, s. 432
1Section 432 . 767.30 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
2is amended to read:
SB494-SSA2,203,113 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b)
44., 48.357 (5m), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
5support or maintenance under s. 767.08, child support, family support or
6maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
7767.26, family support under s. 767.261, attorney fees under s. 767.262, child support
8or a child's health care expenses under s. 767.477,
paternity obligations under s.
9767.458 (3), 767.51 or 767.62 (4), support arrearages under s. 767.293 or child or
10spousal support under s. 948.22 (7), the court may provide that any payment be paid
11in the amounts and at the times that it considers expedient.
SB494-SSA2, s. 433 12Section 433. 767.303 (1) of the statutes is amended to read:
SB494-SSA2,203,2413 767.303 (1) If a person fails to pay a payment ordered for support under s.
14767.077, support under s. 767.08, child support or family support under s. 767.23,
15child support under s. 767.25, family support under s. 767.261, revised child or
16family support under s. 767.32, child support under s. 767.458 (3), child support
17under s. 767.477,
child support under s. 767.51, child support under s. 767.62 (4) (a),
18child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
19or more days past due and the court finds that the person has the ability to pay the
20amount ordered, the court may suspend the person's operating privilege, as defined
21in s. 340.01 (40), until the person pays all arrearages in full or makes payment
22arrangements that are satisfactory to the court, except that the suspension period
23may not exceed 5 years. If otherwise eligible, the person is eligible for an
24occupational license under s. 343.10 at any time.
SB494-SSA2, s. 434
1Section 434 . 767.305 of the statutes, as affected by 1997 Wisconsin Act 27, is
2amended to read:
SB494-SSA2,204,12 3767.305 Enforcement; contempt proceedings. In all cases where a party
4has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
5767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 767.458 (3), 767.477,
6767.51, 767.62 (4),
938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has
7failed within a reasonable time or as ordered by the court to satisfy such obligation,
8and where the wage assignment proceeding under s. 767.265 and the account
9transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may
10on its own initiative, and shall on the application of the receiving party, issue an order
11requiring the payer to show cause at some reasonable time therein specified why he
12or she should not be punished for such misconduct as provided in ch. 785.
SB494-SSA2, s. 435 13Section 435 . 767.32 (1) (b) 4. of the statutes is amended to read:
SB494-SSA2,204,1914 767.32 (1) (b) 4. A difference between the amount of child support ordered by
15the court to be paid by the payer and the amount that the payer would have been
16required to pay based on the percentage standard established by the department
17under s. 49.22 (9) if the court did not use the percentage standard in determining the
18child support payments and did not provide the information required under s. 46.10
19(14) (d), 767.25 (1n) or, 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.
SB494-SSA2, s. 436 20Section 436. 767.32 (2m) of the statutes is amended to read:
SB494-SSA2,204,2521 767.32 (2m) Upon request by a party, the court may modify the amount of
22revised child support payments determined under sub. (2) if, after considering the
23factors listed in s. 767.25 (1m) or, 767.51 (5) or 767.62 (4) (e), as appropriate, the court
24finds, by the greater weight of the credible evidence, that the use of the percentage
25standard is unfair to the child or to any of the parties.
SB494-SSA2, s. 437
1Section 437 . 767.32 (2s) of the statutes is amended to read:
SB494-SSA2,205,62 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation
3for the revision of a judgment or order with respect to an amount of child support or
4family support unless the stipulation provides for payment of an amount of child
5support or family support that is determined in the manner required under s. 46.10
6(14), 767.25 or, 767.51 or 767.62 (4), whichever is appropriate.
SB494-SSA2, s. 438 7Section 438. 767.37 (1) (a) of the statutes is amended to read:
SB494-SSA2,205,258 767.37 (1) (a) In any action affecting the family, if the court orders maintenance
9payments or other allowances for a party or children or retains jurisdiction in such
10matters, the written judgment shall include a provision that disobedience of the
11court order with respect to the same is punishable under ch. 785 by commitment to
12the county jail or house of correction until such judgment is complied with and the
13costs and expenses of the proceedings are paid or until the party committed is
14otherwise discharged, according to law. The written judgment in any action affecting
15the family shall include the social security numbers of the parties and of any child
16of the parties.
The findings of fact and conclusions of law and the written judgment
17shall be drafted by the attorney for the moving party, and shall be submitted to the
18court and filed with the clerk of the court within 30 days after judgment is granted;
19but if the respondent has been represented by counsel, the findings, conclusions and
20judgment shall first be submitted to respondent's counsel for approval and if the
21family court commissioner has appeared at the trial of the action, such papers shall
22also be sent to the family court commissioner for approval. After any necessary
23approvals are obtained, the findings of fact, conclusions of law and judgment shall
24be submitted to the court. Final stipulations of the parties may be appended to the
25judgment and incorporated by reference therein.
SB494-SSA2, s. 439
1Section 439. 767.45 (1) (intro.) of the statutes is amended to read:
SB494-SSA2,206,52 767.45 (1) (intro.) The following persons may bring an action or motion,
3including an action or motion for declaratory judgment, for the purpose of
4determining the paternity of a child or for the purpose of rebutting the presumption
5of paternity under s. 891.405 or 891.41 (1):
SB494-SSA2, s. 440 6Section 440 . 767.45 (1) (c) of the statutes is amended to read:
SB494-SSA2,206,87 767.45 (1) (c) A Unless s. 767.62 (1) applies, a man presumed to be the child's
8father under s. 891.405 or 891.41 (1).
SB494-SSA2, s. 441 9Section 441. 767.45 (1) (k) of the statutes is amended to read:
SB494-SSA2,206,1410 767.45 (1) (k) In conjunction with the filing of a petition for visitation with
11respect to the child under s. 767.245 (3), a parent of a person who has filed a
12declaration of paternal interest under s. 48.025 or with respect to the child or a
13parent of a person who, before April 1, 1998, signed and filed
a statement
14acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.
SB494-SSA2, s. 442 15Section 442. 767.45 (5) (b) of the statutes is amended to read:
SB494-SSA2,207,316 767.45 (5) (b) An action under this section may be joined with any other action
17for child support and shall be governed by the procedures specified in s. 767.05
18relating to child support, except that the title of the action shall be "In re the
19paternity of A.B." The petition shall state the name and date of birth of the child if
20born or that the mother is pregnant if the child is unborn, the name of any alleged
21father, whether or not an action by any of the parties to determine the paternity of
22the child or rebut the presumption of paternity to the child has at any time been
23commenced, or is pending before any judge or court commissioner, in this state or
24elsewhere. If a paternity judgment has been rendered, or if a paternity action has
25been dismissed, the petition shall state the court which rendered the judgment or

1dismissed the action, and the date and the place the judgment was granted if known.
2The petition shall also give notice of a party's right to request a genetic test under
3s. 49.225 or 767.48.
SB494-SSA2, s. 443 4Section 443 . 767.45 (5m) of the statutes is amended to read:
SB494-SSA2,207,195 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m),
6767.477, 767.62 and 769.401, unless a man is either presumed the child's father
7under s. 891.41 or (1), is adjudicated the child's father either under s. 767.51 or by
8final order or judgment of a court of competent jurisdiction in another state or has
9acknowledged himself to be the child's father under s. 767.62 (1) or a substantially
10similar law of another state
, no order or temporary order may be entered for child
11support, legal custody or physical placement until the man is adjudicated the father
12using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss.
13767.477, 767.62 and 769.401, the exclusive procedure for establishment of child
14support obligations, legal custody or physical placement rights for a man who is
15neither not presumed the child's father under s. 891.41 nor (1), adjudicated the father
16or acknowledged under s. 767.62 (1) or a substantially similar law of another state
17to be the father
is by an action under ss. 767.45 to 767.60 or under s. 769.701. No
18person may waive the use of this procedure. If a presumption under s. 891.41 (1)
19exists, a party denying paternity has the burden of rebutting the presumption.
SB494-SSA2, s. 444 20Section 444. 767.45 (6m) of the statutes is amended to read:
SB494-SSA2,208,221 767.45 (6m) The attorney designated under sub. (6) (a) shall commence an
22action under this section on behalf of the state within 6 months after receiving
23notification under s. 69.03 (15) that no father is named on the birth certificate of a
24child who is a resident of the county if paternity has not been acknowledged under

1s. 767.62 (1) or a substantially similar law of another state or
adjudicated, except in
2situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.
SB494-SSA2, s. 445 3Section 445. 767.45 (6p) of the statutes is repealed.
SB494-SSA2, s. 446 4Section 446. 767.455 (5g) (form) 2. of the statutes is amended to read:
SB494-SSA2,208,115 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If
6you are unable to afford an attorney, the court will appoint one for you only upon one
7or more of the genetic tests taken during the proceedings showing
if the results of one
8or more genetic tests show
that you are excluded as the father and that the statistical
9probability of your being the father is less than 99.0%. In order to determine whether
10you are entitled to have an attorney appointed for you, you may call the following
11telephone number .... .
SB494-SSA2, s. 447 12Section 447. 767.455 (5g) (form) 3. of the statutes is amended to read:
SB494-SSA2,208,1713 767.455 (5g) (form) 3. You may request genetic tests which will indicate the
14probability that you are or are not the father of the child. The court or county child
15support agency
will order genetic tests on request by you, the state or any other party.
16Any person who refuses to take court-ordered genetic tests may be punished for
17contempt of court.
SB494-SSA2, s. 448 18Section 448. 767.455 (5g) (form) 7. of the statutes is amended to read:
SB494-SSA2,209,219 767.455 (5g) (form) 7. If you fail to appear at any stage of the proceeding,
20including a scheduled court-ordered genetic test, the court will enter a default
21judgment finding you to be the father. A default judgment will take effect 30 days
22after it is served on or mailed to you at your address on file with the court, unless
23within those 30 days you present to the court evidence of good cause for your failure
24to appear or your failure to have undergone a court-ordered genetic test. You need
25not appear at the time and place specified in the summons if you complete the

1attached waiver of first appearance statement and deliver it to the court by the date
2specified in the waiver of first appearance statement.
SB494-SSA2, s. 449 3Section 449. 767.455 (5r) (form) 2. of the statutes is amended to read:
SB494-SSA2,209,104 767.455 (5r) (form) 2. I understand that I will be notified by the court of all
5future stages in the proceeding and agree to appear at those stages. If I fail to appear
6at any stage, including a scheduled court-ordered genetic test, the court will enter
7a default judgment finding me to be the father. A default judgment will take effect
830 days after it is served on or mailed to me, unless within those 30 days I present
9to the court evidence of good cause for my failure to appear or my failure to have
10undergone a court-ordered genetic test.
SB494-SSA2, s. 450 11Section 450. 767.458 (1) (c) of the statutes is amended to read:
SB494-SSA2,209,1512 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the
13respondent may request the administration of genetic tests which either
14demonstrate that he is not the father of the child or which demonstrate the
15probability that he is or is not the father of the child;
SB494-SSA2, s. 451 16Section 451. 767.458 (1) (d) of the statutes is amended to read:
SB494-SSA2,209,1817 767.458 (1) (d) Except as provided under sub. in subs. (1m) and (2) and s.
18767.463
, the court will order genetic tests upon the request of any party; and
SB494-SSA2, s. 452 19Section 452 . 767.458 (2) of the statutes is amended to read:
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