SB494-SSA2, s. 466 14Section 466 . 767.48 (1) (a) of the statutes is amended to read:
SB494-SSA2,213,2515 767.48 (1) (a) The court may, and upon request of a party shall, require the
16child, mother, any male for whom there is probable cause to believe that he had
17sexual intercourse with the mother during a possible time of the child's conception,
18or any male witness who testifies or will testify about his sexual relations with the
19mother at a possible time of conception to submit to genetic tests. Probable cause of
20sexual intercourse during a possible time of conception may be established by a
21sufficient petition or affidavit of the child's mother or an alleged father, filed with the
22court, or after an examination under oath of a complainant party or witness, when
23the court determines such an examination is necessary. The court is not required to
24order a person who has undergone a genetic test under s. 49.225 to submit to another
25test under this paragraph unless a party requests additional tests under sub. (2).
SB494-SSA2, s. 467
1Section 467. 767.48 (1) (b) of the statutes is renumbered 767.48 (1) (b) (intro.)
2and amended to read:
SB494-SSA2,214,93 767.48 (1) (b) (intro.) The genetic tests shall be performed by an expert
4qualified as an examiner of genetic markers present on the cells of the specific body
5material to be used for the tests, appointed by the court. A report completed and
6certified by the court-appointed expert stating genetic test results and the statistical
7probability of the alleged father's paternity based upon the genetic tests is
8admissible as evidence without expert testimony and may be entered into the record
9at the trial or pretrial hearing if, at all of the following apply:
SB494-SSA2,214,11 101. At least 10 days before the trial or pretrial hearing, the party offering the
11report files it with the court and notifies all other parties of that filing.
SB494-SSA2, s. 468 12Section 468. 767.48 (1) (b) 2. of the statutes is created to read:
SB494-SSA2,214,1713 767.48 (1) (b) 2. At least 10 days before the trial or pretrial hearing, the
14department or county child support agency under s. 59.53 (5) notifies the alleged
15father of the results of the genetic tests and that he may object to the test results by
16submitting an objection in writing to the court no later than the day before the
17hearing.
SB494-SSA2, s. 469 18Section 469. 767.48 (1) (b) 3. of the statutes is created to read:
SB494-SSA2,214,2119 767.48 (1) (b) 3. The alleged father, after receiving the notice under subd. 2.,
20does not object to the test results in the manner provided in the notice under subd.
212.
SB494-SSA2, s. 470 22Section 470. 767.48 (1m) of the statutes is amended to read:
SB494-SSA2,215,223 767.48 (1m) Under sub. (1), if the If genetic tests ordered under this section or
24s. 49.225
show that the alleged father is not excluded and that the statistical

1probability of the alleged father's parentage is 99.0% or higher, the alleged father
2shall be rebuttably presumed to be the child's parent.
SB494-SSA2, s. 471 3Section 471. 767.48 (4) of the statutes is amended to read:
SB494-SSA2,215,164 767.48 (4) Whenever the results of the genetic tests exclude the an alleged
5father as the father of the child, this evidence shall be conclusive evidence of
6nonpaternity and the court shall dismiss the any paternity action with respect to that
7alleged father
. Whenever the results of the genetic tests exclude any male witness
8from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
9male witness. Testimony relating to sexual intercourse or possible sexual
10intercourse of the mother with any person excluded as a possible father, as a result
11of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
12genetic test, this fact shall be disclosed to the fact finder. This refusal Refusal to
13submit to a genetic test ordered by the court
is a contempt of the court for failure to
14produce evidence under s. 767.47 (5). If the action was brought by the child's mother
15but she refuses to submit herself or the child to genetic tests, the action shall be
16dismissed.
SB494-SSA2, s. 472 17Section 472. 767.48 (5) (a) of the statutes is amended to read:
SB494-SSA2,215,2018 767.48 (5) (a) At Except as provided in par. (b), at the close of the proceeding
19the court may order either or both parties to reimburse the county if the court finds
20that they have sufficient resources to pay the costs of the genetic tests.
SB494-SSA2, s. 473 21Section 473 . 767.48 (5) (b) of the statutes is amended to read:
SB494-SSA2,216,222 767.48 (5) (b) If 2 or more identical series of genetic tests are performed upon
23the same person, regardless of whether the tests were ordered under this section or
24s. 49.225 or 767.458 (2),
the court may shall require the person requesting the 2nd

1or subsequent series of tests to pay for it in advance, unless the court finds that the
2person is indigent
.
SB494-SSA2, s. 474 3Section 474. 767.51 (1) of the statutes is amended to read:
SB494-SSA2,216,54 767.51 (1) The A judgment or order of the court determining the existence or
5nonexistence of paternity is determinative for all purposes.
SB494-SSA2, s. 475 6Section 475. 767.51 (2) of the statutes is amended to read:
SB494-SSA2,216,117 767.51 (2) The clerk of court shall file with the state registrar, within 30 days
8after the entry of the order or a judgment or order determining paternity, a report
9showing the names, dates and birth places of the child and the father and the maiden
10name of the mother on a form designated by the state registrar, along with the fee
11set forth in s. 69.22 (5), which the clerk of court shall collect.
SB494-SSA2, s. 476 12Section 476 . 767.51 (2) of the statutes, as affected by 1997 Wisconsin Act ....
13(this act), is amended to read:
SB494-SSA2,216,1914 767.51 (2) The clerk of court shall file with the state registrar, within 30 days
15after the entry of a judgment or order determining paternity, a report showing the
16names, dates and birth places of the child and the father, the social security numbers
17of the mother, father and child
and the maiden name of the mother on a form
18designated by the state registrar, along with the fee set forth in s. 69.22 (5), which
19the clerk of court shall collect.
SB494-SSA2, s. 477 20Section 477. 767.51 (3) of the statutes is amended to read:
SB494-SSA2,217,1021 767.51 (3) The A judgment or order determining paternity may contain any
22other provision directed against the appropriate party to the proceeding, concerning
23the duty of support, the legal custody and guardianship of the child, periods of
24physical placement, the furnishing of bond or other security for the payment of the
25judgment, or any other matter in the best interest of the child. Unless the court

1orders otherwise, if there is no presumption of paternity under s. 891.41 (1) the
2mother shall have sole legal custody of the child. The court shall order either party
3or both to pay for the support of any child of the parties who is less than 18 years old,
4or any child of the parties who is less than
19 years old and if the child is pursuing
5an accredited course of instruction leading to the acquisition of a high school diploma
6or its equivalent. The judgment or order may direct the father to pay or contribute
7to the reasonable expenses of the mother's pregnancy and confinement during
8pregnancy and may direct either party to pay or contribute to the costs of genetic
9tests, attorney fees and other costs. Contributions to the costs of genetic tests shall
10be paid to the county which paid for the genetic tests.
SB494-SSA2, s. 478 11Section 478 . 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin
12Act 27
, is amended to read:
SB494-SSA2,217,1613 767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child,
14if eligible for coverage, upon application by the parent, the child's other parent, the
15department or the county child support agency under s. 59.53 (5), or upon receiving
16a notice under par. (f) 1
.
SB494-SSA2, s. 479 17Section 479. 767.51 (3m) (d) 2m. of the statutes is created to read:
SB494-SSA2,217,2118 767.51 (3m) (d) 2m. Inform the county child support agency under s. 59.53 (5)
19when coverage of the child under the health benefit plan is in effect and, upon
20request, provide copies of necessary program or policy identification to the child's
21other parent.
SB494-SSA2, s. 480 22Section 480. 767.51 (3m) (f) of the statutes is created to read:
SB494-SSA2,218,223 767.51 (3m) (f) 1. If a parent who provides coverage of the health care expenses
24of a child under an order under this subsection changes employers and that parent
25has a court-ordered child support obligation with respect to the child, the county

1child support agency under s. 59.53 (5) shall provide notice of the order to provide
2coverage of the child's health care expenses to the new employer and to the parent.
SB494-SSA2,218,123 2. The notice provided to the parent shall inform the parent that coverage for
4the child under the new employer's health benefit plan will be in effect upon the
5employer's receipt of the notice. The notice shall inform the parent that he or she
6may, within 10 business days after receiving the notice, by motion request a hearing
7before the court on the issue of whether the order to provide coverage of the child's
8health care expenses should remain in effect. A motion under this subdivision may
9be heard by a family court commissioner. If the parent requests a hearing and the
10court or family court commissioner determines that the order to provide coverage of
11the child's health care expenses should not remain in effect, the court shall provide
12notice to the employer that the order is no longer in effect.
SB494-SSA2, s. 481 13Section 481. 767.51 (3r) (a) (intro.) of the statutes is amended to read:
SB494-SSA2,218,2414 767.51 (3r) (a) (intro.) In making an order of legal custody under sub. (3), the
15court shall require order a parent who is not granted legal custody to provide to the
16court medical and medical history information that is known to the parent. If the
17court orders joint legal custody, the court shall require each parent to provide to the
18court medical and medical history information that is known to the parent.
The court
19shall keep the information confidential and may release it only as provided in this
20subsection
send the information to the physician or other health care provider with
21primary responsibility for the treatment and care of the child, as designated by the
22parent who is granted legal custody of the child, and advise the physician or other
23health care provider of the identity of the child to whom the information relates
. The
24information provided shall include all of the following:
SB494-SSA2, s. 482 25Section 482. 767.51 (3r) (am) of the statutes is created to read:
SB494-SSA2,219,12
1767.51 (3r) (am) The physician or other health care provider designated under
2par. (a) shall keep the information separate from other records kept by the physician
3or other health care provider. The information shall be assigned an identification
4number and maintained under the name of the parent who provided the information
5to the court. The patient health care records of the child that are kept by the
6physician or other health care provider shall include a reference to that name and
7identification number. If the child's patient health care records are transferred to
8another physician or other health care provider or another health care facility, the
9records containing the information provided under par. (a) shall be transferred with
10the child's patient health care records. Notwithstanding s. 146.819, the information
11provided under par. (a) need not be maintained by a physician or other health care
12provider after the child reaches age 18.
SB494-SSA2, s. 483 13Section 483. 767.51 (3r) (b) of the statutes is repealed and recreated to read:
SB494-SSA2,219,1514 767.51 (3r) (b) Notwithstanding ss. 146.81 to 146.835, the information shall be
15kept confidential, except only as follows:
SB494-SSA2,219,2016 1. The physician or other health care provider with custody of the information,
17or any other record custodian at the request of the physician or other health care
18provider, shall have access to the information if, in the professional judgment of the
19physician or other health care provider, the information may be relevant to the child's
20medical condition.
SB494-SSA2,219,2321 2. The physician or other health care provider may release only that portion
22of the information, and only to a person, that the physician or other health care
23provider determines is relevant to the child's medical condition.
SB494-SSA2, s. 484 24Section 484. 767.51 (5p) (intro.) of the statutes is amended to read:
SB494-SSA2,220,11
1767.51 (5p) (intro.) A party ordered to pay child support under this section shall
2pay simple interest at the rate of 1.5% per month on any amount unpaid,
3commencing the first day of the 2nd month after the month in which the amount was
4due
in arrears that is equal to or greater than the amount of child support due in one
5month. If the party no longer has a current obligation to pay child support, interest
6at the rate of 1.5% per month shall accrue on the total amount of child support in
7arrears, if any
. Interest under this subsection is in lieu of interest computed under
8s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support
9collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk
10of court or support collection designee, whichever is appropriate, shall apply all
11payments received for child support as follows:
SB494-SSA2, s. 485 12Section 485. 767.51 (5p) (intro.) of the statutes, as affected by 1997 Wisconsin
13Acts 27
and .... (this act), is repealed and recreated to read:
SB494-SSA2,220,2214 767.51 (5p) (intro.)  A party ordered to pay child support under this section
15shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
16is equal to or greater than the amount of child support due in one month. If the party
17no longer has a current obligation to pay child support, interest at the rate of 1.5%
18per month shall accrue on the total amount of child support in arrears, if any.
19Interest under this subsection is in lieu of interest computed under s. 807.01 (4),
20814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29.
21Except as provided in s. 767.29 (1m), the department or its designee, whichever is
22appropriate, shall apply all payments received for child support as follows:
SB494-SSA2, s. 486 23Section 486. 767.51 (5p) (a) of the statutes is amended to read:
SB494-SSA2,221,424 767.51 (5p) (a) First, to payment of child support due within the calendar
25month during which the payment is withheld from income under s. 767.265 or under

1similar laws of another state. If payment is not made through income withholding,
2the clerk or support collection designee, whichever is appropriate, shall first apply
3child support payments received to payment of child support
due within the calendar
4month during which the payment is received.
SB494-SSA2, s. 487 5Section 487. 767.52 (2m) of the statutes, as affected by 1997 Wisconsin Act 35,
6is amended to read:
SB494-SSA2,221,117 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be
8provided only after the results of any genetic tests that were ordered by the court
9have been completed and only if all of the results fail to show that the alleged father
10is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m)
11that the alleged father is the father of the child.
SB494-SSA2, s. 488 12Section 488 . 767.62 of the statutes is repealed and recreated to read:
SB494-SSA2,221,17 13767.62 Voluntary acknowledgment of paternity. (1) Conclusive
14determination of paternity.
A statement acknowledging paternity that is on file
15with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person
16may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive
17determination, which shall be of the same effect as a judgment, of paternity.
SB494-SSA2,221,21 18(2) Rescission of acknowledgment. (a) A statement acknowledging paternity
19that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as
20provided in s. 69.15 (3m) by a person who signed the statement as a parent of the
21child who is the subject of the statement.
SB494-SSA2,222,222 (b) If a statement acknowledging paternity is timely rescinded as provided in
23s. 69.15 (3m), a court or family court commissioner may not enter an order specified
24in sub. (4) with respect to the man who signed the statement as the father of the child

1unless the man is adjudicated the child's father using the procedures set forth in ss.
2767.45 to 767.60.
SB494-SSA2,222,8 3(3) Actions when paternity acknowledged. (a) Unless the statement
4acknowledging paternity has been timely rescinded, an action affecting the family
5concerning custody, child support or physical placement rights may be brought with
6respect to persons who, with respect to a child, jointly signed and filed with the state
7registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging
8paternity.
SB494-SSA2,222,129 (b) Except as provided in s. 767.045, in an action specified in par. (a) the court
10or family court commissioner may appoint a guardian ad litem for the child and shall
11appoint a guardian ad litem for a party who is a minor, unless the minor party is
12represented by an attorney.
SB494-SSA2,223,3 13(4) Orders when paternity acknowledged. (a) In an action under sub. (3) (a),
14if the persons who signed and filed the statement acknowledging paternity as
15parents of the child had notice of the hearing, the court or family court commissioner
16may make an order that contains any provision directed against the appropriate
17party to the proceeding concerning the duty of support, the legal custody or
18guardianship of the child, periods of physical placement, the furnishing of bond or
19other security for the payment of amounts under the order or any other matter in the
20best interest of the child. Unless the court orders otherwise, if there is no
21presumption of paternity under s. 891.41 (1) the mother shall have sole legal custody
22of the child. The court or family court commissioner shall order either party or both
23to pay for the support of any child of the parties who is less than 18 years old, or any
24child of the parties who is less than 19 years old if the child is pursuing an accredited
25course of instruction leading to the acquisition of a high school diploma or its

1equivalent. The order may direct the father to pay or contribute to the reasonable
2expenses of the mother's pregnancy and confinement during pregnancy and may
3direct either party to pay or contribute to the costs of attorney fees or other costs.
SB494-SSA2,223,54 (b) 1. In this paragraph, "health insurance" does not include medical assistance
5provided under subch. IV of ch. 49.
SB494-SSA2,223,216 2. In addition to ordering child support for a child under par. (a), the court or
7family court commissioner shall specifically assign responsibility for and direct the
8manner of payment of the child's health care expenses. In assigning responsibility
9for a child's health care expenses, the court or family court commissioner shall
10consider whether a child is covered under a parent's health insurance policy or plan
11at the time the court enters an order under this paragraph, the availability of health
12insurance to each parent through an employer or other organization, the extent of
13coverage available to a child and the costs to the parent for the coverage of the child.
14A parent may be required to initiate or continue health care insurance coverage for
15a child under this subdivision. If a parent is required to do so, he or she shall provide
16copies of necessary program or policy identification to the other parent and is liable
17for any health care costs for which he or she receives direct payment from an insurer.
18This paragraph may not be construed to limit the authority of the court or family
19court commissioner to enter or modify support orders containing provisions for
20payment of medical expenses, medical costs, or insurance premiums that are in
21addition to and not inconsistent with this paragraph.
SB494-SSA2,224,1222 3. a. In directing the manner of payment of a child's health care expenses, the
23court or family court commissioner may order that payment, including payment for
24health insurance premiums, be withheld from income and sent to the appropriate
25health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the

1clerk of court or support collection designee, whichever is appropriate, for
2disbursement to the person for whom the payment has been awarded if that person
3is not a health care insurer, provider or plan. If the court or family court
4commissioner orders income withholding and assignment for the payment of health
5care expenses, the court or family court commissioner shall send notice of
6assignment in the manner provided under s. 767.265 (2r) and may include that notice
7of assignment with a notice of assignment under s. 767.265. The clerk of court shall
8keep a record of all moneys received and disbursed by the clerk for health care
9expenses that are directed to be paid to the clerk and the support collection designee
10shall keep a record of all moneys received and disbursed by the support collection
11designee for health care expenses that are directed to be paid to the support collection
12designee.
SB494-SSA2,224,2313 b. If the court or family court commissioner orders a parent to initiate or
14continue health insurance coverage for a child under a health insurance policy that
15is available to the parent through an employer or other organization but the court
16or family court commissioner does not specify the manner in which payment of the
17health insurance premiums shall be made, the clerk of court may provide notice of
18assignment in the manner provided under s. 767.265 (2r) for the withholding from
19income of the amount necessary to pay the health insurance premiums. That notice
20of assignment may be sent with or included as part of any other notice of assignment
21under s. 767.265, if appropriate. A person who receives the notice of assignment shall
22send the withheld health insurance premiums to the appropriate health care
23insurer, provider or plan, as provided in s. 767.265 (3h).
SB494-SSA2,225,324 4. If the court or family court commissioner orders a parent to provide coverage
25of the health care expenses of the parent's child and the parent is eligible for family

1coverage of health care expenses under a health benefit plan that is provided by an
2employer on an insured or on a self-insured basis, the employer shall do all of the
3following:
SB494-SSA2,225,64 a. Permit the parent to obtain family coverage of health care expenses for the
5child, if eligible for coverage, without regard to any enrollment period or waiting
6period restrictions that may apply.
SB494-SSA2,225,107 b. Provide family coverage of health care expenses for the child, if eligible for
8coverage, upon application by the parent, the child's other parent, the department
9or the county child support agency under s. 59.53 (5), or upon receiving a notice under
10subd. 6.
SB494-SSA2,225,1311 bm. Inform the county child support agency under s. 59.53 (5) when coverage
12of the child under the health benefit plan is in effect and, upon request, provide copies
13of necessary program or policy identification to the child's other parent.
SB494-SSA2,225,2014 c. After the child has coverage under the employer's health benefit plan, and
15as long as the parent is eligible for family coverage under the employer's health
16benefit plan, continue to provide coverage for the child unless the employer receives
17satisfactory written evidence that the order of the court or family court commissioner
18is no longer in effect or that the child has coverage of health care expenses under
19another health insurance policy or health benefit plan that provides comparable
20coverage of health care expenses.
SB494-SSA2,226,221 5. a. If a parent who has been ordered by a court or family court commissioner
22to provide coverage of the health care expenses of a child who is eligible for medical
23assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost
24of services provided to the child but does not pay the health care provider for the
25services or reimburse the department or any other person who paid for the services

1on behalf of the child, the department may obtain a judgment against the parent for
2the amount of the 3rd party payment.
SB494-SSA2,226,43 b. Section 767.265 (4) applies to a garnishment based on a judgment obtained
4under subd. 5. a.
SB494-SSA2,226,95 6. a. If a parent who provides coverage of the health care expenses of a child
6under an order under this paragraph changes employers and that parent has a
7court-ordered child support obligation with respect to the child, the county child
8support agency under s. 59.53 (5) shall provide notice of the order to provide coverage
9of the child's health care expenses to the new employer and to the parent.
SB494-SSA2,226,1910 b. The notice provided to the parent shall inform the parent that coverage for
11the child under the new employer's health benefit plan will be in effect upon the
12employer's receipt of the notice. The notice shall inform the parent that he or she
13may, within 10 business days after receiving the notice, by motion request a hearing
14before the court on the issue of whether the order to provide coverage of the child's
15health care expenses should remain in effect. A motion under this subd. 6. b. may
16be heard by a family court commissioner. If the parent requests a hearing and the
17court or family court commissioner determines that the order to provide coverage of
18the child's health care expenses should not remain in effect, the court shall provide
19notice to the employer that the order is no longer in effect.
SB494-SSA2,227,220 (c) 1. In making an order of legal custody under par. (a), the court shall order
21a parent who is not granted legal custody to provide to the court medical and medical
22history information that is known to the parent. The court shall send the information
23to the physician or other health care provider with primary responsibility for the
24treatment and care of the child, as designated by the parent who is granted legal
25custody of the child, and advise the physician or other health care provider of the

1identity of the child to whom the information relates. The information provided shall
2include all of the following:
SB494-SSA2,227,93 a. The known medical history of the parent providing the information,
4including specific information about stillbirths or congenital anomalies in the
5parent's family, and the medical histories, if known, of the parents and siblings of the
6parent and any sibling of the child who is a child of the parent, except that medical
7history information need not be provided for a sibling of the child if the parent or
8other person who is granted legal custody of the child also has legal custody,
9including joint legal custody, of that sibling.
SB494-SSA2,227,1110 b. A report of any medical examination that the parent providing the
11information had within one year before the date of the order.
SB494-SSA2,227,2312 2. The physician or other health care provider designated under subd. 1. shall
13keep the information separate from other records kept by the physician or other
14health care provider. The information shall be assigned an identification number
15and maintained under the name of the parent who provided the information to the
16court. The patient health care records of the child that are kept by the physician or
17other health care provider shall include a reference to that name and identification
18number. If the child's patient health care records are transferred to another
19physician or other health care provider or another health care facility, the records
20containing the information provided under subd. 1. shall be transferred with the
21child's patient health care records. Notwithstanding s. 146.819, the information
22provided under subd. 1. need not be maintained by a physician or other health care
23provider after the child reaches age 18.
SB494-SSA2,227,2524 3. Notwithstanding ss. 146.81 to 146.835, the information shall be kept
25confidential, except only as follows:
SB494-SSA2,228,5
1a. The physician or other health care provider with custody of the information,
2or any other record custodian at the request of the physician or other health care
3provider, shall have access to the information if, in the professional judgment of the
4physician or other health care provider, the information may be relevant to the child's
5medical condition.
SB494-SSA2,228,86 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.
SB494-SSA2,228,119 (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).
SB494-SSA2,228,1612 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).
SB494-SSA2,228,2217 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.
SB494-SSA2,229,223 (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:
SB494-SSA2,229,33 1. The needs of the child.
SB494-SSA2,229,54 2. The physical, mental and emotional health needs of the child, including any
5costs for health insurance as provided for under par. (b).
SB494-SSA2,229,96 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).
SB494-SSA2,229,1010 4. The relative financial means of the parents.
SB494-SSA2,229,1311 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.
SB494-SSA2,229,1414 6. The need and capacity of the child for education, including higher education.
SB494-SSA2,229,1515 7. The age of the child.
SB494-SSA2,229,1616 8. The financial resources and the earning ability of the child.
SB494-SSA2,229,1717 9. Any physical custody arrangement ordered or decided upon.
SB494-SSA2,229,1918 10. Extraordinary travel expenses incurred in exercising the right to periods
19of physical placement.
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