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 (this act), is repealed and recreated to read: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SB494-SSA2, s. 488 12Section 488 . 767.62 of the statutes is repealed and recreated to read: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.
SB494-SSA2,229,2020 11. The responsibility of the parents for the support of others.
SB494-SSA2,229,2121 12. The value of services contributed by the custodial parent.
SB494-SSA2,229,2222 13. The best interests of the child.
SB494-SSA2,229,2423 14. Any other factors that the court or family court commissioner in each case
24determines are relevant to the best interests of the child.
SB494-SSA2,230,7
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.
SB494-SSA2,230,178 (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. If the party no longer
11has a current obligation to pay child support, interest at the rate of 1.5% per month
12shall accrue on the total amount of child support in arrears, if any. Interest under
13this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05
14(8) and is paid to the clerk of court or support collection designee under s. 767.29.
15Except as provided in s. 767.29 (1m), the clerk of court or support collection designee,
16whichever is appropriate, shall apply all payments received for child support as
17follows:
SB494-SSA2,230,1918 1. First, to payment of child support due within the calendar month during
19which the payment is received.
SB494-SSA2,230,2120 2. Second, to payment of unpaid child support due before the payment is
21received.
SB494-SSA2,230,2222 3. Third, to payment of interest accruing on unpaid child support.
SB494-SSA2,231,2 23(5) Voiding determination. (a) A determination of paternity that arises under
24this section may be voided at any time upon a motion or petition stating facts that
25show fraud, duress or a mistake of fact. Except for good cause shown, any orders

1entered under sub. (4) shall remain in effect during the pendency of a proceeding
2under this paragraph.
SB494-SSA2,231,83 (b) If a court in a proceeding under par. (a) determines that the man is not the
4father of the child, the court shall vacate any order entered under sub. (4) with
5respect to the man. The court shall notify the state registrar, in the manner provided
6in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
7birth certificate. No paternity action may thereafter be brought against the man
8with respect to the child.
SB494-SSA2,231,10 9(6) Applicability. (a) This section does not apply unless all of the following
10apply to the statement acknowledging paternity:
SB494-SSA2,231,1211 1. The statement is made on a form prescribed by the state registrar for use
12beginning on April 1, 1998.
SB494-SSA2,231,1313 2. The statement was signed and filed on or after April 1, 1998.
SB494-SSA2,231,1714 3. The statement contains an attestation clause showing that both parties,
15before signing the statement, received oral and written notice of the legal
16consequences of, the rights and responsibilities arising from and the alternatives to,
17signing the statement.
SB494-SSA2,231,2118 (b) Parties who signed and filed a statement acknowledging paternity before
19April 1, 1998, may sign and file a new statement that fulfills the requirements under
20par. (a). Such a statement supersedes any statement previously filed with the state
21registrar and has the effects specified in this section.
SB494-SSA2,231,2422 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
23beginning with forms for the acknowledgment of paternity that are prescribed by the
24state registrar on April 1, 1998.
SB494-SSA2, s. 489
1Section 489 . 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is repealed and recreated to read:
SB494-SSA2,232,163 767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care
4expenses, the court or family court commissioner may order that payment, including
5payment for health insurance premiums, be withheld from income and sent to the
6appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or
7sent to the department or its designee, whichever is appropriate, for disbursement
8to the person for whom the payment has been awarded if that person is not a health
9care insurer, provider or plan. If the court or family court commissioner orders
10income withholding and assignment for the payment of health care expenses, the
11court or family court commissioner shall send notice of assignment in the manner
12provided under s. 767.265 (2r) and may include that notice of assignment with a
13notice of assignment under s. 767.265. The department or its designee, whichever
14is appropriate, shall keep a record of all moneys received and disbursed by the
15department or its designee for health care expenses that are directed to be paid to
16the department or its designee.
SB494-SSA2, s. 490 17Section 490 . 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
18Wisconsin Act .... (this act), is repealed and recreated to read:
SB494-SSA2,233,219 767.62 (4) (g) (intro.) A party ordered to pay child support under this subsection
20shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
21is equal to or greater than the amount of child support due in one month. If the party
22no longer has a current obligation to pay child support, interest at the rate of 1.5%
23per month shall accrue on the total amount of child support in arrears, if any.
24Interest under this paragraph is in lieu of interest computed under s. 807.01 (4),
25814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29.

1Except as provided in s. 767.29 (1m), the department or its designee, whichever is
2appropriate, shall apply all payments received for child support as follows:
SB494-SSA2, s. 491 3Section 491. 802.12 (3) (d) 1. of the statutes is amended to read:
SB494-SSA2,233,54 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
5767.51 (3) or 767.62 (4) (a)
.
SB494-SSA2, s. 492 6Section 492. 802.12 (3) (d) 3. of the statutes is amended to read:
SB494-SSA2,233,87 802.12 (3) (d) 3. Child support under s. 767.25 or s., 767.458 (3), 767.51 or
8767.62 (4) (a)
.
SB494-SSA2, s. 493 9Section 493. 808.075 (4) (d) 9. of the statutes is amended to read:
SB494-SSA2,233,1110 808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62
11(4)
.
SB494-SSA2, s. 494 12Section 494. 808.075 (4) (d) 10. of the statutes is amended to read:
SB494-SSA2,233,1413 808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62
14(4)
.
SB494-SSA2, s. 495 15Section 495. 808.075 (4) (d) 11. of the statutes is amended to read:
SB494-SSA2,233,1716 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25
17(4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.
SB494-SSA2, s. 496 18Section 496. 852.05 (2) of the statutes is amended to read:
SB494-SSA2,233,2419 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
.
SB494-SSA2, s. 497 25Section 497. 885.01 (5) of the statutes is created to read:
SB494-SSA2,234,3
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.
SB494-SSA2, s. 498 4Section 498. 891.39 (1) (a) of the statutes is amended to read:
SB494-SSA2,234,175 891.39 (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).
SB494-SSA2, s. 499 18Section 499. 891.405 of the statutes is amended to read:
SB494-SSA2,234,22 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).
SB494-SSA2, s. 500 23Section 500. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1)
24(b), as renumbered, is amended to read:
SB494-SSA2,235,5
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).
SB494-SSA2, s. 501 6Section 501. 891.41 (2) of the statutes is created to read:
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