SB77-SSA1,1835,1210
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
11if eligible for coverage, upon application by the parent, the child's other parent, the
12department or the county
designee child support agency under s. 59.53 (5).
SB77-SSA1, s. 4976
13Section
4976. 767.25 (6) (intro.) of the statutes is amended to read:
SB77-SSA1,1835,2114
767.25
(6) (intro.) A party ordered to pay child support under this section shall
15pay simple interest at the rate of 1.5% per month on any amount unpaid,
16commencing the first day of the 2nd month after the month in which the amount was
17due. Interest under this subsection is in lieu of interest computed under s. 807.01
18(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 19department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
20clerk of court or support collection department or its designee, whichever is
21appropriate, shall apply all payments received for child support as follows:
SB77-SSA1,1836,323
767.25
(6) (a) First, to payment of child support due within the calendar month
24during which the payment is withheld from income under s. 767.265 or under similar
25laws of another state. If payment is not made through income withholding, the
clerk
1or support collection department or its designee, whichever is appropriate, shall first
2apply child support payments received to payment of child support due within the
3calendar month during which the payment is received.
SB77-SSA1,1836,14
5767.261 Family support. (intro.) The court may make a financial order
6designated "family support" as a substitute for child support orders under s. 767.25
7and maintenance payment orders under s. 767.26. A party ordered to pay family
8support under this section shall pay simple interest at the rate of 1.5% per month on
9any amount unpaid, commencing the first day of the 2nd month after the month in
10which the amount was due. Interest under this section is in lieu of interest computed
11under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support
12collection department or its designee under s. 767.29. Except as provided in s. 767.29
13(1m), the
clerk of court or support collection department or its designee, whichever
14is appropriate, shall apply all payments received for family support as follows:
SB77-SSA1,1836,2116
767.261
(1) First, to payment of family support due within the calendar month
17during which the payment is withheld from income under s. 767.265 or under similar
18laws of another state. If payment is not made through income withholding, the
clerk
19or support collection department or its designee, whichever is appropriate, shall first
20apply family support payments received to payment of family support due within the
21calendar month during which the payment is received.
SB77-SSA1,1837,523
767.262
(4) (b) The court may order payment of costs under this section by
a
24county the department or its designee, whichever is appropriate, in an action in
25which the court finds that the record of payments and arrearages kept by the
clerk
1of court under s. 59.40 (2) (h) or the support collection
department or its designee
2under s. 59.07 (97m) (b) 1. is substantially incorrect and that the
clerk of court or
3support collection department or its designee has failed to correct the record within
430 days after having received information that the court determines is sufficient for
5making the correction.
SB77-SSA1,1837,19
7767.263 Notice of change of employer; change of address; change in
8ability to pay. Each order for child support, family support or maintenance
9payments shall include an order that the payer and payee notify the
clerk of court
10or support collection designee, whichever is appropriate, county child support agency
11under s. 59.53 (5) of any change of address within 10 days of such change. Each order
12for child support, family support or maintenance payments shall also include an
13order that the payer notify the
clerk of court or support collection designee, county
14child support agency under s. 59.53 (5) within 10 days, of any change of employer and
15of any substantial change in the amount of his or her income such that his or her
16ability to pay child support, family support or maintenance is affected. The order
17shall also include a statement that clarifies that notification of any substantial
18change in the amount of the payer's income will not result in a change of the order
19unless a revision of the order is sought.
SB77-SSA1,1838,1121
767.265
(1) Each order for child support under this chapter, for maintenance
22payments under s. 767.23 or 767.26, for family support under this chapter, for costs
23ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for
24maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment
25or order with respect to child support, maintenance or family support payments
1under s. 767.32, each stipulation approved by the court or the family court
2commissioner for child support under this chapter and each order for child or spousal
3support entered under s. 948.22 (7) constitutes an assignment of all commissions,
4earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
5prizes that are payable in instalments and other money due or to be due in the future
6to the
clerk of court or support collection department or its designee
of the county
7where the action is filed. The assignment shall be for an amount sufficient to ensure
8payment under the order or stipulation and to pay any arrearages due at a periodic
9rate not to exceed 50% of the amount of support due under the order or stipulation
10so long as the addition of the amount toward arrearages does not leave the party at
11an income below the poverty line established under
42 USC 9902 (2).
SB77-SSA1,1838,2513
767.265
(2r) Upon entry of each order for child support, maintenance, family
14support or support by a spouse and upon approval of each stipulation for child
15support, unless the court finds that income withholding is likely to cause the payer
16irreparable harm or unless s. 767.267 applies, the court
, family court commissioner
17or county child support agency under s. 59.53 (5) shall provide notice of the
18assignment by regular mail to the last-known address of the person from whom the
19payer receives or will receive money. If the
clerk of court or support collection 20department or its designee, whichever is appropriate, does not receive the money
21from the person notified, the court
, family court commissioner or county child
22support agency under s. 59.53 (5) shall provide notice of the assignment to any other
23person from whom the payer receives or will receive money. Notice under this
24subsection may be a notice of the court, a copy of the executed assignment or a copy
25of that part of the court order directing payment.
SB77-SSA1,1839,152
767.265
(3h) A person who receives notice of assignment under this section or
3s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state
4shall withhold the amount specified in the notice from any money that person pays
5to the payer later than one week after receipt of notice of assignment. Within 5 days
6after the day the person pays money to the payer, the person shall send the amount
7withheld to the
clerk of court or support collection
department or its designee,
8whichever is appropriate,
of the jurisdiction providing notice or, in the case of an
9amount ordered withheld for health care expenses, to the appropriate health care
10insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to
11the
clerk of court or support collection department or its designee, the person from
12whom the payer receives money shall receive an amount equal to the person's
13necessary disbursements, not to exceed $3, which shall be deducted from the money
14to be paid to the payer. Section 241.09 does not apply to assignments under this
15section.
SB77-SSA1,1839,2517
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
18assignment the person from whom the payer receives money fails to withhold the
19money or send the money to the
clerk of court or support collection department or its 20designee or the appropriate health care insurer, provider or plan as provided in this
21section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be
22proceeded against under the principal action under ch. 785 for contempt of court or
23may be proceeded against under ch. 778 and be required to forfeit not less than $50
24nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
25amount not withheld or sent.
SB77-SSA1,1840,72
767.265
(6) (b) If an employer who receives an assignment under this section
3or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the
clerk of court
4or support collection department or its designee, whichever is appropriate, within 10
5days after an employe is terminated or otherwise temporarily or permanently leaves
6employment, the employer may be proceeded against under the principal action
7under ch. 785 for contempt of court.
SB77-SSA1,1840,139
767.265
(7) A person who receives more than one notice of assignment under
10sub. (3h) may send all money withheld to the
clerk of court or support collection 11department or its designee, whichever is appropriate, in a combined payment,
12accompanied by any information the
clerk of court or support collection department
13or its designee requires.
SB77-SSA1,1841,915
767.267
(1) If the court or the family court commissioner determines that
16income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
17ensure payment under an order or stipulation specified in s. 767.265 (1), or that
18income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
19ineffective or insufficient to ensure payment of a child's health care expenses,
20including payment of health insurance premiums, ordered under s. 767.25 (4m) or
21767.51 (3m), the court or family court commissioner may require the payer to identify
22or establish a deposit account, owned in whole or in part by the payer, that allows for
23periodic transfers of funds and to file with the financial institution at which the
24account is located an authorization for transfer from the account to the
clerk of court
25or support collection department or its designee, whichever is appropriate. The
1authorization shall be provided on a standard form approved by the court and shall
2specify the frequency and the amount of transfer, sufficient to meet the payer's
3obligation under the order or stipulation, as required by the court or family court
4commissioner. The authorization shall include the payer's consent for the financial
5institution or an officer, employe or agent of the financial institution to disclose
6information to the court, family court commissioner,
clerk of court or support
7collection county child support agency under s. 59.53 (5), department or
8department's designee regarding the account for which the payer has executed the
9authorization for transfer.
SB77-SSA1,1841,2111
767.267
(2) A financial institution that receives an authorization for transfer
12under sub. (1) shall transfer the amounts as specified in the authorization or shall
13transfer the amount available for transfer if at a time of transfer that amount is less
14than the amount specified in the authorization. The financial institution may
15accomplish the transfer by any lawful means, including payment by check, subject
16to the terms of the account. The financial institution may deduct from the payer's
17account for each transfer its usual fee for such fund transfers. If the account is closed
18or if no funds are available at a time of transfer, the financial institution shall notify
19the
clerk of court or support collection county child support agency under s. 59.53 (5)
20or the department or its designee, whichever is appropriate, within 10 days after the
21date on which the funds should have been transferred.
SB77-SSA1,1842,223
767.267
(5) A financial institution or an officer, employe or agent of a financial
24institution may disclose information to the court, family court commissioner,
clerk
25of court or support collection county child support agency under s. 59.53 (5),
1department or department's designee concerning an account for which a payer has
2executed an authorization for transfer under sub. (1).
SB77-SSA1,1842,174
767.27
(2m) In every action in which the court has ordered a party to pay child
5support under s. 767.25 or 767.51 or family support under s. 767.261 and the
6circumstances specified in s. 767.075 (1) apply, the court shall require the party who
7is ordered to pay the support to annually furnish the disclosure form required under
8this section and may require that party to annually furnish a copy of his or her most
9recently filed state and federal income tax returns to the
designee county child
10support agency under s. 59.53 (5) for the county in which the order was entered. In
11any action in which the court has ordered a party to pay child support under s. 767.25
12or 767.51 or family support under s. 767.261, the court may require the party who
13is ordered to pay the support to annually furnish the disclosure form required under
14this section and a copy of his or her most recently filed state and federal income tax
15returns to the party for whom the support has been awarded. A party who fails to
16furnish the information as required by the court under this subsection may be
17proceeded against for contempt of court under ch. 785.
SB77-SSA1,1842,2319
767.27
(4) Failure by either party timely to file a complete disclosure statement
20as required by this section shall authorize the court to accept as accurate any
21information provided in the statement of the other party or obtained under s. 49.22
22(2m) by the department or the county child
and spousal support agency
under s.
2359.53 (5).
SB77-SSA1, s. 5009
24Section
5009. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and
25amended to read:
SB77-SSA1,1843,8
1767.29
(1) (a) All orders or judgments providing for temporary or permanent
2maintenance, child support or family support payments shall direct the payment of
3all such sums to the
clerk of court, or support collection designee in a county that has
4designated a support collection designee under s. 59.07 (97m),
department or its
5designee for the use of the person for whom the same has been awarded. A party
6securing an order for temporary maintenance, child support or family support
7payments shall forthwith file the order, together with all pleadings in the action,
8with the clerk of court
or support collection designee.
SB77-SSA1,1843,19
9(c) Except as provided in sub. (1m), the
clerk or support collection department
10or its designee shall disburse the money
so received under the judgment or order
11within 15 days in the manner required by federal regulations and take receipts
12therefor, unless the
clerk or support collection
department or its designee is unable
13to disburse the moneys because they were paid by check or other draft drawn upon
14an account containing insufficient funds. All moneys received or disbursed under
15this section shall be entered in a record kept by the
clerk or support collection 16department or its designee, whichever is appropriate, which shall be open to
17inspection by the
department for the administration of the child and spousal support
18and establishment of paternity program under s. 49.22, the parties to the action
and, 19their attorneys
, and the family court commissioner.
SB77-SSA1,1844,8
20(e) If the maintenance, child support or family support payments adjudged or
21ordered to be paid
shall are not
be paid to the
clerk or support collection department
22or its designee at the time provided in the judgment or order, the
clerk or support
23collection designee county child support agency under s. 59.53 (5) or the family court
24commissioner of the county shall take such proceedings as he or she considers
25advisable to secure the payment of the sum including enforcement by contempt
1proceedings under ch. 785 or by other means. Copies of any order issued to compel
2the payment shall be mailed to counsel who represented each party when the
3maintenance, child support or family support payments were awarded. In case any
4fees of officers in any of the proceedings, including the compensation of the family
5court commissioner at the rate of $50 per day unless the commissioner is on a
6salaried basis, is not collected from the person proceeded against, the fees shall be
7paid out of the county treasury upon the order of the presiding judge and the
8certificate of the
clerk of court or support collection designee department.
SB77-SSA1,1844,1510
767.29
(1) (b) Upon request, after the filing of an order or judgment or the
11receipt of an interim disbursement order, the clerk of court shall advise the county
12child support agency under s. 59.53 (5) of the terms of the order or judgment within
132 business days after the filing or receipt. The county child support agency shall,
14within the time required by federal law, enter the terms of the order or judgment into
15the statewide support data system, as required by s. 59.53 (5) (b).
SB77-SSA1,1845,517
767.29
(1) (d) For receiving and disbursing maintenance, child support or
18family support payments, and for maintaining the records required under par. (c),
19the department or its designee shall collect an annual fee of $25 to be paid by each
20party ordered to make payments. The court or family court commissioner shall order
21each party ordered to make payments to pay the annual fee under this paragraph at
22the time of, and in addition to, the first payment to the department or its designee
23in each year for which payments are ordered. All fees collected under this paragraph
24shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time
25of ordering the payment of an annual fee under this paragraph, the court or family
1court commissioner shall notify each party ordered to make payments of the
2requirement to pay the annual fee and of the amount of the annual fee. If the annual
3fee under this section is not paid when due, the department or its designee may not
4deduct the annual fee from the maintenance or child or family support payment, but
5may do any of the following:
SB77-SSA1,1845,66
1. Move the court for a remedial sanction under ch. 785.
SB77-SSA1,1845,87
2. Apply to the court or family court commissioner for an assignment relating
8to the annual fee in accordance with s. 767.265.
SB77-SSA1,1845,1810
767.29
(1) (f) If the department determines that the statewide automated
11support and maintenance receipt and disbursement system will be operational
12before October 1, 1999, the department shall publish a notice in the Wisconsin
13Administrative Register that states the date on which the system will begin
14operating. Before that date or October 1, 1999, whichever is earlier, the circuit
15courts, county child support agencies under s. 59.53 (5), clerks of court and employers
16shall cooperate with the department in any measures taken to ensure an efficient
17and orderly transition from the countywide system of support receipt and
18disbursement to the statewide system.
SB77-SSA1, s. 5014
19Section
5014
. 767.29 (1m) (intro.) of the statutes is amended to read:
SB77-SSA1,1846,220
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261 and 767.51 (5p),
21if the
clerk of court or support collection department or its designee receives support
22or maintenance money that exceeds the amount due in the month in which it is
23received and that the
clerk or support collection
department or its designee
24determines is for support or maintenance due in a succeeding month, the
clerk or
25support collection department or its designee may hold the amount of overpayment
1that does not exceed the amount due in the next month for disbursement in the next
2month if any of the following applies:
SB77-SSA1,1846,54
767.29
(1m) (d) The
clerk or support collection department or its designee
5determines that the overpayment should be held until the month when it is due.
SB77-SSA1,1846,257
767.29
(2) If any party entitled to maintenance payments or support money,
8or both, is receiving public assistance under ch. 49, the party may assign the party's
9right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
10assistance. Such assignment shall be approved by order of the court granting the
11maintenance payments or support money, and may be terminated in like manner;
12except that it shall not be terminated in cases where there is any delinquency in the
13amount of maintenance payments and support money previously ordered or
14adjudged to be paid to the assignee without the written consent of the assignee or
15upon notice to the assignee and hearing. When an assignment of maintenance
16payments or support money, or both, has been approved by the order, the assignee
17shall be deemed a real party in interest within s. 803.01 but solely for the purpose
18of securing payment of unpaid maintenance payments or support money adjudged
19or ordered to be paid, by participating in proceedings to secure the payment thereof.
20Notwithstanding assignment under this subsection, and without further order of the
21court, the
clerk of court or support collection department or its designee, upon
22receiving notice that a party or a minor child of the parties is receiving
aid under s.
2349.19 public assistance under ch. 49, shall forward all support assigned under s.
2448.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the
department assignee under s.
2549.19 (4) (h) 1. or 49.45 (19).
SB77-SSA1,1847,242
767.293
(1) If an order for child support under this chapter or s. 948.22 (7), an
3order for family support under this chapter or a stipulation approved by the court or
4the family court commissioner for child support under this chapter requires a payer
5to pay child or family support in an amount that is expressed as a percentage of
6parental income, the payee, including the state or
its designee a county child support
7agency under s. 59.53 (5) if the state is a real party in interest under s. 767.075 (1),
8may establish an arrearage by filing an affidavit in the action in which the order for
9the payment of support was entered or the stipulation for support was approved. The
10affidavit shall state the amount of the arrearage and the facts supporting a
11reasonable basis on which the arrearage was determined and may state the payer's
12current income and the facts supporting a reasonable basis on which the payer's
13current income was determined. Not later than 60 days after filing the affidavit, the
14payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1)
15(a) or (b) or by sending the affidavit by registered or certified mail to the last-known
16address of the payer. After the payee files a proof of service on the payer, the court
17shall send a notice to the payer by regular, registered or certified mail to the payer's
18last-known address. The notice shall provide that, unless the payer requests a
19hearing to dispute the arrearage or the amount of the arrearage not later than 20
20days after the date of the notice, the court or family court commissioner may enter
21an order against the payer in the amount stated in the affidavit and may provide
22notice of assignment under s. 767.265. The notice shall include the mailing address
23to which the request for hearing must be mailed or delivered in order to schedule a
24hearing under sub. (2).
SB77-SSA1,1848,8
1767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
24., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
3(2), support or maintenance under s. 767.08, child support, family support or
4maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
5767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
6obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
7support under s. 948.22 (7), the court may provide that any payment be paid in the
8amounts and at the times that it considers expedient.
SB77-SSA1,1848,19
10767.305 Enforcement; contempt proceedings. In all cases where a party
11has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
12767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183
(2) (4), 938.355
13(2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as
14ordered by the court to satisfy such obligation, and where the wage assignment
15proceeding under s. 767.265 and the account transfer under s. 767.267 are
16inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
17on the application of the receiving party, issue an order requiring the payer to show
18cause at some reasonable time therein specified why he or she should not be punished
19for such misconduct as provided in ch. 785.
SB77-SSA1,1849,2121
767.32
(1) (a) After a judgment or order providing for child support under this
22chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b)
234., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26
24or family support payments under this chapter, or for the appointment of trustees
25under s. 767.31, the court may, from time to time, on the petition, motion or order to
1show cause of either of the parties, or upon the petition, motion or order to show cause
2of the department, a county department under s. 46.215, 46.22 or 46.23 or a
county 3child support
program designee agency under s. 59.53 (5) if an assignment has been
4made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if
5either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and
6upon notice to the family court commissioner, revise and alter such judgment or order
7respecting the amount of such maintenance or child support and the payment
8thereof, and also respecting the appropriation and payment of the principal and
9income of the property so held in trust, and may make any judgment or order
10respecting any of the matters that such court might have made in the original action,
11except that a judgment or order that waives maintenance payments for either party
12shall not thereafter be revised or altered in that respect nor shall the provisions of
13a judgment or order with respect to final division of property be subject to revision
14or modification. A revision, under this section, of a judgment or order with respect
15to an amount of child or family support may be made only upon a finding of a
16substantial change in circumstances. In any action under this section to revise a
17judgment or order with respect to maintenance payments, a substantial change in
18the cost of living by either party or as measured by the federal bureau of labor
19statistics may be sufficient to justify a revision of judgment or order with respect to
20the amount of maintenance, except that a change in an obligor's cost of living is not
21in itself sufficient if payments are expressed as a percentage of income.
SB77-SSA1,1850,423
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
24judgment or order as a percentage of parental income, a change in the payer's
25income, evidenced by information received
under s. 49.22 (2m) by the department
,
1or the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5) or by
2other information, from the payer's income determined by the court in its most recent
3judgment or order for child support, including a revision of a child support order
4under this section.
SB77-SSA1,1850,126
767.32
(1r) In an action under sub. (1) to revise a judgment or order with
7respect to child support or family support, the court may not grant credit to the payer
8against support due prior to the date on which the action is commenced for payments
9made by the payer on behalf of the child other than payments made to the clerk of
10court or support collection designee
under s. 59.53 (5m), 1995 stats., under s. 767.265
11or, 1995 stats., or s. 767.29
, 1995 stats., to the department or its designee under s.
12767.265 or 767.29 or as otherwise ordered by the court.
SB77-SSA1,1850,2114
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
15an adjustment in the amount to be paid based on a change in the obligor's income,
16as reported on the disclosure form under s. 767.27 (2m) or as disclosed
under s. 49.22
17(2m) to the department or county child
and spousal support agency under s.
49.22
18(2m) 59.53 (5). The order may specify the date on which the annual adjustment
19becomes effective. No adjustment may be made unless the order so provides and the
20party receiving payments applies for an adjustment as provided in sub. (2). An
21adjustment under this section may be made only once in any year.
SB77-SSA1,1851,1323
767.51
(3m) (c) 1. In directing the manner of payment of a child's health care
24expenses, the court may order that payment, including payment for health insurance
25premiums, be withheld from income and sent to the appropriate health care insurer,
1provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
2collection department or its designee, whichever is appropriate, for disbursement to
3the person for whom the payment has been awarded if that person is not a health care
4insurer, provider or plan. If the court orders income withholding and assignment for
5the payment of health care expenses, the court shall send notice of assignment in the
6manner provided under s. 767.265 (2r) and may include the notice of assignment
7under this subdivision with a notice of assignment under s. 767.265. The
clerk of
8court department or its designee, whichever is appropriate, shall keep a record of all
9moneys received and disbursed by the
clerk department or its designee for health
10care expenses that are directed to be paid to the
clerk and the support collection
11designee shall keep a record of all moneys received and disbursed by the support
12collection designee for health care expenses that are directed to be paid to the support
13collection department or its designee.
SB77-SSA1,1851,1715
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
16if eligible for coverage, upon application by the parent, the child's other parent, the
17department or the county
designee child support agency under s. 59.53 (5).
SB77-SSA1,1851,2219
767.51
(4g) In determining child support payments, the court may consider all
20relevant financial information or other information relevant to the parent's earning
21capacity, including information reported
under s. 49.22 (2m) to the department
, or
22the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
SB77-SSA1, s. 5081
23Section
5081. 767.51 (5p) (intro.) of the statutes is amended to read:
SB77-SSA1,1852,624
767.51
(5p) (intro.) A party ordered to pay child support under this section
25shall pay simple interest at the rate of 1.5% per month on any amount unpaid,
1commencing the first day of the 2nd month after the month in which the amount was
2due. Interest under this subsection is in lieu of interest computed under s. 807.01
3(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 4department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
5clerk of court or support collection department or its designee, whichever is
6appropriate, shall apply all payments received for child support as follows:
SB77-SSA1,1852,138
767.51
(5p) (a) First, to payment of child support due within the calendar
9month during which the payment is withheld from income under s. 767.265 or under
10similar laws of another state. If payment is not made through income withholding,
11the
clerk or support collection department or its designee, whichever is appropriate,
12shall first apply child support payments received to payment of child support due
13within the calendar month during which the payment is received.
SB77-SSA1,1852,2115
769.101
(7) "Initiating state" means a state
in from which a proceeding
is
16forwarded, or in which a proceeding is filed for forwarding, to a responding state 17under this chapter or a law
or procedure substantially similar to this chapter,
or
18under a law or procedure substantially similar to the
uniform reciprocal enforcement
19of support act or the revised uniform reciprocal enforcement of support act is filed for
20forwarding to a responding state Uniform Reciprocal Enforcement of Support Act or
21the Revised Uniform Reciprocal Enforcement of Support Act.
SB77-SSA1,1853,423
769.101
(16) "Responding state" means a state
to in which a proceeding is
filed
24or to which a proceeding is forwarded
for filing from an initiating state under this
25chapter or a law substantially similar to this chapter,
or under a law or procedure
1substantially similar to the
uniform reciprocal enforcement of support act or the
2revised uniform reciprocal enforcement of support act Uniform Reciprocal
3Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
4Support Act.
SB77-SSA1, s. 5093
5Section
5093. 769.101 (19) of the statutes is renumbered 769.101 (19) (intro.)
6and amended to read:
SB77-SSA1,1853,107
769.101
(19) (intro.) "State" means a state of the United States, the
district 8District of Columbia, the
commonwealth Commonwealth of Puerto Rico or any
9territory or insular possession subject to the jurisdiction of the United States. "State"
10includes
an all of the following:
SB77-SSA1,1853,11
11(a) An Indian tribe
and includes a.
SB77-SSA1,1853,16
12(b) A foreign jurisdiction that has
enacted a law or established procedures for
13issuance and enforcement of support orders that are substantially similar to the
14procedures under this chapter
or to the procedures under the Uniform Reciprocal
15Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
16Support Act.
SB77-SSA1,1853,18
18769.207 (title)
Recognition of controlling child support orders order.
SB77-SSA1, s. 5095
19Section
5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m)
20(intro.) and amended to read: