AB100-engrossed,2149,1716
753.06
(8) (e) Oconto county. The circuit has one branch.
Commencing August
171, 1998, the circuit has 2 branches.
AB100-engrossed,2149,2519
755.09
(1) Every judge shall keep his or her office and hold court
only in the
20municipal hall of the town, village or city in which elected or if no room is available
21in the municipal hall, in any adequate facility provided by the governing body
may
22authorize him or her to temporarily keep office and hold court elsewhere in the
23municipality of the city, village or town, other than at a place prohibited under sub.
24(2). The judge may issue process or perform ministerial functions at any place in the
25county.
AB100-engrossed,2150,13
2755.19 Municipal court commissioners.
(1) Appointment. First class cities
3may create the office of municipal court commissioner. The municipal court
4commissioner shall be an attorney licensed to practice in this state and shall
5complete annual educational credits consistent with supreme court requirements for
6municipal judges. The common council shall establish the number of positions and
7set the term, the additional qualifications and the compensation for the office. The
8presiding judge of the municipal court shall be the appointing authority and may
9terminate the employment of a municipal court commissioner at will and without
10cause. The municipal court commissioner shall be supervised by the judge whose
11cases the commissioner is hearing. Each municipal court commissioner shall take
12and file the official oath in the office of the clerk of the municipal court of the 1st class
13city for which appointed before performing any duty of the office.
AB100-engrossed,2150,15
14(2) Powers and duties. Under the supervision of a municipal judge, a
15municipal court commissioner may do all of the following:
AB100-engrossed,2150,2016
(a) Under ss. 800.04 and 800.095 (4) and (5), conduct initial appearances and
17receive noncontested forfeiture pleas, order the revocation or suspension of driving
18privileges and impose forfeitures, impose community service and restitution
19according to the schedule adopted by the municipal court where appointed, and issue
20dispositional and sanction orders pursuant to ch. 938.
AB100-engrossed,2150,2121
(b) Issue warrants for those who do not appear as scheduled or as summoned.
AB100-engrossed,2150,2222
(c) Conduct hearings on warrant returns.
AB100-engrossed,2150,2323
(d) Schedule indigency hearings.
AB100-engrossed,2150,2424
(e) Make a finding on the indigency of defendants.
AB100-engrossed,2150,2525
(f) Enforce alternative judgments for failure to comply with court orders.
AB100-engrossed,2151,1
1(g) Conduct court proceedings and exercise any power authorized by statute.
AB100-engrossed,2151,9
2(3) New hearings and appeals of municipal court commissioner rulings. A
3motion for a new hearing or appeal of a contested ruling by a municipal court
4commissioner shall be filed with the municipal court no later than the 20th day after
5the commissioner makes the ruling. The motion shall be heard by the supervising
6municipal judge under the procedure consistent with the procedure adopted by the
7judicial district on motions to reopen judgments before the municipal court. Nothing
8in this subsection shall be construed as altering the time periods for filing a notice
9of appeal from a final judgment or filing a motion of relief from judgment.
AB100-engrossed,2151,21
11757.23 Court commissioner, when disqualified. A
municipal court
12commissioner, a court commissioner, or any judge acting as a court commissioner,
13shall not act or take part in the decision of, or make any order in any matter or
14proceeding in which he or she is a party, or in which his or her rights would be in any
15manner affected by his or her decision or order thereon, or in which he or she is
16interested, or in which his or her law partner, or any person connected with him or
17her as employer, employe or clerk, or in the law business in any manner, shall be
18interested or appear as a party, agent, attorney or counsel. Any
municipal court
19commissioner, court commissioner or judge, acting as a court commissioner, violating
20this section shall forfeit $25 for each violation, and shall also be subject to removal
21from office.
AB100-engrossed,2152,1623
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
24for his or her services such as is customarily charged by attorneys in this state for
25comparable services. If the court orders a county to pay the compensation of the
1guardian ad litem, the amount ordered may not exceed the compensation paid to
2private attorneys under s. 977.08 (4m) (b).
When a court appoints a guardian ad
3litem for a person with a developmental disability, the court shall require the
4guardian ad litem, as a condition of accepting the appointment, to submit a written
5detailed statement of the services he or she plans to provide for the developmentally
6disabled person. In addition, as a condition of receipt of compensation from a county,
7a guardian ad litem shall provide an accounting of the services he or she did provide
8to the developmentally disabled person on a form that the circuit court develops and
9provides to the guardian ad litem. The guardian ad litem shall submit a copy of that
10accounting to the guardian of the person with a developmental disability, and if the
11guardian and the guardian ad litem have a dispute regarding that accounting, the
12court may consider the comments of both the guardian and the guardian ad litem
13before issuing an order regarding the compensation to be paid to the guardian ad
14litem. If the attorney of record is also the guardian ad litem, the attorney shall be
15entitled only to attorney fees and shall receive no compensation for services as
16guardian ad litem.
AB100-engrossed,2152,2119
767.001
(2) (b) With respect to
the department of health and family services
20or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
21legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
AB100-engrossed,2153,3
1767.02
(1) (m) To enforce or revise an order for support entered under s. 48.355
2(2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2)
(4), 938.355 (2) (b) 4., 938.357 (5m) or
3938.363 (2).
AB100-engrossed,2153,146
767.025
(4) If a petition, motion or order to show cause for enforcement or
7modification of a child support, family support or maintenance order is filed and
8heard
, regardless of whether it is filed and heard in a county other than the county
9in which the original judgment or order was rendered, any judgment or order
10enforcing or modifying the original judgment or order shall specify
the clerk of circuit
11court or support collection designee to whom that payments of support or
12maintenance
are payable and the clerk of circuit court or support collection designee
13to whom, and payments of arrearages in support or maintenance, if any, are payable
14to the department or its designee, whichever is appropriate.
AB100-engrossed,2153,21
16767.077 Support for dependent child. (intro.) The state or its delegate
17under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
18(1) (f) or, if appropriate, for paternity determination and child support under s.
19767.45 whenever the child's right to support is assigned to the state under s. 46.261,
2048.57 (3m) (b) 2.
or, 49.145 (2) (s), 49.19 (4) (h) 1. b.
or 49.775 (2) (bm) if all of the
21following apply:
AB100-engrossed,2154,723
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
24spouse or dependent child for support and maintenance and the spouse, person with
25legal custody or nonlegally responsible relative fails or refuses to institute an
1appropriate court action under this chapter to provide for the same, the person in
2charge of county welfare activities, the county child support
program designee 3agency under s. 59.53 (5) or the department is a real party in interest under s.
4767.075 and shall initiate an action under this section, for the purpose of obtaining
5support and maintenance. Any attorney employed by the state or any subdivision
6thereof may initiate an action under this section. The title of the action shall be "In
7re the support or maintenance of A.B. (Child)".
AB100-engrossed,2154,169
767.15
(1) In any action affecting the family in which either party is a recipient
10of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party
11shall, either within 20 days after making service on the opposite party of any motion
12or pleading requesting the court or family court commissioner to order, or to modify
13a previous order, relating to child support, maintenance or family support, or before
14filing the motion or pleading in court, serve a copy of the motion or pleading upon the
15county child support
program designee
agency under s. 59.53 (5) of the county in
16which the action is begun.
AB100-engrossed,2154,2118
767.25
(1g) In determining child support payments, the court may consider all
19relevant financial information or other information relevant to the parent's earning
20capacity, including information reported
under s. 49.22 (2m) to the department
, or
21the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
AB100-engrossed,2155,1323
767.25
(4m) (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.
AB100-engrossed,2155,1715
767.25
(4m) (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).
AB100-engrossed,2156,219
767.25
(6) (intro.) A party ordered to pay child support under this section shall
20pay simple interest at the rate of 1.5% per month on any amount unpaid,
21commencing the first day of the 2nd month after the month in which the amount was
22due. Interest under this subsection is in lieu of interest computed under s. 807.01
23(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 24department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
1clerk of court or support collection department or its designee, whichever is
2appropriate, shall apply all payments received for child support as follows:
AB100-engrossed,2156,94
767.25
(6) (a) First, to payment of child support due within the calendar month
5during which the payment is withheld from income under s. 767.265 or under similar
6laws of another state. If payment is not made through income withholding, the
clerk
7or support collection department or its designee, whichever is appropriate, shall first
8apply child support payments received to payment of child support due within the
9calendar month during which the payment is received.
AB100-engrossed,2156,20
11767.261 Family support. (intro.) The court may make a financial order
12designated "family support" as a substitute for child support orders under s. 767.25
13and maintenance payment orders under s. 767.26. A party ordered to pay family
14support under this section shall pay simple interest at the rate of 1.5% per month on
15any amount unpaid, commencing the first day of the 2nd month after the month in
16which the amount was due. Interest under this section is in lieu of interest computed
17under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support
18collection department or its designee under s. 767.29. Except as provided in s. 767.29
19(1m), the
clerk of court or support collection department or its designee, whichever
20is appropriate, shall apply all payments received for family support as follows:
AB100-engrossed,2157,222
767.261
(1) First, to payment of family support due within the calendar month
23during which the payment is withheld from income under s. 767.265 or under similar
24laws of another state. If payment is not made through income withholding, the
clerk
25or support collection department or its designee, whichever is appropriate, shall first
1apply family support payments received to payment of family support due within the
2calendar month during which the payment is received.
AB100-engrossed,2157,114
767.262
(4) (b) The court may order payment of costs under this section by
a
5county the department or its designee, whichever is appropriate, in an action in
6which the court finds that the record of payments and arrearages kept by the
clerk
7of court under s. 59.40 (2) (h) or the support collection department or its designee
8under s. 59.07 (97m) (b) 1. is substantially incorrect and that the
clerk of court or
9support collection department or its designee has failed to correct the record within
1030 days after having received information that the court determines is sufficient for
11making the correction.
AB100-engrossed,2157,25
13767.263 Notice of change of employer; change of address; change in
14ability to pay. Each order for child support, family support or maintenance
15payments shall include an order that the payer and payee notify the
clerk of court
16or support collection designee, whichever is appropriate, county child support agency
17under s. 59.53 (5) of any change of address within 10 days of such change. Each order
18for child support, family support or maintenance payments shall also include an
19order that the payer notify the
clerk of court or support collection designee, county
20child support agency under s. 59.53 (5) within 10 days, of any change of employer and
21of any substantial change in the amount of his or her income such that his or her
22ability to pay child support, family support or maintenance is affected. The order
23shall also include a statement that clarifies that notification of any substantial
24change in the amount of the payer's income will not result in a change of the order
25unless a revision of the order is sought.
AB100-engrossed,2158,172
767.265
(1) Each order for child support under this chapter, for maintenance
3payments under s. 767.23 or 767.26, for family support under this chapter, for costs
4ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for
5maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment
6or order with respect to child support, maintenance or family support payments
7under s. 767.32, each stipulation approved by the court or the family court
8commissioner for child support under this chapter and each order for child or spousal
9support entered under s. 948.22 (7) constitutes an assignment of all commissions,
10earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
11prizes that are payable in instalments and other money due or to be due in the future
12to the
clerk of court or support collection department or its designee
of the county
13where the action is filed. The assignment shall be for an amount sufficient to ensure
14payment under the order or stipulation and to pay any arrearages due at a periodic
15rate not to exceed 50% of the amount of support due under the order or stipulation
16so long as the addition of the amount toward arrearages does not leave the party at
17an income below the poverty line established under
42 USC 9902 (2).
AB100-engrossed,2159,619
767.265
(2r) Upon entry of each order for child support, maintenance, family
20support or support by a spouse and upon approval of each stipulation for child
21support, unless the court finds that income withholding is likely to cause the payer
22irreparable harm or unless s. 767.267 applies, the court
, family court commissioner
23or county child support agency under s. 59.53 (5) shall provide notice of the
24assignment by regular mail to the last-known address of the person from whom the
25payer receives or will receive money. If the
clerk of court or support collection
1department or its designee, whichever is appropriate, does not receive the money
2from the person notified, the court
, family court commissioner or county child
3support agency under s. 59.53 (5) shall provide notice of the assignment to any other
4person from whom the payer receives or will receive money. Notice under this
5subsection may be a notice of the court, a copy of the executed assignment or a copy
6of that part of the court order directing payment.
AB100-engrossed,2159,218
767.265
(3h) A person who receives notice of assignment under this section or
9s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state
10shall withhold the amount specified in the notice from any money that person pays
11to the payer later than one week after receipt of notice of assignment. Within 5 days
12after the day the person pays money to the payer, the person shall send the amount
13withheld to the
clerk of court or support collection
department or its designee,
14whichever is appropriate,
of the jurisdiction providing notice or, in the case of an
15amount ordered withheld for health care expenses, to the appropriate health care
16insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to
17the
clerk of court or support collection department or its designee, the person from
18whom the payer receives money shall receive an amount equal to the person's
19necessary disbursements, not to exceed $3, which shall be deducted from the money
20to be paid to the payer. Section 241.09 does not apply to assignments under this
21section.
AB100-engrossed,2160,623
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
24assignment the person from whom the payer receives money fails to withhold the
25money or send the money to the
clerk of court or support collection department or its
1designee or the appropriate health care insurer, provider or plan as provided in this
2section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be
3proceeded against under the principal action under ch. 785 for contempt of court or
4may be proceeded against under ch. 778 and be required to forfeit not less than $50
5nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
6amount not withheld or sent.
AB100-engrossed,2160,138
767.265
(6) (b) If an employer who receives an assignment under this section
9or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the
clerk of court
10or support collection department or its designee, whichever is appropriate, within 10
11days after an employe is terminated or otherwise temporarily or permanently leaves
12employment, the employer may be proceeded against under the principal action
13under ch. 785 for contempt of court.
AB100-engrossed,2160,1915
767.265
(7) A person who receives more than one notice of assignment under
16sub. (3h) may send all money withheld to the
clerk of court or support collection 17department or its designee, whichever is appropriate, in a combined payment,
18accompanied by any information the
clerk of court or support collection department
19or its designee requires.
AB100-engrossed,2161,1521
767.267
(1) If the court or the family court commissioner determines that
22income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
23ensure payment under an order or stipulation specified in s. 767.265 (1), or that
24income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
25ineffective or insufficient to ensure payment of a child's health care expenses,
1including payment of health insurance premiums, ordered under s. 767.25 (4m) or
2767.51 (3m), the court or family court commissioner may require the payer to identify
3or establish a deposit account, owned in whole or in part by the payer, that allows for
4periodic transfers of funds and to file with the financial institution at which the
5account is located an authorization for transfer from the account to the
clerk of court
6or support collection department or its designee, whichever is appropriate. The
7authorization shall be provided on a standard form approved by the court and shall
8specify the frequency and the amount of transfer, sufficient to meet the payer's
9obligation under the order or stipulation, as required by the court or family court
10commissioner. The authorization shall include the payer's consent for the financial
11institution or an officer, employe or agent of the financial institution to disclose
12information to the court, family court commissioner,
clerk of court or support
13collection county child support agency under s. 59.53 (5), department or
14department's designee regarding the account for which the payer has executed the
15authorization for transfer.
AB100-engrossed,2162,217
767.267
(2) A financial institution that receives an authorization for transfer
18under sub. (1) shall transfer the amounts as specified in the authorization or shall
19transfer the amount available for transfer if at a time of transfer that amount is less
20than the amount specified in the authorization. The financial institution may
21accomplish the transfer by any lawful means, including payment by check, subject
22to the terms of the account. The financial institution may deduct from the payer's
23account for each transfer its usual fee for such fund transfers. If the account is closed
24or if no funds are available at a time of transfer, the financial institution shall notify
25the
clerk of court or support collection county child support agency under s. 59.53 (5)
1or the department or its designee, whichever is appropriate, within 10 days after the
2date on which the funds should have been transferred.
AB100-engrossed,2162,84
767.267
(5) A financial institution or an officer, employe or agent of a financial
5institution may disclose information to the court, family court commissioner,
clerk
6of court or support collection county child support agency under s. 59.53 (5),
7department or department's designee concerning an account for which a payer has
8executed an authorization for transfer under sub. (1).
AB100-engrossed,2162,2310
767.27
(2m) In every action in which the court has ordered a party to pay child
11support under s. 767.25 or 767.51 or family support under s. 767.261 and the
12circumstances specified in s. 767.075 (1) apply, the court shall require the party who
13is ordered to pay the support to annually furnish the disclosure form required under
14this section and may require that party to annually furnish a copy of his or her most
15recently filed state and federal income tax returns to the
designee county child
16support agency under s. 59.53 (5) for the county in which the order was entered. In
17any action in which the court has ordered a party to pay child support under s. 767.25
18or 767.51 or family support under s. 767.261, the court may require the party who
19is ordered to pay the support to annually furnish the disclosure form required under
20this section and a copy of his or her most recently filed state and federal income tax
21returns to the party for whom the support has been awarded. A party who fails to
22furnish the information as required by the court under this subsection may be
23proceeded against for contempt of court under ch. 785.
AB100-engrossed,2163,5
1767.27
(4) Failure by either party timely to file a complete disclosure statement
2as required by this section shall authorize the court to accept as accurate any
3information provided in the statement of the other party or obtained under s. 49.22
4(2m) by the department or the county child
and spousal support agency
under s.
559.53 (5).
AB100-engrossed,2163,158
767.29
(1) (a) All orders or judgments providing for temporary or permanent
9maintenance, child support or family support payments shall direct the payment of
10all such sums to the
clerk of court, or support collection designee in a county that has
11designated a support collection designee under s. 59.07 (97m),
department or its
12designee for the use of the person for whom the same has been awarded. A party
13securing an order for temporary maintenance, child support or family support
14payments shall forthwith file the order, together with all pleadings in the action,
15with the clerk of court
or support collection designee.
AB100-engrossed,2164,2
16(c) Except as provided in sub. (1m), the
clerk or support collection department
17or its designee shall disburse the money
so received under the judgment or order
18within 15 days in the manner required by federal regulations and take receipts
19therefor, unless the
clerk or support collection
department or its designee is unable
20to disburse the moneys because they were paid by check or other draft drawn upon
21an account containing insufficient funds. All moneys received or disbursed under
22this section shall be entered in a record kept by the
clerk or support collection 23department or its designee, whichever is appropriate, which shall be open to
24inspection by the
department for the administration of the child and spousal support
1and establishment of paternity program under s. 49.22, the parties to the action
and, 2their attorneys
, and the family court commissioner.
AB100-engrossed,2164,16
3(e) If the maintenance, child support or family support payments adjudged or
4ordered to be paid
shall are not
be paid to the
clerk or support collection department
5or its designee at the time provided in the judgment or order, the
clerk or support
6collection designee county child support agency under s. 59.53 (5) or the family court
7commissioner of the county shall take such proceedings as he or she considers
8advisable to secure the payment of the sum including enforcement by contempt
9proceedings under ch. 785 or by other means. Copies of any order issued to compel
10the payment shall be mailed to counsel who represented each party when the
11maintenance, child support or family support payments were awarded. In case any
12fees of officers in any of the proceedings, including the compensation of the family
13court commissioner at the rate of $50 per day unless the commissioner is on a
14salaried basis, is not collected from the person proceeded against, the fees shall be
15paid out of the county treasury upon the order of the presiding judge and the
16certificate of the
clerk of court or support collection designee department.
AB100-engrossed,2164,2318
767.29
(1) (b) Upon request, after the filing of an order or judgment or the
19receipt of an interim disbursement order, the clerk of court shall advise the county
20child support agency under s. 59.53 (5) of the terms of the order or judgment within
212 business days after the filing or receipt. The county child support agency shall,
22within the time required by federal law, enter the terms of the order or judgment into
23the statewide support data system, as required by s. 59.53 (5) (b).
AB100-engrossed,2165,14
1767.29
(1) (d) For receiving and disbursing maintenance, child support or
2family support payments, and for maintaining the records required under par. (c),
3the department or its designee shall collect an annual fee of $25 to be paid by each
4party ordered to make payments. The court or family court commissioner shall order
5each party ordered to make payments to pay the annual fee under this paragraph at
6the time of, and in addition to, the first payment to the department or its designee
7in each year for which payments are ordered. All fees collected under this paragraph
8shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time
9of ordering the payment of an annual fee under this paragraph, the court or family
10court commissioner shall notify each party ordered to make payments of the
11requirement to pay the annual fee and of the amount of the annual fee. If the annual
12fee under this section is not paid when due, the department or its designee may not
13deduct the annual fee from the maintenance or child or family support payment, but
14may do any of the following:
AB100-engrossed,2165,1515
1. Move the court for a remedial sanction under ch. 785.
AB100-engrossed,2165,1716
2. Apply to the court or family court commissioner for an assignment relating
17to the annual fee in accordance with s. 767.265.
AB100-engrossed,2166,219
767.29
(1) (f) If the department determines that the statewide automated
20support and maintenance receipt and disbursement system will be operational
21before October 1, 1999, the department shall publish a notice in the Wisconsin
22Administrative Register that states the date on which the system will begin
23operating. Before that date or October 1, 1999, whichever is earlier, the circuit
24courts, county child support agencies under s. 59.53 (5), clerks of court and employers
25shall cooperate with the department in any measures taken to ensure an efficient
1and orderly transition from the countywide system of support receipt and
2disbursement to the statewide system.
AB100-engrossed,2166,114
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261 and 767.51 (5p),
5if the
clerk of court or support collection department or its designee receives support
6or maintenance money that exceeds the amount due in the month in which it is
7received and that the
clerk or support collection
department or its designee
8determines is for support or maintenance due in a succeeding month, the
clerk or
9support collection department or its designee may hold the amount of overpayment
10that does not exceed the amount due in the next month for disbursement in the next
11month if any of the following applies: