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:
AB100-engrossed,2166,1413
767.29
(1m) (d) The
clerk or support collection department or its designee
14determines that the overpayment should be held until the month when it is due.
AB100-engrossed,2167,916
767.29
(2) If any party entitled to maintenance payments or support money,
17or both, is receiving public assistance under ch. 49, the party may assign the party's
18right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
19assistance. Such assignment shall be approved by order of the court granting the
20maintenance payments or support money, and may be terminated in like manner;
21except that it shall not be terminated in cases where there is any delinquency in the
22amount of maintenance payments and support money previously ordered or
23adjudged to be paid to the assignee without the written consent of the assignee or
24upon notice to the assignee and hearing. When an assignment of maintenance
25payments or support money, or both, has been approved by the order, the assignee
1shall be deemed a real party in interest within s. 803.01 but solely for the purpose
2of securing payment of unpaid maintenance payments or support money adjudged
3or ordered to be paid, by participating in proceedings to secure the payment thereof.
4Notwithstanding assignment under this subsection, and without further order of the
5court, the
clerk of court or support collection department or its designee, upon
6receiving notice that a party or a minor child of the parties is receiving
aid under s.
749.19 public assistance under ch. 49, shall forward all support assigned under s.
848.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the
department assignee under s.
949.19 (4) (h) 1. or 49.45 (19).
AB100-engrossed,2168,811
767.293
(1) If an order for child support under this chapter or s. 948.22 (7), an
12order for family support under this chapter or a stipulation approved by the court or
13the family court commissioner for child support under this chapter requires a payer
14to pay child or family support in an amount that is expressed as a percentage of
15parental income, the payee, including the state or
its designee a county child support
16agency under s. 59.53 (5) if the state is a real party in interest under s. 767.075 (1),
17may establish an arrearage by filing an affidavit in the action in which the order for
18the payment of support was entered or the stipulation for support was approved. The
19affidavit shall state the amount of the arrearage and the facts supporting a
20reasonable basis on which the arrearage was determined and may state the payer's
21current income and the facts supporting a reasonable basis on which the payer's
22current income was determined. Not later than 60 days after filing the affidavit, the
23payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1)
24(a) or (b) or by sending the affidavit by registered or certified mail to the last-known
25address of the payer. After the payee files a proof of service on the payer, the court
1shall send a notice to the payer by regular, registered or certified mail to the payer's
2last-known address. The notice shall provide that, unless the payer requests a
3hearing to dispute the arrearage or the amount of the arrearage not later than 20
4days after the date of the notice, the court or family court commissioner may enter
5an order against the payer in the amount stated in the affidavit and may provide
6notice of assignment under s. 767.265. The notice shall include the mailing address
7to which the request for hearing must be mailed or delivered in order to schedule a
8hearing under sub. (2).
AB100-engrossed,2168,1710
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
114., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
12(2), support or maintenance under s. 767.08, child support, family support or
13maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
14767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
15obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
16support under s. 948.22 (7), the court may provide that any payment be paid in the
17amounts and at the times that it considers expedient.
AB100-engrossed,2169,3
19767.305 Enforcement; contempt proceedings. In all cases where a party
20has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
21767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183
(2) (4), 938.355
22(2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as
23ordered by the court to satisfy such obligation, and where the wage assignment
24proceeding under s. 767.265 and the account transfer under s. 767.267 are
25inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
1on the application of the receiving party, issue an order requiring the payer to show
2cause at some reasonable time therein specified why he or she should not be punished
3for such misconduct as provided in ch. 785.
AB100-engrossed,2170,55
767.32
(1) (a) After a judgment or order providing for child support under this
6chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b)
74., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26
8or family support payments under this chapter, or for the appointment of trustees
9under s. 767.31, the court may, from time to time, on the petition, motion or order to
10show cause of either of the parties, or upon the petition, motion or order to show cause
11of the department, a county department under s. 46.215, 46.22 or 46.23 or a
county 12child support
program designee agency under s. 59.53 (5) if an assignment has been
13made under s. 46.261, 48.57 (3m) (b) 2.,
49.153 (3), 49.19 (4) (h) or 49.45 (19) or if
14either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and
15upon notice to the family court commissioner, revise and alter such judgment or order
16respecting the amount of such maintenance or child support and the payment
17thereof, and also respecting the appropriation and payment of the principal and
18income of the property so held in trust, and may make any judgment or order
19respecting any of the matters that such court might have made in the original action,
20except that a judgment or order that waives maintenance payments for either party
21shall not thereafter be revised or altered in that respect nor shall the provisions of
22a judgment or order with respect to final division of property be subject to revision
23or modification. A revision, under this section, of a judgment or order with respect
24to an amount of child or family support may be made only upon a finding of a
25substantial change in circumstances. In any action under this section to revise a
1judgment or order with respect to maintenance payments, a substantial change in
2the cost of living by either party or as measured by the federal bureau of labor
3statistics may be sufficient to justify a revision of judgment or order with respect to
4the amount of maintenance, except that a change in an obligor's cost of living is not
5in itself sufficient if payments are expressed as a percentage of income.
AB100-engrossed,2170,137
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
8judgment or order as a percentage of parental income, a change in the payer's
9income, evidenced by information received
under s. 49.22 (2m) by the department
, 10or the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5) or by
11other information, from the payer's income determined by the court in its most recent
12judgment or order for child support, including a revision of a child support order
13under this section.
AB100-engrossed,2170,2115
767.32
(1r) In an action under sub. (1) to revise a judgment or order with
16respect to child support or family support, the court may not grant credit to the payer
17against support due prior to the date on which the action is commenced for payments
18made by the payer on behalf of the child other than payments made to the clerk of
19court or support collection designee
under s. 59.53 (5m), 1995 stats., under s. 767.265
20or, 1995 stats., or s. 767.29
, 1995 stats., to the department or its designee under s.
21767.265 or 767.29 or as otherwise ordered by the court.
AB100-engrossed,2171,523
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
24an adjustment in the amount to be paid based on a change in the obligor's income,
25as reported on the disclosure form under s. 767.27 (2m) or as disclosed
under s. 49.22
1(2m) to the department or county child
and spousal support agency under s.
49.22
2(2m) 59.53 (5). The order may specify the date on which the annual adjustment
3becomes effective. No adjustment may be made unless the order so provides and the
4party receiving payments applies for an adjustment as provided in sub. (2). An
5adjustment under this section may be made only once in any year.
AB100-engrossed,2171,167
767.47
(6) (a) Whenever the state brings the action to determine paternity
8pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2.,
49.153 (3) (a), 49.19 (4)
9(h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159,
10the natural mother of the child may not be compelled to testify about the paternity
11of the child if it has been determined that the mother has good cause for refusing to
12cooperate in establishing paternity as provided in
42 USC 602 (a) (26) (B) and the
13federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
14pursuant to any rules promulgated by the department which define good cause in
15accordance with the federal regulations, as authorized by
42 USC 602 (a) (26) (B) in
16effect on July 1, 1981.
AB100-engrossed,2171,2218
767.47
(6) (b) Nothing in par. (a) prevents the state from bringing an action to
19determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2.,
49.153 (3)
20(a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
21or 49.159, where evidence other than the testimony of the mother may establish the
22paternity of the child.
AB100-engrossed,2172,1424
767.51
(3m) (c) 1. In directing the manner of payment of a child's health care
25expenses, the court may order that payment, including payment for health insurance
1premiums, be withheld from income and sent to the appropriate health care insurer,
2provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
3collection department or its designee, whichever is appropriate, for disbursement to
4the person for whom the payment has been awarded if that person is not a health care
5insurer, provider or plan. If the court orders income withholding and assignment for
6the payment of health care expenses, the court shall send notice of assignment in the
7manner provided under s. 767.265 (2r) and may include the notice of assignment
8under this subdivision with a notice of assignment under s. 767.265. The
clerk of
9court department or its designee, whichever is appropriate, shall keep a record of all
10moneys received and disbursed by the
clerk department or its designee for health
11care expenses that are directed to be paid to the
clerk and the support collection
12designee shall keep a record of all moneys received and disbursed by the support
13collection designee for health care expenses that are directed to be paid to the support
14collection department or its designee.
AB100-engrossed,2172,1816
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
17if eligible for coverage, upon application by the parent, the child's other parent, the
18department or the county
designee child support agency under s. 59.53 (5).
AB100-engrossed,2172,2320
767.51
(4g) In determining child support payments, the court may consider all
21relevant financial information or other information relevant to the parent's earning
22capacity, including information reported
under s. 49.22 (2m) to the department
, or
23the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
AB100-engrossed,2173,8
1767.51
(5p) (intro.) A party ordered to pay child support under this section
2shall pay simple interest at the rate of 1.5% per month on any amount unpaid,
3commencing the first day of the 2nd month after the month in which the amount was
4due. Interest under this subsection is in lieu of interest computed under s. 807.01
5(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 6department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
7clerk of court or support collection department or its designee, whichever is
8appropriate, shall apply all payments received for child support as follows:
AB100-engrossed,2173,1510
767.51
(5p) (a) First, to payment of child support due within the calendar
11month during which the payment is withheld from income under s. 767.265 or under
12similar laws of another state. If payment is not made through income withholding,
13the
clerk or support collection department or its designee, whichever is appropriate,
14shall first apply child support payments received to payment of child support due
15within the calendar month during which the payment is received.
AB100-engrossed,2173,2317
769.101
(7) "Initiating state" means a state
in from which a proceeding
is
18forwarded, or in which a proceeding is filed for forwarding, to a responding state 19under this chapter or a law
or procedure substantially similar to this chapter,
or
20under a law or procedure substantially similar to the
uniform reciprocal enforcement
21of support act or the revised uniform reciprocal enforcement of support act is filed for
22forwarding to a responding state Uniform Reciprocal Enforcement of Support Act or
23the Revised Uniform Reciprocal Enforcement of Support Act.
AB100-engrossed,2174,7
1769.101
(16) "Responding state" means a state
to in which a proceeding is
filed
2or to which a proceeding is forwarded
for filing from an initiating state under this
3chapter or a law substantially similar to this chapter,
or under a law or procedure
4substantially similar to the
uniform reciprocal enforcement of support act or the
5revised uniform reciprocal enforcement of support act Uniform Reciprocal
6Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
7Support Act.
AB100-engrossed, s. 5093
8Section
5093. 769.101 (19) of the statutes is renumbered 769.101 (19) (intro.)
9and amended to read:
AB100-engrossed,2174,1310
769.101
(19) (intro.) "State" means a state of the United States, the
district 11District of Columbia, the
commonwealth Commonwealth of Puerto Rico or any
12territory or insular possession subject to the jurisdiction of the United States. "State"
13includes
an all of the following:
AB100-engrossed,2174,14
14(a) An Indian tribe
and includes a.
AB100-engrossed,2174,19
15(b) A foreign jurisdiction that has
enacted a law or established procedures for
16issuance and enforcement of support orders that are substantially similar to the
17procedures under this chapter
or to the procedures under the Uniform Reciprocal
18Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
19Support Act.
AB100-engrossed,2174,21
21769.207 (title)
Recognition of controlling child support orders order.
AB100-engrossed, s. 5095
22Section
5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m)
23(intro.) and amended to read:
AB100-engrossed,2175,324
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and
one 2 25or more child support orders have been issued
in
by tribunals of this
state or another
1state with regard to
an the same obligor and
a child, a tribunal of this state shall
2apply the following rules in determining which
child support order to recognize for
3purposes of continuing, exclusive jurisdiction:
AB100-engrossed, s. 5097
5Section
5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a)
6and amended to read:
AB100-engrossed,2175,107
769.207
(1m) (a) If
2 or more tribunals have issued child support orders for the
8same obligor and child and only one of the tribunals would have continuing, exclusive
9jurisdiction under this chapter, the
child support order of that tribunal
is controlling
10and must be recognized.
AB100-engrossed, s. 5098
11Section
5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b)
12and amended to read:
AB100-engrossed,2175,1813
769.207
(1m) (b) If
2 or more tribunals have issued child support orders for the
14same obligor and child and more than one of the tribunals would have continuing,
15exclusive jurisdiction under this chapter,
an a child support order issued by a
16tribunal in the current home state of the child must be recognized, but if
an a child
17support order has not been issued in the current home state of the child, the
child
18support order most recently issued
is controlling and must be recognized.
AB100-engrossed, s. 5099
19Section
5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c)
20and amended to read:
AB100-engrossed,2175,2521
769.207
(1m) (c) If
2 or more tribunals have issued child support orders for the
22same obligor and child and none of the tribunals would have continuing, exclusive
23jurisdiction under this chapter, the tribunal of this state
may having jurisdiction over
24the parties must issue a child support order, which
is controlling and must be
25recognized.
AB100-engrossed,2176,42
769.207
(1c) If a proceeding is brought under this chapter and only one tribunal
3has issued a child support order, the child support order of that tribunal is controlling
4and must be recognized.
AB100-engrossed,2176,136
769.207
(1r) If 2 or more child support orders have been issued for the same
7obligor and child and if the obligor or the individual obligee resides in this state, a
8party may request a tribunal of this state to determine which child support order
9controls and must be recognized under sub. (1m). The request must be accompanied
10by a certified copy of every child support order issued for the obligor and child that
11is in effect. Every party whose rights may be affected by a determination of which
12child support order controls must be given notice of the request for that
13determination.
AB100-engrossed,2176,1715
769.207
(2) The tribunal that
has issued
an the order
that is controlling and
16must be recognized under sub.
(1) (1c), (1m) or (1r) is the tribunal
having that has 17continuing, exclusive jurisdiction
in accordance with s. 769.205.
AB100-engrossed,2176,2219
769.207
(3) A tribunal of this state that determines by order which child
20support order is controlling under sub. (1m) (a) or (b), or that issues a new child
21support order that is controlling under sub. (1m) (c), shall include in that order the
22basis upon which the tribunal made its determination.
AB100-engrossed,2177,524
769.207
(4) Within 30 days after the issuance of an order determining which
25child support order is controlling, the party that obtained the order shall file a
1certified copy of the order with each tribunal that had issued or registered an earlier
2child support order. Failure of the party obtaining the order to file a certified copy
3of the order as required by this subsection subjects the party to appropriate sanctions
4by a tribunal in which the issue of failure to file arises, but that failure has no effect
5on the validity or enforceability of the controlling child support order.
AB100-engrossed,2177,138
769.304
(2) If a responding state has not enacted this chapter or a law or
9procedure substantially similar to this chapter, a tribunal of this state may issue a
10certificate or other documents and make findings required by the law of the
11responding state. If the responding state is a foreign jurisdiction, the tribunal may
12specify the amount of support sought and provide other documents necessary to
13satisfy the requirements of the responding state.
AB100-engrossed,2177,2015
769.305
(1) Whenever a responding tribunal of this state receives a petition or
16comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it
17shall cause the petition or pleading to be filed and notify the petitioner
by 1st class
18mail, or if the petition was filed by a support enforcement agency, notify the support
19enforcement agency by any federally approved transmittal system, where and when
20it was filed.
AB100-engrossed,2177,2422
769.305
(5) If a responding tribunal of this state issues an order under this
23chapter, the tribunal shall send a copy of the order
by 1st class mail to the petitioner
24and the respondent and to the initiating tribunal, if any.
AB100-engrossed,2178,6
1769.306 Inappropriate tribunal. If a petition or comparable pleading is
2received by an inappropriate tribunal of this state, it shall forward the pleading and
3accompanying documents to an appropriate tribunal in this state or another state
4and notify the petitioner
by 1st class mail, or if the petition was filed by a support
5enforcement agency, notify the support enforcement agency by any federally
6approved transmittal system, where and when the pleading was sent.
AB100-engrossed,2178,108
769.307
(2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal
9holidays, after receipt of a written notice from an initiating, responding or
10registering tribunal, send a copy of the notice
by 1st class mail to the petitioner.