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.
AB100-engrossed,2178,1512
769.307
(2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal
13holidays, after receipt of a written communication from the respondent or the
14respondent's attorney, send a copy of the communication
by 1st class mail to the
15petitioner.
AB100-engrossed,2178,22
17769.319 Receipt and disbursement of payments. A support enforcement
18agency
or,its designee or a tribunal of this state shall disburse promptly any amounts
19received under a support order, as directed by the order. The agency
or, its designee
20or the tribunal shall furnish to a requesting party or tribunal of another state a
21certified statement by the custodian of the record of the amounts and dates of all
22payments received.
AB100-engrossed, s. 5113
23Section
5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the
24statutes is amended to read:
AB100-engrossed,2179,4
2DIRECT ENFORCEMENT OF ORDER
3
OF ANOTHER STATE
4
WITHOUT REGISTRATION
AB100-engrossed, s. 5114
5Section
5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and
6amended to read:
AB100-engrossed,2179,11
7769.501 (title)
Recognition
Employer's receipt of income-withholding
8order of another state. An income-withholding order issued in another state may
9be sent
by 1st class mail to the obligor's employer without first filing a petition or
10comparable pleading or registering the
income-withholding order with a tribunal of
11this state.
Upon receipt of the order, the employer shall do all of the following:
AB100-engrossed, s. 5118
15Section
5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and
16amended to read:
AB100-engrossed,2179,2017
769.506
(1) An obligor may contest the validity or enforcement of an
18income-withholding order issued in another state
and received directly by an
19employer in this state in the same manner as if the order had been issued by a
20tribunal of this state. Section 769.604 applies to the contest.
AB100-engrossed,2179,21
21(2) The obligor shall give notice of the contest to
any all of the following:
AB100-engrossed,2179,23
22(a) A support enforcement agency providing services to the obligee
and to either
23of the following:.
AB100-engrossed, s. 5119
24Section
5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and
25amended to read:
AB100-engrossed,2180,2
1769.506
(2) (c)
The Except as provided in par. (d), the person or agency
2designated to receive payments in the income-withholding order.
AB100-engrossed, s. 5120
3Section
5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and
4amended to read:
AB100-engrossed,2180,65
769.506
(2) (d) If no person or agency is designated
to receive payments in the
6income-withholding order, the obligee.
AB100-engrossed,2180,10
8769.502 Employer's compliance with income-withholding order of
9another state. (1) Upon receipt of an income-withholding order under s. 769.501,
10the obligor's employer shall immediately provide a copy of the order to the obligor.
AB100-engrossed,2180,13
11(2) The employer shall treat an income-withholding order issued in another
12state that appears to be regular on its face as if it had been issued by a tribunal of
13this state.
AB100-engrossed,2180,16
14(3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold
15and distribute the funds as directed in the income-withholding order by complying
16with the terms of the order, as applicable, that specify any of the following:
AB100-engrossed,2180,1817
(a) The duration and amount of periodic payments of current child support,
18stated as a sum certain.
AB100-engrossed,2180,2019
(b) The person or agency designated to receive payments and the address to
20which the payments are to be forwarded.
AB100-engrossed,2180,2321
(c) Medical support, whether in the form of periodic cash payments, stated as
22a sum certain, or the provision of health insurance coverage for the child under a
23policy available through the obligor's employment.