AB100: Bill Text

AB100,1833,11 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except to the department of industry, labor and job development, for the purpose of administering s. 49.22, and to the department of revenue, for the purpose of making certifications under s. 73.0301.

AB100,1833,16 (3) (a) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the department of industry, labor and job development certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100,1833,19 (b) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.

AB100,1833,22 (c) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2).

AB100, s. 4949 Section 4949. 757.69 (1) (n) of the statutes is created to read:

AB100,1833,25 757.69 (1) (n) Hold hearings, make findings and issue orders under s. 49.856 (4).

AB100, s. 4950 Section 4950. 758.19 (2) (a) of the statutes is renumbered 758.19 (2).

AB100, s. 4951 Section 4951. 758.19 (2) (b) of the statutes is repealed.

AB100, s. 4952 Section 4952. 758.19 (3) of the statutes is repealed.

AB100, s. 4953 Section 4953. 765.09 (2) of the statutes is amended to read:

AB100,1834,8 765.09 (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.

AB100, s. 4954 Section 4954. 765.09 (3) of the statutes is amended to read:

AB100,1835,2 765.09 (3) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such applications in the county and state where the party resides. The application shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services directs. The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, to a judge of a court of record in the county of application.

AB100, s. 4955 Section 4955. 765.13 of the statutes is amended to read:

AB100,1835,13 765.13 Form of marriage document. The marriage document shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. It shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued.

AB100, s. 4956 Section 4956. 765.20 (2) of the statutes is amended to read:

AB100,1836,3 765.20 (2) A county clerk may provide the name of a marriage license applicant and, from the portion of the marriage application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the marriage license applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. A county clerk shall provide information requested under s. 49.22 (2m). If a county clerk has not destroyed the portion of the marriage license application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the marriage license application form. If the county clerk destroys the marriage license application form, he or she shall also destroy the written request.

AB100, s. 4957 Section 4957. 767.001 (2) (b) of the statutes is amended to read:

AB100,1836,7 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

AB100, s. 4958 Section 4958. 767.001 (7) of the statutes is repealed.

AB100, s. 4959 Section 4959. 767.02 (1) (m) of the statutes is amended to read:

AB100,1836,12 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB100, s. 4960 Section 4960. 767.025 (3) of the statutes is repealed.

AB100, s. 4961 Section 4961. 767.025 (4) of the statutes is amended to read:

AB100,1836,23 767.025 (4) If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom that payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.

AB100, s. 4962 Section 4962. 767.045 (1) (c) (intro.) of the statutes is amended to read:

AB100,1837,6 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated or acknowledged for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

AB100, s. 4963 Section 4963. 767.077 (intro.) of the statutes is amended to read:

AB100,1837,12 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:

AB100, s. 4964 Section 4964. 767.078 (1) (a) 1. of the statutes is amended to read:

AB100,1837,16 767.078 (1) (a) 1. Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

AB100, s. 4965 Section 4965. 767.078 (2) of the statutes is amended to read:

AB100,1837,22 767.078 (2) Subsection (1) does not limit the authority of a court to issue an order, other than an order under sub. (1), regarding employment of a parent in an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

AB100, s. 4966 Section 4966. 767.08 (3) of the statutes is amended to read:

AB100,1838,8 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee agency under s. 59.53 (5) or the department is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB100, s. 4967 Section 4967. 767.085 (1) (b) of the statutes is amended to read:

AB100,1838,12 767.085 (1) (b) The name and, birthdate and social security number of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant.

AB100, s. 4968 Section 4968. 767.15 (1) of the statutes is amended to read:

AB100,1838,21 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support program designee agency under s. 59.53 (5) of the county in which the action is begun.

AB100, s. 4969 Section 4969. 767.25 (1g) of the statutes is amended to read:

AB100,1839,2 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5).

AB100, s. 4970 Section 4970. 767.25 (4) of the statutes is amended to read:

AB100,1839,7 767.25 (4) The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old and if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.

AB100, s. 4971 Section 4971. 767.25 (4m) (c) 1. of the statutes is amended to read:

AB100,1839,24 767.25 (4m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection department or its designee.

AB100, s. 4972 Section 4972. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB100,1840,3 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county designee child support agency under s. 59.53 (5).

AB100, s. 4973 Section 4973 . 767.25 (4m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1840,9 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1.

AB100, s. 4974 Section 4974 . 767.25 (4m) (d) 2m. of the statutes is created to read:

AB100,1840,14 767.25 (4m) (d) 2m. Notify the county child support agency under s. 59.53 (5) when coverage of the child under the health benefit plan is in effect and, upon request, provide copies of necessary program or policy identification to the child's other parent.

AB100, s. 4975 Section 4975. 767.25 (4m) (f) of the statutes is created to read:

AB100,1840,19 767.25 (4m) (f) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child changes employers, the county child support agency under s. 59.53 (5) shall provide notice of the order to the new employer and to the parent.

AB100,1841,4 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family court commissioner. If the parent requests a hearing and the court or family court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

AB100, s. 4976 Section 4976. 767.25 (6) (intro.) of the statutes is amended to read:

AB100,1841,13 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB100, s. 4977 Section 4977. 767.25 (6) (a) of the statutes is amended to read:

AB100,1841,20 767.25 (6) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB100, s. 4978 Section 4978. 767.253 of the statutes is amended to read:

AB100,1842,2 767.253 Seek-work orders. In an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a), the court may order either or both parents of the child to seek employment or participate in an employment or training program.

AB100, s. 4979 Section 4979. 767.254 (2) (intro.) of the statutes is amended to read:

AB100,1842,7 767.254 (2) (intro.) In an action for revision of a judgment or order providing for child support under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a), the court shall order an unemployed teenage parent to do one or more of the following:

AB100, s. 4980 Section 4980. 767.261 (intro.) of the statutes is amended to read:

AB100,1842,18 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB100, s. 4981 Section 4981. 767.261 (1) of the statutes is amended to read:

AB100,1842,25 767.261 (1) First, to payment of family support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply family support payments received to payment of family support due within the calendar month during which the payment is received.

AB100, s. 4982 Section 4982. 767.262 (4) (b) of the statutes is amended to read:

AB100,1843,9 767.262 (4) (b) The court may order payment of costs under this section by a county the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection department or its designee under s. 59.07 (97m) (b) 1. is substantially incorrect and that the clerk of court or support collection department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

AB100, s. 4983 Section 4983. 767.263 (title) of the statutes is amended to read:

AB100,1843,12 767.263 (title) Notice of change of employer ;, change of address; and change in ability to pay; other information.

AB100, s. 4984 Section 4984. 767.263 of the statutes is renumbered 767.263 (1).

AB100, s. 4985 Section 4985 . 767.263 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1844,2 767.263 (1) Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the clerk of court or support collection designee, whichever is appropriate, county child support agency under s. 59.53 (5) of any change of address within 10 days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the clerk of court or support collection designee, county child support agency under s. 59.53 (5) within 10 days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.

AB100, s. 4986 Section 4986. 767.263 (2) of the statutes is created to read:

AB100,1844,9 767.263 (2) When an order is entered under sub. (1), each party shall provide to the clerk of court or support collection designee his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the clerk of court or support collection designee of any change in the information provided under this subsection within 10 days after the change.

AB100, s. 4987 Section 4987 . 767.263 (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1844,18 767.263 (2) When an order is entered under sub. (1), each party shall provide to the clerk of court or support collection designee county child support agency under s. 59.53 (5) his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the clerk of court or support collection designee county child support agency under s. 59.53 (5) of any change in the information provided under this subsection within 10 days after the change.

AB100, s. 4988 Section 4988 . 767.265 (1) of the statutes is amended to read:

AB100,1845,10 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court or support collection designee of the county where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB100, s. 4989 Section 4989 . 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1846,3 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court or support collection department or its designee of the county where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB100, s. 4990 Section 4990. 767.265 (2h) of the statutes is amended to read:

AB100,1846,22 767.265 (2h) If a court-ordered assignment does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or family support payment within 10 days after its due date, within 20 days after the payment's due date the court or family court commissioner shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this section subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. If the payer does not request a hearing, the court or family court commissioner shall send notice of the assignment to the person from whom the payer receives or will receive money. Either party may, within 15 working days after the date of the a decision by a family court commissioner under this section subsection, seek review of the decision by the court with jurisdiction over the action.