AB100, s. 4982
1Section
4982. 767.262 (4) (b) of the statutes is amended to read:
AB100,1843,92
767.262
(4) (b) The court may order payment of costs under this section by
a
3county the department or its designee, whichever is appropriate, in an action in
4which the court finds that the record of payments and arrearages kept by the
clerk
5of court under s. 59.40 (2) (h) or the support collection department or its designee
6under s. 59.07 (97m) (b) 1. is substantially incorrect and that the
clerk of court or
7support collection department or its designee has failed to correct the record within
830 days after having received information that the court determines is sufficient for
9making the correction.
AB100, s. 4983
10Section
4983. 767.263 (title) of the statutes is amended to read:
AB100,1843,12
11767.263 (title)
Notice of change of employer
;, change of address;
and
12change in ability to pay; other information.
AB100, s. 4984
13Section
4984. 767.263 of the statutes is renumbered 767.263 (1).
AB100, s. 4985
14Section
4985
. 767.263 (1) of the statutes, as affected by 1997 Wisconsin Act
15.... (this act), is amended to read:
AB100,1844,216
767.263
(1) Each order for child support, family support or maintenance
17payments shall include an order that the payer and payee notify the
clerk of court
18or support collection designee, whichever is appropriate, county child support agency
19under s. 59.53 (5) of any change of address within 10 days of such change. Each order
20for child support, family support or maintenance payments shall also include an
21order that the payer notify the
clerk of court or support collection designee, county
22child support agency under s. 59.53 (5) within 10 days, of any change of employer and
23of any substantial change in the amount of his or her income such that his or her
24ability to pay child support, family support or maintenance is affected. The order
25shall also include a statement that clarifies that notification of any substantial
1change in the amount of the payer's income will not result in a change of the order
2unless a revision of the order is sought.
AB100, s. 4986
3Section
4986. 767.263 (2) of the statutes is created to read:
AB100,1844,94
767.263
(2) When an order is entered under sub. (1), each party shall provide
5to the clerk of court or support collection designee his or her social security number,
6residential and mailing addresses, telephone number, operator's license number and
7the name, address and telephone number of his or her employer. A party shall advise
8the clerk of court or support collection designee of any change in the information
9provided under this subsection within 10 days after the change.
AB100, s. 4987
10Section
4987
. 767.263 (2) of the statutes, as created by 1997 Wisconsin Act ....
11(this act), is amended to read:
AB100,1844,1812
767.263
(2) When an order is entered under sub. (1), each party shall provide
13to the
clerk of court or support collection designee
county child support agency under
14s. 59.53 (5) his or her social security number, residential and mailing addresses,
15telephone number, operator's license number and the name, address and telephone
16number of his or her employer. A party shall advise the
clerk of court or support
17collection designee county child support agency under s. 59.53 (5) of any change in
18the information provided under this subsection within 10 days after the change.
AB100, s. 4988
19Section
4988
. 767.265 (1) of the statutes is amended to read:
AB100,1845,1020
767.265
(1) Each order for child support under this chapter, for maintenance
21payments under s. 767.23 or 767.26, for family support under this chapter, for costs
22ordered under s. 767.51 (3)
or 767.62 (4) (a), for support by a spouse under s. 767.02
23(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
24in a judgment or order with respect to child support, maintenance or family support
25payments under s. 767.32, each stipulation approved by the court or the family court
1commissioner for child support under this chapter and each order for child or spousal
2support entered under s. 948.22 (7) constitutes an assignment of all commissions,
3earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
4prizes that are payable in instalments and other money due or to be due in the future
5to the clerk of court or support collection designee of the county where the action is
6filed. The assignment shall be for an amount sufficient to ensure payment under the
7order or stipulation and to pay any arrearages due at a periodic rate not to exceed
850% of the amount of support due under the order or stipulation so long as the
9addition of the amount toward arrearages does not leave the party at an income
10below the poverty line established under
42 USC 9902 (2).
AB100, s. 4989
11Section
4989
. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act
12.... (this act), is amended to read:
AB100,1846,313
767.265
(1) Each order for child support under this chapter, for maintenance
14payments under s. 767.23 or 767.26, for family support under this chapter, for costs
15ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02
16(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
17in a judgment or order with respect to child support, maintenance or family support
18payments under s. 767.32, each stipulation approved by the court or the family court
19commissioner for child support under this chapter and each order for child or spousal
20support entered under s. 948.22 (7) constitutes an assignment of all commissions,
21earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
22prizes that are payable in instalments and other money due or to be due in the future
23to the
clerk of court or support collection department or its designee
of the county
24where the action is filed. The assignment shall be for an amount sufficient to ensure
25payment under the order or stipulation and to pay any arrearages due at a periodic
1rate not to exceed 50% of the amount of support due under the order or stipulation
2so long as the addition of the amount toward arrearages does not leave the party at
3an income below the poverty line established under
42 USC 9902 (2).
AB100, s. 4990
4Section
4990. 767.265 (2h) of the statutes is amended to read:
AB100,1846,225
767.265
(2h) If a court-ordered assignment does not require immediately
6effective withholding and a payer fails to make a required maintenance, child
7support, spousal support or family support payment within 10 days after its due
8date, within 20 days after the payment's due date the court or family court
9commissioner shall cause the assignment to go into effect
by providing notice of the
10assignment in the manner provided under sub. (2r) and shall send a notice by regular
11mail to the last-known address of the payer. The notice
sent to the payer shall inform
12the payer that an assignment is in effect and that the payer may, within a 10-day
13period, by motion request a hearing on the issue of whether the assignment should
14remain in effect. The court or family court commissioner shall hold a hearing
15requested under this
section subsection within 10 working days after the date of the
16request. If at the hearing the payer establishes that the assignment is not proper
17because of a mistake of fact, the court or family court commissioner may direct that
18the assignment be withdrawn.
If the payer does not request a hearing, the court or
19family court commissioner shall send notice of the assignment to the person from
20whom the payer receives or will receive money. Either party may, within 15 working
21days after the date of
the a decision by a family court commissioner under this
section 22subsection, seek review of the decision by the court with jurisdiction over the action.
AB100, s. 4991
23Section
4991. 767.265 (2r) of the statutes is amended to read:
AB100,1847,1224
767.265
(2r) Upon entry of each order for child support, maintenance, family
25support or support by a spouse and upon approval of each stipulation for child
1support, unless the court finds that income withholding is likely to cause the payer
2irreparable harm or unless s. 767.267 applies, the court shall provide notice of the
3assignment by regular mail
or by facsimile machine, as defined in s. 134.72 (1) (a),
4or other electronic means to the last-known address of the person from whom the
5payer receives or will receive money.
The notice shall provide that the amount
6withheld may not exceed the maximum amount that is subject to garnishment under
715 USC 1673 (b) (2). If the clerk of court or support collection designee, whichever
8is appropriate, does not receive the money from the person notified, the court shall
9provide notice of the assignment to any other person from whom the payer receives
10or will receive money. Notice under this subsection may be a notice of the court, a
11copy of the executed assignment or a copy of that part of the court order directing
12payment.
AB100, s. 4992
13Section
4992
. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is amended to read:
AB100,1848,515
767.265
(2r) Upon entry of each order for child support, maintenance, family
16support or support by a spouse and upon approval of each stipulation for child
17support, unless the court finds that income withholding is likely to cause the payer
18irreparable harm or unless s. 767.267 applies, the court
, family court commissioner
19or county child support agency under s. 59.53 (5) shall provide notice of the
20assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a),
21or other electronic means to the last-known address of the person from whom the
22payer receives or will receive money. The notice shall provide that the amount
23withheld may not exceed the maximum amount that is subject to garnishment under
2415 USC 1673 (b) (2). If the
clerk of court or support collection department or its 25designee, whichever is appropriate, does not receive the money from the person
1notified, the court
, family court commissioner or county child support agency under
2s. 59.53 (5) shall provide notice of the assignment to any other person from whom the
3payer receives or will receive money. Notice under this subsection may be a notice
4of the court, a copy of the executed assignment or a copy of that part of the court order
5directing payment.
AB100, s. 4993
6Section
4993
. 767.265 (3h) of the statutes is amended to read:
AB100,1848,197
767.265
(3h) A person who receives notice of assignment under this section or
8s. 767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. or similar laws
9of another state shall withhold the amount specified in the notice from any money
10that person pays to the payer later than one week after receipt of notice of
11assignment. Within 5 days after the day the person pays money to the payer, the
12person shall send the amount withheld to the clerk of court or support collection
13designee, whichever is appropriate, of the jurisdiction providing notice or, in the case
14of an amount ordered withheld for health care expenses, to the appropriate health
15care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent
16to the clerk of court or support collection designee, the person from whom the payer
17receives money shall receive an amount equal to the person's necessary
18disbursements, not to exceed $3, which shall be deducted from the money to be paid
19to the payer. Section 241.09 does not apply to assignments under this section.
AB100, s. 4994
20Section
4994
. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act
21.... (this act), is amended to read:
AB100,1849,1022
767.265
(3h) A person who receives notice of assignment under this section or
23s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws
24of another state shall withhold the amount specified in the notice from any money
25that person pays to the payer later than one week after receipt of notice of
1assignment. Within 5 days after the day the person pays money to the payer, the
2person shall send the amount withheld to the
clerk of court or support collection 3department or its designee, whichever is appropriate,
of the jurisdiction providing
4notice or, in the case of an amount ordered withheld for health care expenses, to the
5appropriate health care insurer, provider or plan. Except as provided in sub. (3m),
6for each payment sent to the
clerk of court or support collection department or its 7designee, the person from whom the payer receives money shall receive an amount
8equal to the person's necessary disbursements, not to exceed $3, which shall be
9deducted from the money to be paid to the payer. Section 241.09 does not apply to
10assignments under this section.
AB100, s. 4995
11Section
4995. 767.265 (3m) of the statutes is amended to read:
AB100,1849,1812
767.265
(3m) Benefits under ch. 108 may be assigned and withheld only in the
13manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108
shall
14be for an amount certain may be for a percentage of benefits payable or for a fixed
15sum, or for a combination of both in the alternative by requiring the withholding of
16the greater or lesser of either a percentage of benefits payable or a fixed sum. When
17money is to be withheld from these benefits, no fee may be deducted from the amount
18withheld and no fine may be levied for failure to withhold the money.
AB100, s. 4996
19Section
4996. 767.265 (4) of the statutes is amended to read:
AB100,1849,2220
767.265
(4) A withholding assignment or order under this section or s. 767.23
21(1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. has priority over any other
22assignment, garnishment or similar legal process under state law.
AB100, s. 4997
23Section
4997
. 767.265 (6) (a) of the statutes is amended to read:
AB100,1850,724
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
25assignment the person from whom the payer receives money fails to withhold the
1money or send the money to the clerk of court or support collection designee or the
2appropriate health care insurer, provider or plan as provided in this section or s.
3767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3., the person may
4be proceeded against under the principal action under ch. 785 for contempt of court
5or may be proceeded against under ch. 778 and be required to forfeit not less than
6$50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
7amount not withheld or sent.
AB100, s. 4998
8Section
4998
. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Act
9.... (this act), is amended to read:
AB100,1850,1810
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
11assignment the person from whom the payer receives money fails to withhold the
12money or send the money to the
clerk of court or support collection department or its 13designee or the appropriate health care insurer, provider or plan as provided in this
14section or s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the
15person may be proceeded against under the principal action under ch. 785 for
16contempt of court or may be proceeded against under ch. 778 and be required to
17forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that
18is equal to 1% of the amount not withheld or sent.
AB100, s. 4999
19Section
4999
. 767.265 (6) (b) of the statutes is amended to read:
AB100,1850,2520
767.265
(6) (b) If an employer who receives an assignment under this section
21or s. 767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. fails to notify
22the clerk of court or support collection designee, whichever is appropriate, within 10
23days after an employe is terminated or otherwise temporarily or permanently leaves
24employment, the employer may be proceeded against under the principal action
25under ch. 785 for contempt of court.
AB100, s. 5000
1Section
5000
. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is amended to read:
AB100,1851,83
767.265
(6) (b) If an employer who receives an assignment under this section
4or s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify
5the
clerk of court or support collection department or its designee, whichever is
6appropriate, within 10 days after an employe is terminated or otherwise temporarily
7or permanently leaves employment, the employer may be proceeded against under
8the principal action under ch. 785 for contempt of court.
AB100, s. 5001
9Section
5001. 767.265 (6) (c) of the statutes is amended to read:
AB100,1851,1810
767.265
(6) (c) No employer may use an assignment under this section or s.
11767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. as a basis for the
12denial of employment to a person, the discharge of an employe or any disciplinary
13action against an employe. An employer who denies employment or discharges or
14disciplines an employe in violation of this paragraph may be fined not more than
15$500 and may be required to make full restitution to the aggrieved person, including
16reinstatement and back pay. Except as provided in this paragraph, restitution shall
17be in accordance with s. 973.20. An aggrieved person may apply to the district
18attorney or to the department for enforcement of this paragraph.
AB100, s. 5002
19Section
5002. 767.265 (7) of the statutes is amended to read:
AB100,1851,2420
767.265
(7) A person who receives more than one notice of assignment under
21sub. (3h) may send all money withheld to the
clerk of court or support collection 22department or its designee, whichever is appropriate, in a combined payment,
23accompanied by any information the
clerk of court or support collection department
24or its designee requires.
AB100, s. 5003
25Section
5003. 767.267 (1) of the statutes is amended to read:
AB100,1852,20
1767.267
(1) If the court or the family court commissioner determines that
2income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
3ensure payment under an order or stipulation specified in s. 767.265 (1), or that
4income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
5ineffective or insufficient to ensure payment of a child's health care expenses,
6including payment of health insurance premiums, ordered under s. 767.25 (4m) or
7767.51 (3m), the court or family court commissioner may require the payer to identify
8or establish a deposit account, owned in whole or in part by the payer, that allows for
9periodic transfers of funds and to file with the financial institution at which the
10account is located an authorization for transfer from the account to the
clerk of court
11or support collection department or its designee, whichever is appropriate. The
12authorization shall be provided on a standard form approved by the court and shall
13specify the frequency and the amount of transfer, sufficient to meet the payer's
14obligation under the order or stipulation, as required by the court or family court
15commissioner. The authorization shall include the payer's consent for the financial
16institution or an officer, employe or agent of the financial institution to disclose
17information to the court, family court commissioner,
clerk of court or support
18collection county child support agency under s. 59.53 (5), department or
19department's designee regarding the account for which the payer has executed the
20authorization for transfer.
AB100, s. 5004
21Section
5004. 767.267 (2) of the statutes is amended to read:
AB100,1853,722
767.267
(2) A financial institution that receives an authorization for transfer
23under sub. (1) shall transfer the amounts as specified in the authorization or shall
24transfer the amount available for transfer if at a time of transfer that amount is less
25than the amount specified in the authorization. The financial institution may
1accomplish the transfer by any lawful means, including payment by check, subject
2to the terms of the account. The financial institution may deduct from the payer's
3account for each transfer its usual fee for such fund transfers. If the account is closed
4or if no funds are available at a time of transfer, the financial institution shall notify
5the
clerk of court or support collection county child support agency under s. 59.53 (5)
6or the department or its designee, whichever is appropriate, within 10 days after the
7date on which the funds should have been transferred.
AB100, s. 5005
8Section
5005. 767.267 (5) of the statutes is amended to read:
AB100,1853,139
767.267
(5) A financial institution or an officer, employe or agent of a financial
10institution may disclose information to the court, family court commissioner,
clerk
11of court or support collection county child support agency under s. 59.53 (5),
12department or department's designee concerning an account for which a payer has
13executed an authorization for transfer under sub. (1).
AB100, s. 5006
14Section
5006. 767.27 (2m) of the statutes is amended to read:
AB100,1854,315
767.27
(2m) In every action in which the court has ordered a party to pay child
16support under s. 767.25 or 767.51 or family support under s. 767.261 and the
17circumstances specified in s. 767.075 (1) apply, the court shall require the party who
18is ordered to pay the support to annually furnish the disclosure form required under
19this section and may require that party to annually furnish a copy of his or her most
20recently filed state and federal income tax returns to the
designee county child
21support agency under s. 59.53 (5) for the county in which the order was entered. In
22any action in which the court has ordered a party to pay child support under s. 767.25
23or 767.51 or family support under s. 767.261, the court may require the party who
24is ordered to pay the support to annually furnish the disclosure form required under
25this section and a copy of his or her most recently filed state and federal income tax
1returns to the party for whom the support has been awarded. A party who fails to
2furnish the information as required by the court under this subsection may be
3proceeded against for contempt of court under ch. 785.
AB100, s. 5007
4Section
5007
. 767.27 (2m) of the statutes, as affected by 1997 Wisconsin Act
5.... (this act), is amended to read:
AB100,1854,196
767.27
(2m) In every action in which the court has ordered a party to pay child
7support under s. 767.25
or, 767.51
or 767.62 (4) or family support under s. 767.261
8and the circumstances specified in s. 767.075 (1) apply, the court shall require the
9party who is ordered to pay the support to annually furnish the disclosure form
10required under this section and may require that party to annually furnish a copy
11of his or her most recently filed state and federal income tax returns to the county
12child support agency under s. 59.53 (5) for the county in which the order was entered.
13In any action in which the court has ordered a party to pay child support under s.
14767.25
or, 767.51
or 767.62 (4) or family support under s. 767.261, the court may
15require the party who is ordered to pay the support to annually furnish the disclosure
16form required under this section and a copy of his or her most recently filed state and
17federal income tax returns to the party for whom the support has been awarded. A
18party who fails to furnish the information as required by the court under this
19subsection may be proceeded against for contempt of court under ch. 785.
AB100, s. 5008
20Section
5008. 767.27 (4) of the statutes is amended to read:
AB100,1854,2521
767.27
(4) Failure by either party timely to file a complete disclosure statement
22as required by this section shall authorize the court to accept as accurate any
23information provided in the statement of the other party or obtained under s. 49.22
24(2m) by the department or the county child
and spousal support agency
under s.
2559.53 (5).
AB100, s. 5009
1Section
5009. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and
2amended to read:
AB100,1855,103
767.29
(1) (a) All orders or judgments providing for temporary or permanent
4maintenance, child support or family support payments shall direct the payment of
5all such sums to the
clerk of court, or support collection designee in a county that has
6designated a support collection designee under s. 59.07 (97m),
department or its
7designee for the use of the person for whom the same has been awarded. A party
8securing an order for temporary maintenance, child support or family support
9payments shall forthwith file the order, together with all pleadings in the action,
10with the clerk of court
or support collection designee.
AB100,1855,21
11(c) Except as provided in sub. (1m), the
clerk or support collection department
12or its designee shall disburse the money
so received under the judgment or order
13within 15 days in the manner required by federal regulations and take receipts
14therefor, unless the
clerk or support collection
department or its designee is unable
15to disburse the moneys because they were paid by check or other draft drawn upon
16an account containing insufficient funds. All moneys received or disbursed under
17this section shall be entered in a record kept by the
clerk or support collection 18department or its designee, whichever is appropriate, which shall be open to
19inspection by the
department for the administration of the child and spousal support
20and establishment of paternity program under s. 49.22, the parties to the action
and, 21their attorneys
, and the family court commissioner.
AB100,1856,10
22(e) If the maintenance, child support or family support payments adjudged or
23ordered to be paid
shall are not
be paid to the
clerk or support collection department
24or its designee at the time provided in the judgment or order, the
clerk or support
25collection designee county child support agency under s. 59.53 (5) or the family court
1commissioner of the county shall take such proceedings as he or she considers
2advisable to secure the payment of the sum including enforcement by contempt
3proceedings under ch. 785 or by other means. Copies of any order issued to compel
4the payment shall be mailed to counsel who represented each party when the
5maintenance, child support or family support payments were awarded. In case any
6fees of officers in any of the proceedings, including the compensation of the family
7court commissioner at the rate of $50 per day unless the commissioner is on a
8salaried basis, is not collected from the person proceeded against, the fees shall be
9paid out of the county treasury upon the order of the presiding judge and the
10certificate of the
clerk of court or support collection designee department.
AB100, s. 5010
11Section
5010. 767.29 (1) (b) of the statutes is created to read:
AB100,1856,1712
767.29
(1) (b) Upon request, after the filing of an order or judgment or the
13receipt of an interim disbursement order, the clerk of court shall advise the county
14child support agency under s. 59.53 (5) of the terms of the order or judgment within
152 business days after the filing or receipt. The county child support agency shall,
16within the time required by federal law, enter the terms of the order or judgment into
17the statewide support data system, as required by s. 59.53 (5) (b).
AB100, s. 5011
18Section
5011. 767.29 (1) (d) of the statutes is created to read:
AB100,1857,719
767.29
(1) (d) For receiving and disbursing maintenance, child support or
20family support payments, and for maintaining the records required under par. (c),
21the department or its designee shall collect an annual fee of $25 to be paid by each
22party ordered to make payments. The court or family court commissioner shall order
23each party ordered to make payments to pay the annual fee under this paragraph at
24the time of, and in addition to, the first payment to the department or its designee
25in each year for which payments are ordered. All fees collected under this paragraph
1shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time
2of ordering the payment of an annual fee under this paragraph, the court or family
3court commissioner shall notify each party ordered to make payments of the
4requirement to pay the annual fee and of the amount of the annual fee. If the annual
5fee under this section is not paid when due, the department or its designee may not
6deduct the annual fee from the maintenance or child or family support payment, but
7may do any of the following:
AB100,1857,88
1. Move the court for a remedial sanction under ch. 785.
AB100,1857,109
2. Apply to the court or family court commissioner for an assignment relating
10to the annual fee in accordance with s. 767.265.
AB100, s. 5012
11Section
5012. 767.29 (1) (f) of the statutes is created to read:
AB100,1857,2012
767.29
(1) (f) If the department determines that the statewide automated
13support and maintenance receipt and disbursement system will be operational
14before October 1, 1999, the department shall publish a notice in the Wisconsin
15Administrative Register that states the date on which the system will begin
16operating. Before that date or October 1, 1999, whichever is earlier, the circuit
17courts, county child support agencies under s. 59.53 (5), clerks of court and employers
18shall cooperate with the department in any measures taken to ensure an efficient
19and orderly transition from the countywide system of support receipt and
20disbursement to the statewide system.
AB100, s. 5013
21Section
5013
. 767.29 (1m) (intro.) of the statutes is amended to read:
AB100,1858,322
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261
and, 767.51 (5p)
23and 767.62 (4) (g), if the clerk of court or support collection designee receives support
24or maintenance money that exceeds the amount due in the month in which it is
25received and that the clerk or support collection designee determines is for support
1or maintenance due in a succeeding month, the clerk or support collection designee
2may hold the amount of overpayment that does not exceed the amount due in the next
3month for disbursement in the next month if any of the following applies:
AB100, s. 5014
4Section
5014
. 767.29 (1m) (intro.) of the statutes, as affected by 1997
5Wisconsin Act .... (this act), is amended to read:
AB100,1858,136
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261, 767.51 (5p) and
7767.62 (4) (g), if the
clerk of court or support collection department or its designee
8receives support or maintenance money that exceeds the amount due in the month
9in which it is received and that the
clerk or support collection department or its 10designee determines is for support or maintenance due in a succeeding month, the
11clerk or support collection department or its designee may hold the amount of
12overpayment that does not exceed the amount due in the next month for
13disbursement in the next month if any of the following applies:
AB100, s. 5015
14Section
5015. 767.29 (1m) (d) of the statutes is amended to read:
AB100,1858,1615
767.29
(1m) (d) The
clerk or support collection department or its designee
16determines that the overpayment should be held until the month when it is due.
AB100, s. 5016
17Section
5016. 767.29 (2) of the statutes is amended to read:
AB100,1859,1118
767.29
(2) If any party entitled to maintenance payments or support money,
19or both, is receiving public assistance under ch. 49, the party may assign the party's
20right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
21assistance. Such assignment shall be approved by order of the court granting the
22maintenance payments or support money, and may be terminated in like manner;
23except that it shall not be terminated in cases where there is any delinquency in the
24amount of maintenance payments and support money previously ordered or
25adjudged to be paid to the assignee without the written consent of the assignee or
1upon notice to the assignee and hearing. When an assignment of maintenance
2payments or support money, or both, has been approved by the order, the assignee
3shall be deemed a real party in interest within s. 803.01 but solely for the purpose
4of securing payment of unpaid maintenance payments or support money adjudged
5or ordered to be paid, by participating in proceedings to secure the payment thereof.
6Notwithstanding assignment under this subsection, and without further order of the
7court, the
clerk of court or support collection department or its designee, upon
8receiving notice that a party or a minor child of the parties is receiving
aid under s.
949.19 public assistance under ch. 49, shall forward all support assigned under s.
1048.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the
department assignee under s.
1149.19 (4) (h) 1. or 49.45 (19).
AB100, s. 5017
12Section
5017. 767.29 (3) of the statutes is renumbered 767.29 (3) (a).
AB100, s. 5018
13Section
5018. 767.29 (3) (b) of the statutes is created to read:
AB100,1859,2414
767.29
(3) (b) If a child who is the beneficiary of support under a judgment or
15order is placed by court order in a child caring institution, juvenile correctional
16institution or state mental institution, the right of the child or a parent of the child
17to support or maintenance during the period of the child's confinement, including any
18right to unpaid support or maintenance accruing during that period, is assigned to
19the state. If the judgment or order providing for the support of a child who is placed
20in a child caring institution, juvenile correctional institution or state mental
21institution includes support for one or more other children, the support under the
22judgment or order that is assigned to the state shall be the proportionate share of the
23child placed in the institution, except as otherwise ordered by the court or family
24court commissioner on the motion of a party.
AB100, s. 5019
25Section
5019. 767.293 (1) of the statutes is amended to read:
AB100,1860,23
1767.293
(1) If an order for child support under this chapter or s. 948.22 (7), an
2order for family support under this chapter or a stipulation approved by the court or
3the family court commissioner for child support under this chapter requires a payer
4to pay child or family support in an amount that is expressed as a percentage of
5parental income, the payee, including the state or
its designee a county child support
6agency under s. 59.53 (5) if the state is a real party in interest under s. 767.075 (1),
7may establish an arrearage by filing an affidavit in the action in which the order for
8the payment of support was entered or the stipulation for support was approved. The
9affidavit shall state the amount of the arrearage and the facts supporting a
10reasonable basis on which the arrearage was determined and may state the payer's
11current income and the facts supporting a reasonable basis on which the payer's
12current income was determined. Not later than 60 days after filing the affidavit, the
13payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1)
14(a) or (b) or by sending the affidavit by registered or certified mail to the last-known
15address of the payer. After the payee files a proof of service on the payer, the court
16shall send a notice to the payer by regular, registered or certified mail to the payer's
17last-known address. The notice shall provide that, unless the payer requests a
18hearing to dispute the arrearage or the amount of the arrearage not later than 20
19days after the date of the notice, the court or family court commissioner may enter
20an order against the payer in the amount stated in the affidavit and may provide
21notice of assignment under s. 767.265. The notice shall include the mailing address
22to which the request for hearing must be mailed or delivered in order to schedule a
23hearing under sub. (2).
AB100, s. 5020
24Section
5020. 767.295 (2) (a) (intro.) of the statutes is amended to read: