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:
AB100,1861,7
1767.295
(2) (a) (intro.) In an action for modification of a child support order
2under s. 767.32, an action in which an order for child support is required under s.
3767.25 (1)
or, 767.51 (3)
or 767.62 (4) (a) or a contempt of court proceeding to enforce
4a child support or family support order in a county that contracts under s. 49.36 (2),
5the court may order a parent who is not a custodial parent to register for a work
6experience and job training program under s. 49.36 if all of the following conditions
7are met:
AB100, s. 5021
8Section
5021. 767.295 (2) (c) of the statutes is amended to read:
AB100,1861,209
767.295
(2) (c) If the court enters an order under par. (a), it shall order the
10parent to pay child support equal to the amount determined by applying the
11percentage standard established under s. 49.22 (9) to the income a person would earn
12by working 40 hours per week for the federal minimum hourly wage under
29 USC
13206 (a) (1) or equal to the amount of child support that the parent was ordered to pay
14in the most recent determination of support under this chapter. The child support
15obligation ordered under this paragraph continues until the parent makes timely
16payment in full for 3 consecutive months or until the person participates in the
17program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide
18in its order that the parent must make child support payments calculated under s.
19767.25 (1j) or (1m)
or, 767.51 (4m) or (5)
or 767.62 (4) (d) 1. or (e) after the obligation
20to make payments ordered under this paragraph ceases.
AB100, s. 5022
21Section
5022. 767.30 (1) of the statutes is amended to read:
AB100,1862,422
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
234., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
24(2), support or maintenance under s. 767.08, child support, family support or
25maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
1767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
2obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
3support under s. 948.22 (7), the court may provide that any payment be paid in the
4amounts and at the times that it considers expedient.
AB100, s. 5023
5Section
5023
. 767.30 (1) of the statutes, as affected by 1997 Wisconsin Act ....
6(this act), is amended to read:
AB100,1862,157
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
84., 48.357 (5m), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
9support or maintenance under s. 767.08, child support, family support or
10maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
11767.26, family support under s. 767.261, attorney fees under s. 767.262,
child support
12or a child's health care expenses under s. 767.477, paternity obligations under s.
13767.458 (3), 767.51
or 767.62 (4), support arrearages under s. 767.293 or child or
14spousal support under s. 948.22 (7), the court may provide that any payment be paid
15in the amounts and at the times that it considers expedient.
AB100, s. 5024
16Section
5024. 767.303 (1) of the statutes is amended to read:
AB100,1863,317
767.303
(1) If a person fails to pay a payment ordered for support under s.
18767.077, support under s. 767.08, child support or family support under s. 767.23,
19child support under s. 767.25, family support under s. 767.261, revised child or
20family support under s. 767.32, child support under s. 767.458 (3),
child support
21under s. 767.477, child support under s. 767.51,
child support under s. 767.62 (4) (a), 22child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
23or more days past due and the court finds that the person has the ability to pay the
24amount ordered, the court may suspend the person's operating privilege, as defined
25in s. 340.01 (40), until the person pays all arrearages in full or makes payment
1arrangements that are satisfactory to the court, except that the suspension period
2may not exceed 5 years. If otherwise eligible, the person is eligible for an
3occupational license under s. 343.10 at any time.
AB100, s. 5025
4Section
5025. 767.305 of the statutes is amended to read:
AB100,1863,14
5767.305 Enforcement; contempt proceedings. In all cases where a party
6has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
7767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183
(2) (4), 938.355
8(2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as
9ordered by the court to satisfy such obligation, and where the wage assignment
10proceeding under s. 767.265 and the account transfer under s. 767.267 are
11inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
12on the application of the receiving party, issue an order requiring the payer to show
13cause at some reasonable time therein specified why he or she should not be punished
14for such misconduct as provided in ch. 785.
AB100, s. 5026
15Section
5026
. 767.305 of the statutes, as affected by 1997 Wisconsin Act ....
16(this act), is amended to read:
AB100,1864,2
17767.305 Enforcement; contempt proceedings. In all cases where a party
18has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
19767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293,
767.458 (3), 767.477,
20767.51, 767.62 (4), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has
21failed within a reasonable time or as ordered by the court to satisfy such obligation,
22and where the wage assignment proceeding under s. 767.265 and the account
23transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may
24on its own initiative, and shall on the application of the receiving party, issue an order
1requiring the payer to show cause at some reasonable time therein specified why he
2or she should not be punished for such misconduct as provided in ch. 785.
AB100, s. 5027
3Section
5027. 767.32 (1) (a) of the statutes is amended to read:
AB100,1865,44
767.32
(1) (a) After a judgment or order providing for child support under this
5chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b)
64., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26
7or family support payments under this chapter, or for the appointment of trustees
8under s. 767.31, the court may, from time to time, on the petition, motion or order to
9show cause of either of the parties, or upon the petition, motion or order to show cause
10of the department, a county department under s. 46.215, 46.22 or 46.23 or a
county 11child support
program designee agency under s. 59.53 (5) if an assignment has been
12made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if
13either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and
14upon notice to the family court commissioner, revise and alter such judgment or order
15respecting the amount of such maintenance or child support and the payment
16thereof, and also respecting the appropriation and payment of the principal and
17income of the property so held in trust, and may make any judgment or order
18respecting any of the matters that such court might have made in the original action,
19except that a judgment or order that waives maintenance payments for either party
20shall not thereafter be revised or altered in that respect nor shall the provisions of
21a judgment or order with respect to final division of property be subject to revision
22or modification. A revision, under this section, of a judgment or order with respect
23to an amount of child or family support may be made only upon a finding of a
24substantial change in circumstances. In any action under this section to revise a
25judgment or order with respect to maintenance payments, a substantial change in
1the cost of living by either party or as measured by the federal bureau of labor
2statistics may be sufficient to justify a revision of judgment or order with respect to
3the amount of maintenance, except that a change in an obligor's cost of living is not
4in itself sufficient if payments are expressed as a percentage of income.
AB100, s. 5028
5Section
5028. 767.32 (1) (b) 4. of the statutes is amended to read:
AB100,1865,116
767.32
(1) (b) 4. A difference between the amount of child support ordered by
7the court to be paid by the payer and the amount that the payer would have been
8required to pay based on the percentage standard established by the department
9under s. 49.22 (9) if the court did not use the percentage standard in determining the
10child support payments and did not provide the information required under s. 46.10
11(14) (d),
301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.
AB100, s. 5029
12Section
5029
. 767.32 (1) (b) 4. of the statutes, as affected by 1997 Wisconsin
13Act .... (this act), is amended to read:
AB100,1865,2014
767.32
(1) (b) 4. A difference between the amount of child support ordered by
15the court to be paid by the payer and the amount that the payer would have been
16required to pay based on the percentage standard established by the department
17under s. 49.22 (9) if the court did not use the percentage standard in determining the
18child support payments and did not provide the information required under s. 46.10
19(14) (d), 301.12 (14) (d), 767.25 (1n)
or, 767.51 (5d)
or 767.62 (4) (f), whichever is
20appropriate.
AB100, s. 5030
21Section
5030. 767.32 (1) (c) 1. of the statutes is amended to read:
AB100,1866,322
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
23judgment or order as a percentage of parental income, a change in the payer's
24income, evidenced by information received
under s. 49.22 (2m) by the department
, 25or the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5) or by
1other information, from the payer's income determined by the court in its most recent
2judgment or order for child support, including a revision of a child support order
3under this section.
AB100, s. 5031
4Section
5031. 767.32 (1r) of the statutes is amended to read:
AB100,1866,115
767.32
(1r) In an action under sub. (1) to revise a judgment or order with
6respect to child support or family support, the court may not grant credit to the payer
7against support due prior to the date on which the action is commenced for payments
8made by the payer on behalf of the child other than payments made to the clerk of
9court or support collection designee
under s. 59.53 (5m), 1995 stats., under s. 767.265
10or, 1995 stats., or s. 767.29
, 1995 stats., to the department or its designee under s.
11767.265 or 767.29 or as otherwise ordered by the court.
AB100, s. 5032
12Section
5032. 767.32 (2m) of the statutes is amended to read:
AB100,1866,1713
767.32
(2m) Upon request by a party, the court may modify the amount of
14revised child support payments determined under sub. (2) if, after considering the
15factors listed in s. 767.25 (1m)
or, 767.51 (5)
or 767.62 (4) (e), as appropriate, the court
16finds, by the greater weight of the credible evidence, that the use of the percentage
17standard is unfair to the child or to any of the parties.
AB100, s. 5033
18Section
5033. 767.32 (2r) of the statutes is amended to read:
AB100,1866,2219
767.32
(2r) If the court revises a judgment or order providing for child support
20that was entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2) (4),
21938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support
22in the manner provided in s. 46.10 (14)
or 301.12 (14), whichever is applicable.
AB100, s. 5034
23Section
5034. 767.32 (2s) of the statutes is amended to read:
AB100,1867,324
767.32
(2s) In an action under sub. (1), the court may not approve a stipulation
25for the revision of a judgment or order with respect to an amount of child support or
1family support unless the stipulation provides for payment of an amount of child
2support or family support that is determined in the manner required under s. 46.10
3(14),
301.12 (14), 767.25 or 767.51, whichever is appropriate.
AB100, s. 5035
4Section
5035
. 767.32 (2s) of the statutes, as affected by 1997 Wisconsin Act
5.... (this act), is amended to read:
AB100,1867,106
767.32
(2s) In an action under sub. (1), the court may not approve a stipulation
7for the revision of a judgment or order with respect to an amount of child support or
8family support unless the stipulation provides for payment of an amount of child
9support or family support that is determined in the manner required under s. 46.10
10(14), 301.12 (14), 767.25
or, 767.51
or 767.62 (4), whichever is appropriate.
AB100, s. 5036
11Section
5036. 767.33 (1) of the statutes is amended to read:
AB100,1867,1912
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
13an adjustment in the amount to be paid based on a change in the obligor's income,
14as reported on the disclosure form under s. 767.27 (2m) or as disclosed
under s. 49.22
15(2m) to the department or county child
and spousal support agency under s.
49.22
16(2m) 59.53 (5). The order may specify the date on which the annual adjustment
17becomes effective. No adjustment may be made unless the order so provides and the
18party receiving payments applies for an adjustment as provided in sub. (2). An
19adjustment under this section may be made only once in any year.
AB100, s. 5037
20Section
5037. 767.37 (1) (a) of the statutes is amended to read:
AB100,1868,1321
767.37
(1) (a) In any action affecting the family, if the court orders maintenance
22payments or other allowances for a party or children or retains jurisdiction in such
23matters, the written judgment shall include a provision that disobedience of the
24court order with respect to the same is punishable under ch. 785 by commitment to
25the county jail or house of correction until such judgment is complied with and the
1costs and expenses of the proceedings are paid or until the party committed is
2otherwise discharged, according to law.
The written judgment in any action affecting
3the family shall include the social security numbers of the parties and of any child
4of the parties. The findings of fact and conclusions of law and the written judgment
5shall be drafted by the attorney for the moving party, and shall be submitted to the
6court and filed with the clerk of the court within 30 days after judgment is granted;
7but if the respondent has been represented by counsel, the findings, conclusions and
8judgment shall first be submitted to respondent's counsel for approval and if the
9family court commissioner has appeared at the trial of the action, such papers shall
10also be sent to the family court commissioner for approval. After any necessary
11approvals are obtained, the findings of fact, conclusions of law and judgment shall
12be submitted to the court. Final stipulations of the parties may be appended to the
13judgment and incorporated by reference therein.
AB100, s. 5038
14Section
5038. 767.45 (1) (intro.) of the statutes is amended to read:
AB100,1868,1815
767.45
(1) (intro.) The following persons may bring an action or motion,
16including an action or motion for declaratory judgment, for the purpose of
17determining the paternity of a child or for the purpose of rebutting the presumption
18of paternity under s. 891.405 or 891.41
(1):
AB100, s. 5039
19Section
5039. 767.45 (1) (c) of the statutes is amended to read:
AB100,1868,2120
767.45
(1) (c) A man presumed to be the child's father under s. 891.405 or 891.41
21(1).
AB100, s. 5040
22Section
5040
. 767.45 (1) (c) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is amended to read:
AB100,1868,2524
767.45
(1) (c)
A Unless s. 767.62 (1) applies, a man presumed to be the child's
25father under s. 891.405 or 891.41 (1).
AB100, s. 5041
1Section
5041. 767.45 (1) (k) of the statutes is amended to read:
AB100,1869,62
767.45
(1) (k) In conjunction with the filing of a petition for visitation with
3respect to the child under s. 767.245 (3), a parent of a person who has filed a
4declaration of paternal interest under s. 48.025
or
with respect to the child or a
5parent of a person who, before January 1, 1998, signed and filed a statement
6acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.
AB100, s. 5042
7Section
5042. 767.45 (5) (b) of the statutes is amended to read:
AB100,1869,208
767.45
(5) (b) An action under this section may be joined with any other action
9for child support and shall be governed by the procedures specified in s. 767.05
10relating to child support, except that the title of the action shall be "In re the
11paternity of A.B." The petition shall state the name and date of birth of the child if
12born or that the mother is pregnant if the child is unborn, the name of any alleged
13father, whether or not an action by any of the parties to determine the paternity of
14the child or rebut the presumption of paternity to the child has at any time been
15commenced, or is pending before any judge or court commissioner, in this state or
16elsewhere. If a paternity judgment has been rendered, or if a paternity action has
17been dismissed, the petition shall state the court which rendered the judgment or
18dismissed the action, and the date and the place the judgment was granted if known.
19The petition shall also give notice of a party's right to request a genetic test under
20s.
49.225 or 767.48.
AB100, s. 5043
21Section
5043. 767.45 (5m) of the statutes is amended to read:
AB100,1870,822
767.45
(5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m), 767.62
23and 769.401, unless a man is either presumed the child's father under s. 891.41
(1) 24or adjudicated the child's father either under s. 767.51 or by final order or judgment
25of a court of competent jurisdiction in another state, no order or temporary order may
1be entered for child support, legal custody or physical placement until the man is
2adjudicated the father using the procedure set forth in ss. 767.45 to 767.60. Except
3as provided in ss. 767.62 and 769.401, the exclusive procedure for establishment of
4child support obligations, legal custody or physical placement rights for a man who
5is neither presumed the child's father under s. 891.41
(1) nor adjudicated the father
6is by an action under ss. 767.45 to 767.60 or under s. 769.701. No person may waive
7the use of this procedure. If a presumption under s. 891.41
(1) exists, a party denying
8paternity has the burden of rebutting the presumption.
AB100, s. 5044
9Section
5044
. 767.45 (5m) of the statutes, as affected by 1997 Wisconsin Act
10.... (this act), is amended to read:
AB100,1870,2411
767.45
(5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m),
12767.477, 767.62 and 769.401, unless a man is
either presumed the child's father
13under s. 891.41 (1)
or, is adjudicated the child's father either under s. 767.51 or by
14final order or judgment of a court of competent jurisdiction in another state
or has
15acknowledged himself to be the child's father, no order or temporary order may be
16entered for child support, legal custody or physical placement until the man is
17adjudicated the father using the procedure set forth in ss. 767.45 to 767.60. Except
18as provided in ss.
767.477, 767.62 and 769.401, the exclusive procedure for
19establishment of child support obligations, legal custody or physical placement
20rights for a man who is
neither not presumed the child's father under s. 891.41 (1)
21nor, adjudicated the father
or acknowledged to be the father is by an action under ss.
22767.45 to 767.60 or under s. 769.701. No person may waive the use of this procedure.
23If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden
24of rebutting the presumption.
AB100, s. 5045
25Section
5045. 767.45 (6m) of the statutes is amended to read:
AB100,1871,6
1767.45
(6m) The attorney designated under sub. (6) (a) shall commence an
2action under this section on behalf of the state within 6 months after receiving
3notification under s. 69.03 (15) that no father is named on the birth certificate of a
4child who is a resident of the county if paternity has not been adjudicated
or
5acknowledged, except in situations under s. 69.14 (1) (g) and (h) and as provided by
6the department by rule.
AB100, s. 5046
7Section
5046. 767.45 (6p) of the statutes is repealed.
AB100, s. 5047
8Section
5047. 767.455 (5g) (form) 2. of the statutes is amended to read:
AB100,1871,159
767.455
(5g) (form) 2. You have the right to be represented by an attorney. If
10you are unable to afford an attorney, the court will appoint one for you only
upon one
11or more of the genetic tests taken during the proceedings showing
if the results of one
12or more genetic tests show that you are excluded as the father and that the statistical
13probability of your being the father is less than 99.0%. In order to determine whether
14you are entitled to have an attorney appointed for you, you may call the following
15telephone number .... .
AB100, s. 5048
16Section
5048. 767.455 (5g) (form) 3. of the statutes is amended to read:
AB100,1871,2117
767.455
(5g) (form) 3. You may request genetic tests which will indicate the
18probability that you are or are not the father of the child. The court
or county child
19support agency will order genetic tests on request by you, the state or any other party.
20Any person who refuses to take court-ordered genetic tests may be punished for
21contempt of court.
AB100, s. 5049
22Section
5049. 767.455 (5g) (form) 7. of the statutes is amended to read:
AB100,1872,623
767.455
(5g) (form) 7. If you fail to appear at any stage of the proceeding,
24including a scheduled
court-ordered genetic test, the court will enter a default
25judgment finding you to be the father. A default judgment will take effect 30 days
1after it is served on or mailed to you at your address on file with the court, unless
2within those 30 days you present to the court evidence of good cause for your failure
3to appear or your failure to have undergone a
court-ordered genetic test. You need
4not appear at the time and place specified in the summons if you complete the
5attached waiver of first appearance statement and deliver it to the court by the date
6specified in the waiver of first appearance statement.
AB100, s. 5050
7Section
5050. 767.455 (5r) (form) 2. of the statutes is amended to read:
AB100,1872,148
767.455
(5r) (form) 2. I understand that I will be notified by the court of all
9future stages in the proceeding and agree to appear at those stages. If I fail to appear
10at any stage, including a scheduled
court-ordered genetic test, the court will enter
11a default judgment finding me to be the father. A default judgment will take effect
1230 days after it is served on or mailed to me, unless within those 30 days I present
13to the court evidence of good cause for my failure to appear or my failure to have
14undergone a
court-ordered genetic test.
AB100, s. 5051
15Section
5051. 767.458 (1) (d) of the statutes is amended to read:
AB100,1872,1716
767.458
(1) (d) Except as provided
under sub. in subs. (1m)
and (2), the court
17will order genetic tests upon the request of any party; and
AB100, s. 5052
18Section
5052. 767.458 (2) of the statutes is amended to read:
AB100,1873,219
767.458
(2) At the first appearance, if it appears from a sufficient petition or
20affidavit of the child's mother that there is probable cause to believe that any of the
21males named has had sexual intercourse with the mother during a possible time of
22the child's conception, the court may, or upon the request of any party shall, order any
23of the named persons to submit to genetic tests. The tests shall be conducted in
24accordance with s. 767.48.
The court is not required to order a person who has
1undergone a genetic test under s. 49.225 to submit to another genetic test under this
2subsection unless a party requests additional tests under s. 767.48 (2).
AB100, s. 5053
3Section
5053
. 767.458 (2) of the statutes, as affected by 1997 Wisconsin Act
4.... (this act), is amended to read: