AB100: Bill Text

AB100, s. 5024 Section 5024. 767.303 (1) of the statutes is amended to read:

AB100,1863,3 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

AB100, s. 5025 Section 5025. 767.305 of the statutes is amended to read:

AB100,1863,14 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

AB100, s. 5026 Section 5026 . 767.305 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1864,2 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 767.458 (3), 767.477, 767.51, 767.62 (4), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

AB100, s. 5027 Section 5027. 767.32 (1) (a) of the statutes is amended to read:

AB100,1865,4 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department, a county department under s. 46.215, 46.22 or 46.23 or a county child support program designee agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB100, s. 5028 Section 5028. 767.32 (1) (b) 4. of the statutes is amended to read:

AB100,1865,11 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

AB100, s. 5029 Section 5029 . 767.32 (1) (b) 4. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1865,20 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or, 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

AB100, s. 5030 Section 5030. 767.32 (1) (c) 1. of the statutes is amended to read:

AB100,1866,3 767.32 (1) (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under s. 49.22 (2m) by the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

AB100, s. 5031 Section 5031. 767.32 (1r) of the statutes is amended to read:

AB100,1866,11 767.32 (1r) In an action under sub. (1) to revise a judgment or order with respect to child support or family support, the court may not grant credit to the payer against support due prior to the date on which the action is commenced for payments made by the payer on behalf of the child other than payments made to the clerk of court or support collection designee under s. 59.53 (5m), 1995 stats., under s. 767.265 or, 1995 stats., or s. 767.29, 1995 stats., to the department or its designee under s. 767.265 or 767.29 or as otherwise ordered by the court.

AB100, s. 5032 Section 5032. 767.32 (2m) of the statutes is amended to read:

AB100,1866,17 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m) or, 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.

AB100, s. 5033 Section 5033. 767.32 (2r) of the statutes is amended to read:

AB100,1866,22 767.32 (2r) If the court revises a judgment or order providing for child support that was 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), the court shall determine child support in the manner provided in s. 46.10 (14) or 301.12 (14), whichever is applicable.

AB100, s. 5034 Section 5034. 767.32 (2s) of the statutes is amended to read:

AB100,1867,3 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 or 767.51, whichever is appropriate.

AB100, s. 5035 Section 5035 . 767.32 (2s) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1867,10 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 or, 767.51 or 767.62 (4), whichever is appropriate.

AB100, s. 5036 Section 5036. 767.33 (1) of the statutes is amended to read:

AB100,1867,19 767.33 (1) An order for child support under s. 767.23 or 767.25 may provide for an adjustment in the amount to be paid based on a change in the obligor's income, as reported on the disclosure form under s. 767.27 (2m) or as disclosed under s. 49.22 (2m) to the department or county child and spousal support agency under s. 49.22 (2m) 59.53 (5). The order may specify the date on which the annual adjustment becomes effective. No adjustment may be made unless the order so provides and the party receiving payments applies for an adjustment as provided in sub. (2). An adjustment under this section may be made only once in any year.

AB100, s. 5037 Section 5037. 767.37 (1) (a) of the statutes is amended to read:

AB100,1868,13 767.37 (1) (a) In any action affecting the family, if the court orders maintenance payments or other allowances for a party or children or retains jurisdiction in such matters, the written judgment shall include a provision that disobedience of the court order with respect to the same is punishable under ch. 785 by commitment to the county jail or house of correction until such judgment is complied with and the costs and expenses of the proceedings are paid or until the party committed is otherwise discharged, according to law. The written judgment in any action affecting the family shall include the social security numbers of the parties and of any child of the parties. The findings of fact and conclusions of law and the written judgment shall be drafted by the attorney for the moving party, and shall be submitted to the court and filed with the clerk of the court within 30 days after judgment is granted; but if the respondent has been represented by counsel, the findings, conclusions and judgment shall first be submitted to respondent's counsel for approval and if the family court commissioner has appeared at the trial of the action, such papers shall also be sent to the family court commissioner for approval. After any necessary approvals are obtained, the findings of fact, conclusions of law and judgment shall be submitted to the court. Final stipulations of the parties may be appended to the judgment and incorporated by reference therein.

AB100, s. 5038 Section 5038. 767.45 (1) (intro.) of the statutes is amended to read:

AB100,1868,18 767.45 (1) (intro.) The following persons may bring an action or motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41 (1):

AB100, s. 5039 Section 5039. 767.45 (1) (c) of the statutes is amended to read:

AB100,1868,21 767.45 (1) (c) A man presumed to be the child's father under s. 891.405 or 891.41 (1).

AB100, s. 5040 Section 5040 . 767.45 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1868,25 767.45 (1) (c) A Unless s. 767.62 (1) applies, a man presumed to be the child's father under s. 891.405 or 891.41 (1).

AB100, s. 5041 Section 5041. 767.45 (1) (k) of the statutes is amended to read:

AB100,1869,6 767.45 (1) (k) In conjunction with the filing of a petition for visitation with respect to the child under s. 767.245 (3), a parent of a person who has filed a declaration of paternal interest under s. 48.025 or with respect to the child or a parent of a person who, before January 1, 1998, signed and filed a statement acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.

AB100, s. 5042 Section 5042. 767.45 (5) (b) of the statutes is amended to read:

AB100,1869,20 767.45 (5) (b) An action under this section may be joined with any other action for child support and shall be governed by the procedures specified in s. 767.05 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any judge or court commissioner, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court which rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a genetic test under s. 49.225 or 767.48.

AB100, s. 5043 Section 5043. 767.45 (5m) of the statutes is amended to read:

AB100,1870,8 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m), 767.62 and 769.401, unless a man is either presumed the child's father under s. 891.41 (1) or adjudicated the child's father either under s. 767.51 or by final order or judgment of a court of competent jurisdiction in another state, no order or temporary order may be entered for child support, legal custody or physical placement until the man is adjudicated the father using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss. 767.62 and 769.401, the exclusive procedure for establishment of child support obligations, legal custody or physical placement rights for a man who is neither presumed the child's father under s. 891.41 (1) nor adjudicated the father is by an action under ss. 767.45 to 767.60 or under s. 769.701. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.

AB100, s. 5044 Section 5044 . 767.45 (5m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1870,24 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m), 767.477, 767.62 and 769.401, unless a man is either presumed the child's father under s. 891.41 (1) or, is adjudicated the child's father either under s. 767.51 or by final order or judgment of a court of competent jurisdiction in another state or has acknowledged himself to be the child's father, no order or temporary order may be entered for child support, legal custody or physical placement until the man is adjudicated the father using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss. 767.477, 767.62 and 769.401, the exclusive procedure for establishment of child support obligations, legal custody or physical placement rights for a man who is neither not presumed the child's father under s. 891.41 (1) nor, adjudicated the father or acknowledged to be the father is by an action under ss. 767.45 to 767.60 or under s. 769.701. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.

AB100, s. 5045 Section 5045. 767.45 (6m) of the statutes is amended to read:

AB100,1871,6 767.45 (6m) The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father is named on the birth certificate of a child who is a resident of the county if paternity has not been adjudicated or acknowledged, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

AB100, s. 5046 Section 5046. 767.45 (6p) of the statutes is repealed.

AB100, s. 5047 Section 5047. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB100,1871,15 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you only upon one or more of the genetic tests taken during the proceedings showing if the results of one or more genetic tests show that you are excluded as the father and that the statistical probability of your being the father is less than 99.0%. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

AB100, s. 5048 Section 5048. 767.455 (5g) (form) 3. of the statutes is amended to read:

AB100,1871,21 767.455 (5g) (form) 3. You may request genetic tests which will indicate the probability that you are or are not the father of the child. The court or county child support agency will order genetic tests on request by you, the state or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.

AB100, s. 5049 Section 5049. 767.455 (5g) (form) 7. of the statutes is amended to read:

AB100,1872,6 767.455 (5g) (form) 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you at your address on file with the court, unless within those 30 days you present to the court evidence of good cause for your failure to appear or your failure to have undergone a court-ordered genetic test. You need not appear at the time and place specified in the summons if you complete the attached waiver of first appearance statement and deliver it to the court by the date specified in the waiver of first appearance statement.

AB100, s. 5050 Section 5050. 767.455 (5r) (form) 2. of the statutes is amended to read:

AB100,1872,14 767.455 (5r) (form) 2. I understand that I will be notified by the court of all future stages in the proceeding and agree to appear at those stages. If I fail to appear at any stage, including a scheduled court-ordered genetic test, the court will enter a default judgment finding me to be the father. A default judgment will take effect 30 days after it is served on or mailed to me, unless within those 30 days I present to the court evidence of good cause for my failure to appear or my failure to have undergone a court-ordered genetic test.

AB100, s. 5051 Section 5051. 767.458 (1) (d) of the statutes is amended to read:

AB100,1872,17 767.458 (1) (d) Except as provided under sub. in subs. (1m) and (2), the court will order genetic tests upon the request of any party; and

AB100, s. 5052 Section 5052. 767.458 (2) of the statutes is amended to read:

AB100,1873,2 767.458 (2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.48. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.48 (2).

AB100, s. 5053 Section 5053 . 767.458 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1873,13 767.458 (2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother or an alleged father, or from sworn testimony of the child's mother or an alleged father, that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.48. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.48 (2).

AB100, s. 5054 Section 5054. 767.458 (3) of the statutes is amended to read:

AB100,1873,19 767.458 (3) At the first appearance, if a statement acknowledging paternity under s. 69.15 (3) (b) 1. or 3. that was signed and filed before January 1, 1998, is on file, the court may enter an order for child support, legal custody or physical placement and, if the respondent who filed the statement does not dispute his paternity, may enter a judgment of paternity.

AB100, s. 5055 Section 5055. 767.465 (1m) of the statutes is created to read:

AB100,1874,2 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father, or man alleging that he is the father, to be the father of the child under s. 767.51 if the mother of the child fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient evidence exists to establish the man as the father of the child.

AB100, s. 5056 Section 5056. 767.465 (2) (a) of the statutes is amended to read:

AB100,1874,14 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or court commissioner under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.

AB100, s. 5057 Section 5057. 767.466 (intro.) of the statutes is amended to read:

AB100,1874,20 767.466 Motion to reopen judgment based on statement acknowledging paternity. (intro.) A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before January 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:

AB100, s. 5058 Section 5058. 767.47 (1) (c) of the statutes is amended to read:

AB100,1874,22 767.47 (1) (c) Genetic test results under ss. 49.225, 767.48 or 885.23.

AB100, s. 5059 Section 5059. 767.47 (3) of the statutes is amended to read:

AB100,1875,4 767.47 (3) In Except as provided in s. 767.48 (4), in an action against an alleged father, evidence offered by him with respect to an identified man who is not subject to the jurisdiction of the court concerning that man's sexual intercourse with the mother at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father has undergone genetic tests and made the results available to the court genetic tests as provided in s. 767.48.

AB100, s. 5060 Section 5060. 767.47 (8) of the statutes is amended to read:

AB100,1875,9 767.47 (8) The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB100, s. 5061 Section 5061. 767.47 (11) of the statutes is created to read:

AB100,1875,13 767.47 (11) Bills for services or articles related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are prima facie evidence of the costs incurred for such services or articles.

AB100, s. 5062 Section 5062. 767.475 (2) of the statutes is amended to read:

AB100,1875,16 767.475 (2) Presumption of paternity shall be as provided in ss. 891.39, 891.405 and 891.41 (1).

AB100, s. 5063 Section 5063. 767.477 of the statutes is created to read: