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:
AB100,1873,135
767.458
(2) At the first appearance, if it appears from a sufficient petition or
6affidavit of the child's mother
or an alleged father, or from sworn testimony of the
7child's mother or an alleged father, that there is probable cause to believe that any
8of the males named has had sexual intercourse with the mother during a possible
9time of the child's conception, the court may, or upon the request of any party shall,
10order any of the named persons to submit to genetic tests. The tests shall be
11conducted in accordance with s. 767.48. The court is not required to order a person
12who has undergone a genetic test under s. 49.225 to submit to another genetic test
13under this subsection unless a party requests additional tests under s. 767.48 (2).
AB100, s. 5054
14Section
5054. 767.458 (3) of the statutes is amended to read:
AB100,1873,1915
767.458
(3) At the first appearance, if a statement acknowledging paternity
16under s. 69.15 (3) (b) 1. or 3.
that was signed and filed before January 1, 1998, is on
17file, the court may enter an order for child support, legal custody or physical
18placement and, if the respondent who filed the statement does not dispute his
19paternity, may enter a judgment of paternity.
AB100, s. 5055
20Section
5055. 767.465 (1m) of the statutes is created to read:
AB100,1874,221
767.465
(1m) Judgment when mother fails to appear. Notwithstanding sub.
22(1), a court may enter an order adjudicating the alleged father, or man alleging that
23he is the father, to be the father of the child under s. 767.51 if the mother of the child
24fails to appear at the first appearance, unless the first appearance is not required
1under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient
2evidence exists to establish the man as the father of the child.
AB100, s. 5056
3Section
5056. 767.465 (2) (a) of the statutes is amended to read:
AB100,1874,144
767.465
(2) (a) Except as provided in sub. (2m), if a respondent is the alleged
5father and fails to appear at the first appearance, unless the first appearance is not
6required under s. 767.457 (2), scheduled
court-ordered genetic test, pretrial hearing
7or trial, the court shall enter an order adjudicating the respondent to be the father
8and appropriate orders for support, legal custody and physical placement. The
9orders shall be either served on the respondent or mailed by regular, registered or
10certified mail, to the last-known address of the respondent. The orders shall take
11effect 30 days after service or 30 days after the date on which the orders were mailed
12unless, within that time, the respondent presents to the court or court commissioner
13under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have
14undergone a
court-ordered genetic test.
AB100, s. 5057
15Section
5057. 767.466 (intro.) of the statutes is amended to read:
AB100,1874,20
16767.466 Motion to reopen judgment based on statement
17acknowledging paternity. (intro.) A judgment which adjudicates a person to be
18the father of a child and which was based upon a statement acknowledging paternity
19that was signed and filed before January 1, 1998, may, if no trial was conducted, be
20reopened under any of the following circumstances:
AB100, s. 5058
21Section
5058. 767.47 (1) (c) of the statutes is amended to read:
AB100,1874,2222
767.47
(1) (c) Genetic test results under ss.
49.225, 767.48 or 885.23.
AB100, s. 5059
23Section
5059. 767.47 (3) of the statutes is amended to read:
AB100,1875,424
767.47
(3) In Except as provided in s. 767.48 (4), in an action against an alleged
25father, evidence offered by him with respect to an identified man who is not subject
1to the jurisdiction of the court concerning that man's sexual intercourse with the
2mother at or about the presumptive time of conception of the child is admissible in
3evidence only after the alleged father has undergone
genetic tests and made
the
4results available to the court
genetic tests as provided in s. 767.48.
AB100, s. 5060
5Section
5060. 767.47 (8) of the statutes is amended to read:
AB100,1875,96
767.47
(8) The party bringing an action for the purpose of determining
7paternity or for the purpose of declaring the nonexistence of paternity presumed
8under s. 891.405 or 891.41
(1) shall have the burden of proving the issues involved
9by clear and satisfactory preponderance of the evidence.
AB100, s. 5061
10Section
5061. 767.47 (11) of the statutes is created to read:
AB100,1875,1311
767.47
(11) Bills for services or articles related to the pregnancy, childbirth or
12genetic testing may be admitted into evidence and are prima facie evidence of the
13costs incurred for such services or articles.
AB100, s. 5062
14Section
5062. 767.475 (2) of the statutes is amended to read:
AB100,1875,1615
767.475
(2) Presumption of paternity shall be as provided in ss. 891.39, 891.405
16and 891.41
(1).
AB100, s. 5063
17Section
5063. 767.477 of the statutes is created to read:
AB100,1875,24
18767.477 Temporary orders. (1) At any time during the pendency of an action
19to establish the paternity of a child, if genetic tests show that the alleged father is
20not excluded and that the statistical probability of the alleged father's parentage is
2199.0% or higher, on the motion of a party, the court shall make an appropriate
22temporary order for the payment of child support and may make a temporary order
23assigning responsibility for and directing the manner of payment of the child's health
24care expenses.
AB100,1876,6
1(2) Before making any temporary order under sub. (1), the court shall consider
2those factors that the court is required under s. 767.51 to consider when granting a
3final judgment on the same subject matter. If the court makes a temporary child
4support order that deviates from the amount of support that would be required by
5using the percentage standard established by the department under s. 49.22 (9), the
6court shall comply with the requirements of s. 767.51 (5d).
AB100, s. 5064
7Section
5064. 767.48 (1) (a) of the statutes is amended to read:
AB100,1876,188
767.48
(1) (a) The court may, and upon request of a party shall, require the
9child, mother, any male for whom there is probable cause to believe that he had
10sexual intercourse with the mother during a possible time of the child's conception,
11or any male witness who testifies or will testify about his sexual relations with the
12mother at a possible time of conception to submit to genetic tests. Probable cause of
13sexual intercourse during a possible time of conception may be established by a
14sufficient petition or affidavit of the child's mother filed with the court, or after an
15examination under oath of a complainant or witness, when the court determines
16such an examination is necessary.
The court is not required to order a person who
17has undergone a genetic test under s. 49.225 to submit to another test under this
18paragraph unless a party requests additional tests under sub. (2).
AB100, s. 5065
19Section
5065
. 767.48 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is amended to read:
AB100,1877,621
767.48
(1) (a) The court may, and upon request of a party shall, require the
22child, mother, any male for whom there is probable cause to believe that he had
23sexual intercourse with the mother during a possible time of the child's conception,
24or any male witness who testifies or will testify about his sexual relations with the
25mother at a possible time of conception to submit to genetic tests. Probable cause of
1sexual intercourse during a possible time of conception may be established by a
2sufficient petition or affidavit of the child's mother
or an alleged father, filed with the
3court, or after an examination under oath of a
complainant party or witness, when
4the court determines such an examination is necessary. The court is not required to
5order a person who has undergone a genetic test under s. 49.225 to submit to another
6test under this paragraph unless a party requests additional tests under sub. (2).
AB100, s. 5066
7Section
5066. 767.48 (1m) of the statutes is amended to read:
AB100,1877,118
767.48
(1m) Under sub. (1), if the
If genetic tests
ordered under this section or
9s. 49.225 show that the alleged father is not excluded and that the statistical
10probability of the alleged father's parentage is 99.0% or higher, the alleged father
11shall be rebuttably presumed to be the child's parent.
AB100, s. 5067
12Section
5067. 767.48 (4) of the statutes is amended to read:
AB100,1877,2513
767.48
(4) Whenever the results of
the genetic tests exclude
the an alleged
14father as the father of the child, this evidence shall be conclusive evidence of
15nonpaternity and the court shall dismiss
the any paternity action
with respect to that
16alleged father. Whenever the results of
the
genetic tests exclude any male witness
17from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
18male witness. Testimony relating to sexual intercourse or possible sexual
19intercourse of the mother with any person excluded as a possible father, as a result
20of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
21genetic test, this fact shall be disclosed to the fact finder.
This refusal Refusal to
22submit to a genetic test ordered by the court is a contempt of the court for failure to
23produce evidence under s. 767.47 (5). If the action was brought by the child's mother
24but she refuses to submit herself or the child to genetic tests, the action shall be
25dismissed.
AB100, s. 5068
1Section
5068. 767.48 (5) (a) of the statutes is amended to read:
AB100,1878,42
767.48
(5) (a)
At Except as provided in par. (b), at the close of the proceeding
3the court may order either or both parties to reimburse the county if the court finds
4that they have sufficient resources to pay the costs of the genetic tests.
AB100, s. 5069
5Section
5069. 767.48 (5) (b) of the statutes is amended to read:
AB100,1878,96
767.48
(5) (b) If 2 or more identical series of genetic tests are performed upon
7the same person,
regardless of whether the tests were ordered under this section or
8s. 49.225 or 767.458 (2), the court may require the person requesting the 2nd or
9subsequent series of tests to pay for it in advance.
AB100, s. 5070
10Section
5070
. 767.48 (5) (b) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is amended to read:
AB100,1878,1612
767.48
(5) (b) If 2 or more identical series of genetic tests are performed upon
13the same person, regardless of whether the tests were ordered under this section or
14s. 49.225 or 767.458 (2), the court
may shall require the person requesting the 2nd
15or subsequent series of tests to pay for it in advance
, unless the court finds that the
16person is indigent.
AB100, s. 5071
17Section
5071. 767.51 (1) of the statutes is amended to read:
AB100,1878,1918
767.51
(1) The A judgment or order of the court determining the existence or
19nonexistence of paternity is determinative for all purposes.
AB100, s. 5072
20Section
5072. 767.51 (2) of the statutes is amended to read:
AB100,1878,2521
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
22after the entry of
the order or a judgment
or order determining paternity, a report
23showing the names, dates and birth places of the child and the father and the maiden
24name of the mother on a form designated by the state registrar, along with the fee
25set forth in s. 69.22 (5), which the clerk of court shall collect.
AB100, s. 5073
1Section
5073
. 767.51 (2) of the statutes, as affected by 1997 Wisconsin Act ....
2(this act), is amended to read:
AB100,1879,83
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
4after the entry of a judgment or order determining paternity, a report showing the
5names, dates and birth places of the child and the father
, the social security numbers
6of the mother, father and child and the maiden name of the mother on a form
7designated by the state registrar, along with the fee set forth in s. 69.22 (5), which
8the clerk of court shall collect.
AB100, s. 5074
9Section
5074. 767.51 (3) of the statutes is amended to read:
AB100,1880,310
767.51
(3) The A judgment or order
determining paternity may contain any
11other provision directed against the appropriate party to the proceeding, concerning
12the duty of support, the legal custody and guardianship of the child, periods of
13physical placement, the furnishing of bond or other security for the payment of the
14judgment, or any other matter in the best interest of the child.
Unless the court
15orders otherwise, if If there is no presumption of paternity under s. 891.41
(1) and
16the father does not request custody of the child, the mother shall have sole legal
17custody of the child.
If the father requests custody of the child, the court shall
18determine legal custody in the manner provided in s. 767.24 (1) to (3) and (5). The
19court shall determine physical placement rights in the manner provided in s. 767.24
20(1), (4) and (5). The court shall order either party or both to pay for the support of
21any child of the parties who is less than
18 years old, or any child of the parties who
22is less than 19 years old
and if the child is pursuing an accredited course of
23instruction leading to the acquisition of a high school diploma or its equivalent. The
24judgment or order may direct the father to pay or contribute to the reasonable
25expenses of the mother's pregnancy and confinement during pregnancy and may
1direct either party to pay or contribute to the costs of genetic tests, attorney fees and
2other costs. Contributions to the costs of genetic tests shall be paid to the county
3which paid for the genetic tests.
AB100, s. 5075
4Section
5075. 767.51 (3m) (c) 1. of the statutes is amended to read:
AB100,1880,205
767.51
(3m) (c) 1. In directing the manner of payment of a child's health care
6expenses, the court may order that payment, including payment for health insurance
7premiums, be withheld from income and sent to the appropriate health care insurer,
8provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
9collection department or its designee, whichever is appropriate, for disbursement to
10the person for whom the payment has been awarded if that person is not a health care
11insurer, provider or plan. If the court orders income withholding and assignment for
12the payment of health care expenses, the court shall send notice of assignment in the
13manner provided under s. 767.265 (2r) and may include the notice of assignment
14under this subdivision with a notice of assignment under s. 767.265. The
clerk of
15court department or its designee, whichever is appropriate, shall keep a record of all
16moneys received and disbursed by the
clerk department or its designee for health
17care expenses that are directed to be paid to the
clerk and the support collection
18designee shall keep a record of all moneys received and disbursed by the support
19collection designee for health care expenses that are directed to be paid to the support
20collection department or its designee.
AB100, s. 5076
21Section
5076. 767.51 (3m) (d) 2. of the statutes is amended to read:
AB100,1880,2422
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
23if eligible for coverage, upon application by the parent, the child's other parent, the
24department or the county
designee child support agency under s. 59.53 (5).
AB100, s. 5077
1Section
5077
. 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is amended to read:
AB100,1881,63
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
4if eligible for coverage, upon application by the parent, the child's other parent, the
5department or the county child support agency under s. 59.53 (5)
, or upon receiving
6a notice under par. (f) 1.
AB100, s. 5078
7Section
5078. 767.51 (3m) (d) 2m. of the statutes is created to read:
AB100,1881,118
767.51
(3m) (d) 2m. Inform the county child support agency under s. 59.53 (5)
9when coverage of the child under the health benefit plan is in effect and, upon
10request, provide copies of necessary program or policy identification to the child's
11other parent.
AB100, s. 5079
12Section
5079. 767.51 (3m) (f) of the statutes is created to read:
AB100,1881,1613
767.51
(3m) (f) 1. If a parent who has been ordered by a court to provide
14coverage of the health care expenses of a child changes employers, the county child
15support agency under s. 59.53 (5) shall provide notice of the order to the new
16employer and to the parent.
AB100,1882,217
2. The notice provided to the parent shall inform the parent that coverage for
18the child under the new employer's health benefit plan will be in effect upon the
19employer's receipt of the notice. The notice shall inform the parent that he or she
20may, within 10 days after receiving the notice, by motion request a hearing before the
21court on the issue of whether the order to provide coverage of the child's health care
22expenses should remain in effect. A motion under this subdivision may be heard by
23a family court commissioner. If the parent requests a hearing and the court or family
24court commissioner determines that the order to provide coverage of the child's
1health care expenses should not remain in effect, the court shall provide notice to the
2employer that the order is no longer in effect.