AB100,1890,2115
(f) If the court or family court commissioner finds under par. (e) that use of the
16percentage standard is unfair to the child or the requesting party, the court or family
17court commissioner shall state in writing or on the record the amount of support that
18would be required by using the percentage standard, the amount by which the court's
19or family court commissioner's order deviates from that amount, the reasons for
20finding that use of the percentage standard is unfair to the child or the party, the
21reasons for the amount of the modification and the basis for the modification.
AB100,1891,422
(g) A party ordered to pay child support under this subsection shall pay simple
23interest at the rate of 1.5% per month on any amount unpaid, commencing the first
24day of the 2nd month after the month in which the amount was due. Interest under
25this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05
1(8) and is paid to the clerk of court or support collection designee under s. 767.29.
2Except as provided in s. 767.29 (1m), the clerk of court or support collection designee,
3whichever is appropriate, shall apply all payments received for child support as
4follows:
AB100,1891,105
1. First, to payment of child support due within the calendar month during
6which the payment is withheld from income under s. 767.265 or under similar laws
7of another state. If payment is not made through income withholding, the clerk or
8support collection designee, whichever is appropriate, shall first apply child support
9payments received to payment of child support due within the calendar month
10during which the payment is received.
AB100,1891,1211
2. Second, to payment of unpaid child support due before the payment is
12received.
AB100,1891,1313
3. Third, to payment of interest accruing on unpaid child support.
AB100,1891,18
14(5) Voiding determination. (a) A determination of paternity that arises under
15this section may be voided at any time upon a motion or petition stating facts that
16show fraud, duress or a mistake of fact. Except for good cause shown, any orders
17entered under sub. (4) shall remain in effect during the pendency of a proceeding
18under this paragraph.
AB100,1891,2419
(b) If a court in a proceeding under par. (a) determines that the man is not the
20father of the child, the court shall vacate any order entered under sub. (4) with
21respect to the man. The court shall notify the state registrar, in the manner provided
22in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
23birth certificate. No paternity action may thereafter be brought against the man
24with respect to the child.
AB100,1892,2
1(6) Applicability. (a) This section does not apply unless all of the following
2apply to the statement acknowledging paternity:
AB100,1892,43
1. The statement is made on a form prescribed by the state registrar for use
4beginning on January 1, 1998.
AB100,1892,55
2. The statement was signed and filed on or after January 1, 1998.
AB100,1892,96
3. The statement contains an attestation clause showing that both parties,
7before signing the statement, received oral and written notice of the legal
8consequences of, the rights and responsibilities arising from and the alternatives to,
9signing the statement.
AB100,1892,1310
(b) Parties who signed and filed a statement acknowledging paternity before
11January 1, 1998, may sign and file a new statement that fulfills the requirements
12under par. (a). Such a statement supersedes any statement previously filed with the
13state registrar and has the effects specified in this section.
AB100,1892,1614
(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
15beginning with forms for the acknowledgment of paternity that are prescribed by the
16state registrar on January 1, 1998.
AB100, s. 5085
17Section
5085. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
18Act .... (this act), is amended to read:
AB100,1893,1019
767.62
(4) (b) 3. a. In directing the manner of payment of a child's health care
20expenses, the court or family court commissioner may order that payment, including
21payment for health insurance premiums, be withheld from income and sent to the
22appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or
23sent to the
clerk of court or support collection
department or its designee, whichever
24is appropriate, for disbursement to the person for whom the payment has been
25awarded if that person is not a health care insurer, provider or plan. If the court or
1family court commissioner orders income withholding and assignment for the
2payment of health care expenses, the court or family court commissioner shall send
3notice of assignment in the manner provided under s. 767.265 (2r) and may include
4that notice of assignment with a notice of assignment under s. 767.265. The
clerk
5of court department or its designee, whichever is appropriate, shall keep a record of
6all moneys received and disbursed by the
clerk department or its designee for health
7care expenses that are directed to be paid to the
clerk and the support collection
8designee shall keep a record of all moneys received and disbursed by the support
9collection designee for health care expenses that are directed to be paid to the support
10collection department or its designee.
AB100, s. 5086
11Section
5086. 767.62 (4) (b) 4. b. of the statutes, as affected by 1997 Wisconsin
12Act .... (this act), is amended to read:
AB100,1893,1613
767.62
(4) (b) 4. b. Provide family coverage of health care expenses for the child,
14if eligible for coverage, upon application by the parent, the child's other parent, the
15department or the county child support agency under s. 59.53 (5)
, or upon receiving
16a notice under subd. 6.
AB100, s. 5087
17Section
5087. 767.62 (4) (b) 4. bm. of the statutes is created to read:
AB100,1893,2118
767.62
(4) (b) 4. bm. Inform the county child support agency under s. 59.53 (5)
19when coverage of the child under the health benefit plan is in effect and, upon
20request, provide copies of necessary program or policy identification to the child's
21other parent.
AB100, s. 5088
22Section
5088. 767.62 (4) (b) 6. of the statutes is created to read:
AB100,1894,223
767.62
(4) (b) 6. a. If a parent who has been ordered by a court to provide
24coverage of the health care expenses of a child changes employers, the county child
1support agency under s. 59.53 (5) shall provide notice of the order to the new
2employer and to the parent.
AB100,1894,123
b. The notice provided to the parent shall inform the parent that coverage for
4the child under the new employer's health benefit plan will be in effect upon the
5employer's receipt of the notice. The notice shall inform the parent that he or she
6may, within 10 days after receiving the notice, by motion request a hearing before
7the court on the issue of whether the order to provide coverage of the child's health
8care expenses should remain in effect. A motion under this subd. 6. b. may be heard
9by a family court commissioner. If the parent requests a hearing and the court or
10family court commissioner determines that the order to provide coverage of the
11child's health care expenses should not remain in effect, the court shall provide notice
12to the employer that the order is no longer in effect.
AB100, s. 5089
13Section
5089. 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
14Wisconsin Act .... (this act), is amended to read:
AB100,1894,2215
767.62
(4) (g) (intro.) A party ordered to pay child support under this subsection
16shall pay simple interest at the rate of 1.5% per month on any amount unpaid,
17commencing the first day of the 2nd month after the month in which the amount was
18due. Interest under this paragraph is in lieu of interest computed under s. 807.01
19(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 20department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
21clerk of court or support collection department or its designee, whichever is
22appropriate, shall apply all payments received for child support as follows:
AB100, s. 5090
23Section
5090. 767.62 (4) (g) 1. of the statutes, as affected by 1997 Wisconsin
24Act .... (this act), is amended to read:
AB100,1895,6
1767.62
(4) (g) 1. First, to payment of child support due within the calendar
2month during which the payment is withheld from income under s. 767.265 or under
3similar laws of another state. If payment is not made through income withholding,
4the
clerk or support collection department or its designee, whichever is appropriate,
5shall first apply child support payments received to payment of child support due
6within the calendar month during which the payment is received.
AB100, s. 5091
7Section
5091. 769.101 (7) of the statutes is amended to read:
AB100,1895,148
769.101
(7) "Initiating state" means a state
in from which a proceeding
is
9forwarded, or in which a proceeding is filed for forwarding, to a responding state 10under this chapter or a law
or procedure substantially similar to this chapter,
or
11under a law or procedure substantially similar to the
uniform reciprocal enforcement
12of support act or the revised uniform reciprocal enforcement of support act is filed for
13forwarding to a responding state Uniform Reciprocal Enforcement of Support Act or
14the Revised Uniform Reciprocal Enforcement of Support Act.
AB100, s. 5092
15Section
5092. 769.101 (16) of the statutes is amended to read:
AB100,1895,2216
769.101
(16) "Responding state" means a state
to in which a proceeding is
filed
17or to which a proceeding is forwarded
for filing from an initiating state under this
18chapter or a law substantially similar to this chapter,
or under a law or procedure
19substantially similar to the
uniform reciprocal enforcement of support act or the
20revised uniform reciprocal enforcement of support act Uniform Reciprocal
21Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
22Support Act.
AB100, s. 5093
23Section
5093. 769.101 (19) of the statutes is renumbered 769.101 (19) (intro.)
24and amended to read:
AB100,1896,4
1769.101
(19) (intro.) "State" means a state of the United States, the
district 2District of Columbia, the
commonwealth Commonwealth of Puerto Rico or any
3territory or insular possession subject to the jurisdiction of the United States. "State"
4includes
an all of the following:
AB100,1896,5
5(a) An Indian tribe
and includes a.
AB100,1896,10
6(b) A foreign jurisdiction that has
enacted a law or established procedures for
7issuance and enforcement of support orders that are substantially similar to the
8procedures under this chapter
or to the procedures under the Uniform Reciprocal
9Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
10Support Act.
AB100, s. 5094
11Section
5094. 769.207 (title) of the statutes is amended to read:
AB100,1896,12
12769.207 (title)
Recognition of controlling child support orders order.
AB100, s. 5095
13Section
5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m)
14(intro.) and amended to read:
AB100,1896,1915
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and
one 2 16or more child support orders have been issued
in
by tribunals of this
state or another
17state with regard to
an the same obligor and
a child, a tribunal of this state shall
18apply the following rules in determining which
child support order to recognize for
19purposes of continuing, exclusive jurisdiction:
AB100, s. 5096
20Section
5096. 769.207 (1) (a) of the statutes is repealed.
AB100, s. 5097
21Section
5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a)
22and amended to read:
AB100,1897,223
769.207
(1m) (a) If
2 or more tribunals have issued child support orders for the
24same obligor and child and only one of the tribunals would have continuing, exclusive
1jurisdiction under this chapter, the
child support order of that tribunal
is controlling
2and must be recognized.
AB100, s. 5098
3Section
5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b)
4and amended to read:
AB100,1897,105
769.207
(1m) (b) If
2 or more tribunals have issued child support orders for the
6same obligor and child and more than one of the tribunals would have continuing,
7exclusive jurisdiction under this chapter,
an a child support order issued by a
8tribunal in the current home state of the child must be recognized, but if
an a child
9support order has not been issued in the current home state of the child, the
child
10support order most recently issued
is controlling and must be recognized.
AB100, s. 5099
11Section
5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c)
12and amended to read:
AB100,1897,1713
769.207
(1m) (c) If
2 or more tribunals have issued child support orders for the
14same obligor and child and none of the tribunals would have continuing, exclusive
15jurisdiction under this chapter, the tribunal of this state
may having jurisdiction over
16the parties must issue a child support order, which
is controlling and must be
17recognized.
AB100, s. 5100
18Section
5100. 769.207 (1c) of the statutes is created to read:
AB100,1897,2119
769.207
(1c) If a proceeding is brought under this chapter and only one tribunal
20has issued a child support order, the child support order of that tribunal is controlling
21and must be recognized.
AB100, s. 5101
22Section
5101. 769.207 (1r) of the statutes is created to read:
AB100,1898,523
769.207
(1r) If 2 or more child support orders have been issued for the same
24obligor and child and if the obligor or the individual obligee resides in this state, a
25party may request a tribunal of this state to determine which child support order
1controls and must be recognized under sub. (1m). The request must be accompanied
2by a certified copy of every child support order issued for the obligor and child that
3is in effect. Every party whose rights may be affected by a determination of which
4child support order controls must be given notice of the request for that
5determination.
AB100, s. 5102
6Section
5102. 769.207 (2) of the statutes is amended to read:
AB100,1898,97
769.207
(2) The tribunal that
has issued
an the order
that is controlling and
8must be recognized under sub.
(1) (1c), (1m) or (1r) is the tribunal
having that has 9continuing, exclusive jurisdiction
in accordance with s. 769.205.
AB100, s. 5103
10Section
5103. 769.207 (3) of the statutes is created to read:
AB100,1898,1411
769.207
(3) A tribunal of this state that determines by order which child
12support order is controlling under sub. (1m) (a) or (b), or that issues a new child
13support order that is controlling under sub. (1m) (c), shall include in that order the
14basis upon which the tribunal made its determination.
AB100, s. 5104
15Section
5104. 769.207 (4) of the statutes is created to read:
AB100,1898,2216
769.207
(4) Within 30 days after the issuance of an order determining which
17child support order is controlling, the party that obtained the order shall file a
18certified copy of the order with each tribunal that had issued or registered an earlier
19child support order. Failure of the party obtaining the order to file a certified copy
20of the order as required by this subsection subjects the party to appropriate sanctions
21by a tribunal in which the issue of failure to file arises, but that failure has no effect
22on the validity or enforceability of the controlling child support order.
AB100, s. 5105
23Section
5105. 769.304 of the statutes is renumbered 769.304 (1).
AB100, s. 5106
24Section
5106. 769.304 (2) of the statutes is created to read:
AB100,1899,6
1769.304
(2) If a responding state has not enacted this chapter or a law or
2procedure substantially similar to this chapter, a tribunal of this state may issue a
3certificate or other documents and make findings required by the law of the
4responding state. If the responding state is a foreign jurisdiction, the tribunal may
5specify the amount of support sought and provide other documents necessary to
6satisfy the requirements of the responding state.
AB100, s. 5107
7Section
5107. 769.305 (1) of the statutes is amended to read:
AB100,1899,138
769.305
(1) Whenever a responding tribunal of this state receives a petition or
9comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it
10shall cause the petition or pleading to be filed and notify the petitioner
by 1st class
11mail, or if the petition was filed by a support enforcement agency, notify the support
12enforcement agency by any federally approved transmittal system, where and when
13it was filed.
AB100, s. 5108
14Section
5108. 769.305 (5) of the statutes is amended to read:
AB100,1899,1715
769.305
(5) If a responding tribunal of this state issues an order under this
16chapter, the tribunal shall send a copy of the order
by 1st class mail to the petitioner
17and the respondent and to the initiating tribunal, if any.
AB100, s. 5109
18Section
5109. 769.306 of the statutes is amended to read:
AB100,1899,24
19769.306 Inappropriate tribunal. If a petition or comparable pleading is
20received by an inappropriate tribunal of this state, it shall forward the pleading and
21accompanying documents to an appropriate tribunal in this state or another state
22and notify the petitioner
by 1st class mail, or if the petition was filed by a support
23enforcement agency, notify the support enforcement agency by any federally
24approved transmittal system, where and when the pleading was sent.
AB100, s. 5110
25Section
5110. 769.307 (2) (d) of the statutes is amended to read:
AB100,1900,3
1769.307
(2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal
2holidays, after receipt of a written notice from an initiating, responding or
3registering tribunal, send a copy of the notice
by 1st class mail to the petitioner.
AB100, s. 5111
4Section
5111. 769.307 (2) (e) of the statutes is amended to read:
AB100,1900,85
769.307
(2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal
6holidays, after receipt of a written communication from the respondent or the
7respondent's attorney, send a copy of the communication
by 1st class mail to the
8petitioner.
AB100, s. 5112
9Section
5112. 769.319 of the statutes is amended to read:
AB100,1900,15
10769.319 Receipt and disbursement of payments. A support enforcement
11agency
or,its designee or a tribunal of this state shall disburse promptly any amounts
12received under a support order, as directed by the order. The agency
or, its designee
13or the tribunal shall furnish to a requesting party or tribunal of another state a
14certified statement by the custodian of the record of the amounts and dates of all
15payments received.
AB100, s. 5113
16Section
5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the
17statutes is amended to read:
AB100,1900,1818
CHAPTER 769
AB100,1900,1919
SUBCHAPTER V
AB100,1900,22
20DIRECT ENFORCEMENT OF ORDER
21
OF ANOTHER STATE
22
WITHOUT REGISTRATION
AB100, s. 5114
23Section
5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and
24amended to read:
AB100,1901,5
1769.501 (title)
Recognition Employer's receipt of income-withholding
2order of another state. An income-withholding order issued in another state may
3be sent
by 1st class mail to the obligor's employer without first filing a petition or
4comparable pleading or registering the
income-withholding order with a tribunal of
5this state.
Upon receipt of the order, the employer shall do all of the following:
AB100, s. 5115
6Section
5115. 769.501 (1) (a) of the statutes is repealed.
AB100, s. 5116
7Section
5116. 769.501 (1) (b) of the statutes is repealed.
AB100, s. 5117
8Section
5117. 769.501 (1) (c) of the statutes is repealed.
AB100, s. 5118
9Section
5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and
10amended to read:
AB100,1901,1411
769.506
(1) An obligor may contest the validity or enforcement of an
12income-withholding order issued in another state
and received directly by an
13employer in this state in the same manner as if the order had been issued by a
14tribunal of this state. Section 769.604 applies to the contest.
AB100,1901,15
15(2) The obligor shall give notice of the contest to
any all of the following:
AB100,1901,17
16(a) A support enforcement agency providing services to the obligee
and to either
17of the following:.
AB100, s. 5119
18Section
5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and
19amended to read:
AB100,1901,2120
769.506
(2) (c)
The Except as provided in par. (d), the person or agency
21designated to receive payments in the income-withholding order.