AB442: Bill Text

AB442,24,13 767.24 (6) (c) In making an order of joint legal custody and periods of physical placement, the The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purpose of determining eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161 or for any other purpose the court considers appropriate only if both parents are dependent persons, as defined in s. 49.01 (2).

AB442, s. 79 Section 79. 767.245 (1) of the statutes is amended to read:

AB442,24,21 767.245 (1) Except as provided in sub. (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that by a preponderance of the evidence that the visitation is in the best interest of the child not harmful to the child or to the child's relationship with either of the child's parents.

AB442, s. 80 Section 80. 767.245 (2) of the statutes is repealed.

AB442, s. 81 Section 81. 767.245 (3) (intro.) of the statutes is amended to read:

AB442,25,2 767.245 (3) (intro.) The court may grant reasonable visitation rights, with respect to a child, to a grandparent of the child if the child's parents have notice of the hearing and the court determines, by a preponderance of the evidence, all of the following:

AB442, s. 82 Section 82. 767.245 (3) (f) of the statutes is amended to read:

AB442,25,5 767.245 (3) (f) The visitation is in the best interest of the child not harmful to the child or to the child's relationship with either of the child's parents.

AB442, s. 83 Section 83. 767.245 (3m) (c) of the statutes is amended to read:

AB442,25,9 767.245 (3m) (c) If a party or the any guardian ad litem appointed under s. 48.235 refuses to accept a recommendation under this subsection, the action shall be set for trial.

AB442, s. 84 Section 84. 767.25 (2) of the statutes is amended to read:

AB442,25,14 767.25 (2) The court may protect and promote the best interests of the minor children by setting set aside a portion of the child support which either party is ordered to pay in a separate fund or trust for the support, education and welfare of such children.

AB442, s. 85 Section 85. 767.255 (1) of the statutes is amended to read:

AB442,25,24 767.255 (1) Upon every judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide the property of the parties and divest and transfer the title of any such property accordingly. A certified copy of the portion of the judgment that affects title to real estate shall be recorded in the office of the register of deeds of the county in which the lands so affected are situated. The court may protect and promote the best interests of the children by setting set aside a portion of the property of the parties in a separate fund or trust for the support, maintenance, education and general welfare of any minor children of the parties.

AB442, s. 86 Section 86. 767.265 (3h) of the statutes is amended to read:

AB442,26,13 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the clerk of court or support collection designee, whichever is appropriate, of the jurisdiction providing notice or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court or support collection designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

AB442, s. 87 Section 87. 767.265 (4) of the statutes is amended to read:

AB442,26,17 767.265 (4) A withholding assignment or order under this section or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) has priority over any other assignment, garnishment or similar legal process under state law.

AB442, s. 88 Section 88. 767.265 (6) (a) of the statutes is amended to read:

AB442,27,2 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the clerk of court or support collection designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB442, s. 89 Section 89. 767.265 (6) (b) of the statutes is amended to read:

AB442,27,9 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the clerk of court or support collection designee, whichever is appropriate, within 10 days after an employe is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB442, s. 90 Section 90. 767.265 (6) (c) of the statutes is amended to read:

AB442,27,19 767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department for enforcement of this paragraph.

AB442, s. 91 Section 91. 767.325 (1) of the statutes is repealed and recreated to read:

AB442,27,23 767.325 (1) Modifications. (a) The court shall modify an order of physical placement in a way that alters the time a parent may spend with his or her child or an order of legal custody if any of the following applies:

AB442,27,25 1. A parent requests a modification and the current order is not in conformity with s. 767.24.

AB442,28,2 2. The parental rights of a parent have been terminated under subch. VIII of ch. 48.

AB442,28,3 3. The parties agree to a modification.

AB442,28,4 (b) A modification under this subsection shall be consistent with s. 767.24.

AB442, s. 92 Section 92. 767.325 (2) of the statutes is repealed.

AB442, s. 93 Section 93. 767.325 (3) of the statutes is repealed.

AB442, s. 94 Section 94. 767.325 (4) of the statutes is repealed.

AB442, s. 95 Section 95. 767.327 of the statutes is repealed and recreated to read:

AB442,28,15 767.327 Moving the child's residence outside the school district and other removals. (1) Except as provided in sub. (5), if both parents of a child in an action affecting the family are awarded physical placement rights to the child, neither parent may establish a legal residence for the child outside the school district in which the child resided on the 180th day before the commencement of the action affecting the family, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties.

AB442,28,22 (2) (a) A parent specified in sub. (1) who wishes to establish his or her legal residence outside the state or at any location within the state that is at a distance of 150 miles or more from the school district in which the child resided on the 180th day before the commencement of the action affecting the family, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties, shall provide not less than 60 days' written notice to the other parent, with a copy to the court, of his or her intent regarding changing his or her legal residence.

AB442,29,2 (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location of the move, and that the other parent may request a modification to the physical placement order as provided in sub. (3).

AB442,29,6 (3) If the proposed move under sub. (2) would make it difficult or impractical for the parties to comply with the physical placement order and at the same time for the child to remain in the same school district, either party may file a petition, motion or order to show cause for modification of the physical placement order.

AB442,29,11 (4) (a) If after a notice under sub. (2) has been sent or a petition, motion or order to show cause under sub. (3) has been filed the parties agree to a modification of the physical placement order or to a change in the child's school district and file a stipulation with the court, the court shall approve the agreement and incorporate the terms of the stipulation into a revised order.

AB442,29,14 (b) If the parties do not agree to a modification after a petition, motion or order to show cause under sub. (3) has been filed, the court may modify the physical placement order, subject to all of the following:

AB442,29,18 1. The parent not proposing the move shall be awarded periods of physical placement that include weekdays and weeknights when school is in session, at least one weekend per month, at least 4 weeks during the summer months when school is not in session and alternating holidays.

AB442,29,20 2. The parent proposing the move shall be awarded the maximum amount of physical placement that is reasonable under the circumstances.

AB442,29,22 3. The parent proposing the move shall be responsible for the transportation costs of exercising his or her physical placement rights.

AB442,30,2 (5) The court may allow a parent specified in sub. (1) to establish a legal residence for the child outside the school district in which the child resided on the 180th day before the commencement of the action affecting the family, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties, if all of the following apply:

AB442,30,4 (a) The parent desiring to establish a different legal residence for the child files a petition, motion or order to show cause for that purpose.

AB442,30,6 (b) The other parent has notice of the hearing on the petition, motion or order to show cause.

AB442,30,10 (c) The parent desiring to establish a different legal residence for the child shows by clear and convincing evidence that, for a period of at least one year, the other parent has exercised his or her physical placement rights for less than 10% of the amount of time that he or she was awarded by the court.

AB442,30,18 (6) Notwithstanding sub. (1), if both parents specified in sub. (1) wish to establish their legal residences or a legal residence for the child outside the current school district of the child and do not agree on a new school district for the child, the court may designate one of the new legal residences of the parents as the child's legal residence for the purpose of establishing a new school district for the child. In making the determination under this subsection, the court shall specify as the child's legal residence the location that the court determines will maximize the amount of time that each parent may spend with the child.

AB442,30,25 (7) Notwithstanding sub. (1), if a parent specified in sub. (1) has established his or her legal residence outside the state or at a location within the state that is at a distance of 150 miles or more from the child's current school district, the court may allow the parent whose legal residence is in the child's current school district to establish a legal residence for the child outside the child's current school district if the move does not increase the distance between the child and the other parent and the other parent does not wish to move back to the child's current school district.

AB442,31,3 (8) Unless the parents agree otherwise, a parent with legal custody and physical placement rights shall notify and obtain the written approval of the other parent before removing the child from the state for a period of 14 days or more.

AB442, s. 96 Section 96. 767.33 (1m) (a) of the statutes is renumbered 767.33 (1m) and amended to read:

AB442,31,9 767.33 (1m) Except as provided in par. (b), this This section applies only to an order under s. 767.23 or 767.25 in which payment is expressed as a fixed sum. It does not apply to such an order in which payment is expressed as a percentage of parental income.

AB442, s. 97 Section 97. 767.33 (1m) (b) of the statutes is repealed.

AB442, s. 98 Section 98. 767.45 (1) (d) of the statutes is amended to read:

AB442,31,14 767.45 (1) (d) A man alleged or alleging himself to be the father of the child, including a man against whom an action was dismissed under s. 767.458 (1m), 1995 stats., before the effective date of this paragraph .... [revisor inserts date].

AB442, s. 99 Section 99. 767.45 (1) (i) of the statutes is amended to read:

AB442,31,17 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235, 767.045 (1) (c) (2) (a) or 938.235.

AB442, s. 100 Section 100. 767.45 (2) of the statutes is repealed.

AB442, s. 101 Section 101. 767.458 (1) (b) of the statutes is amended to read:

AB442,31,25 767.458 (1) (b) If the respondent is unable to afford counsel due to indigency, and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the appointment of counsel;

AB442, s. 102 Section 102. 767.458 (1) (c) of the statutes is amended to read:

AB442,32,5 767.458 (1) (c) Except as provided under sub. (1m), the The respondent may request the administration of genetic tests which either demonstrate that he is not the father of the child or which demonstrate the probability that he is or is not the father of the child;

AB442, s. 103 Section 103. 767.458 (1) (d) of the statutes is amended to read:

AB442,32,8 767.458 (1) (d) Except as provided under sub. (1m), the The court will order genetic tests upon the request of any party; and

AB442, s. 104 Section 104. 767.458 (1m) of the statutes is repealed.

AB442, s. 105 Section 105. 767.46 (2) (c) of the statutes is amended to read:

AB442,32,14 767.46 (2) (c) If the alleged father voluntarily acknowledges paternity of the child, that he agree to the duty of support, the legal custody of the child, periods of physical placement of the child and other matters as determined to be in the best interests of the child by the court.

AB442, s. 106 Section 106. 767.46 (4) of the statutes is amended to read:

AB442,32,20 767.46 (4) If a party or the any guardian ad litem appointed under s. 48.235 or 767.475 (1) refuses to accept a recommendation made under this section and genetic tests have not yet been taken, the court shall require the appropriate parties to submit to genetic tests. After the genetic tests have been taken the court shall make an appropriate final recommendation.

AB442, s. 107 Section 107. 767.46 (5) of the statutes is amended to read:

AB442,32,24 767.46 (5) If the any guardian ad litem appointed under s. 48.235 or 767.475 (1) or any party refuses to accept any final recommendation, the action shall be set for trial.

AB442, s. 108 Section 108. 767.465 (2m) (a) of the statutes is amended to read:

AB442,33,7 767.465 (2m) (a) At any time after service of the summons and petition, a respondent who is the alleged father may, with or without appearance in court and subject to the approval of the court, in writing acknowledge that he has read and understands the notice under s. 767.455 (5g) and stipulate that he is the father of the child and for child support payments, legal custody and physical placement. The court may not approve a stipulation for child support unless it provides for payment of child support determined in a manner consistent with s. 767.25 or 767.51.

AB442, s. 109 Section 109. 767.475 (1) of the statutes is amended to read:

AB442,33,12 767.475 (1) Except as provided in s. 767.045 (1) (c), the The court may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a minor parent or minor who is alleged to be a parent in a paternity proceeding unless the minor parent or the minor alleged to be the parent is represented by an attorney.

AB442, s. 110 Section 110. 767.51 (3) of the statutes is amended to read:

AB442,34,3 767.51 (3) The judgment or order may contain any other provision directed against the appropriate party parties to the proceeding, concerning the duty of support, the legal custody and guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Unless the court orders otherwise, if there is no presumption of paternity under s. 891.41 the mother shall have sole legal custody of the child. The court shall order either party or both to pay for the support of any child of the parties who is less than 19 years old and is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The judgment or order may direct the father to pay or contribute make an equal contribution to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may shall direct either party both parties to pay or contribute to the costs of genetic tests, attorney fees and other costs. Contributions to the costs of genetic tests shall be paid to the county which paid for the genetic tests.

AB442, s. 111 Section 111. 767.51 (4) of the statutes is amended to read:

AB442,34,11 767.51 (4) Support judgments or orders ordinarily shall be for periodic payments which may vary in amount if appropriate. The payment amount may be expressed as a percentage of the parent's income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of the parent's income or a fixed sum. The father's liability for past support of the child shall be limited to support for the period after the birth of the child paternity has been adjudicated.

AB442, s. 112 Section 112. 767.51 (5) (e) of the statutes is amended to read:

AB442,34,14 767.51 (5) (e) The need and capacity of the child for education, including higher education.

AB442, s. 113 Section 113. 767.51 (5) (i), (im) and (j) of the statutes are repealed.

AB442, s. 114 Section 114. 767.51 (6) of the statutes is amended to read:

AB442,34,19 767.51 (6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29, 767.293, 767.30, 767.305, 767.31, 767.32 and, 767.325, 767.327 and 767.329, where applicable, shall apply to a judgment or order under this section.

AB442, s. 115 Section 115. 767.52 (1) of the statutes is amended to read:

AB442,35,3 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

AB442, s. 116 Section 116. 767.53 (3) of the statutes is created to read:

AB442,35,6 767.53 (3) The records of any past proceeding in which paternity was established are open to public inspection under ss. 19.31 to 19.39.

AB442, s. 117 Section 117. 769.302 of the statutes is amended to read: