AB651: Bill Text

AB651, s. 382 Section 382. 633.14 (1) (d) of the statutes is created to read:

AB651,180,19 633.14 (1) (d) Provides his or her social security number.

AB651, s. 383 Section 383. 633.14 (2c) of the statutes is created to read:

AB651,180,24 633.14 (2c) The commissioner may disclose a social security number obtained under sub. (1) (d) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

AB651, s. 384 Section 384. 633.14 (2m) of the statutes is created to read:

AB651,181,9 633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

AB651, s. 385 Section 385. 633.15 (1m) of the statutes is created to read:

AB651,181,14 633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

AB651, s. 386 Section 386. 633.15 (2) (a) (title) of the statutes is amended to read:

AB651,181,17 633.15 (2) (a) (title) Nonpayment of annual renewal fee or failure to provide social security number.

AB651, s. 387 Section 387. 633.15 (2) (a) 1. of the statutes is amended to read:

AB651,181,24 633.15 (2) (a) 1. If an administrator fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number as required under sub. (1m), the commissioner shall suspend the administrator's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator reasonable notice of when the fee must be paid to avoid suspension.

AB651, s. 388 Section 388. 633.15 (2) (a) 2. of the statutes is amended to read:

AB651,182,5 633.15 (2) (a) 2. If, within 60 days from the effective date of suspension under subd. 1., an administrator pays the annual renewal fee within 60 days from the effective date of suspension under subd. 1. or provides the social security number, or both if the suspension was based upon a failure to do both, the commissioner shall reinstate the administrator's license effective as of the date of suspension.

AB651, s. 389 Section 389. 633.15 (2) (a) 3. of the statutes is amended to read:

AB651,182,9 633.15 (2) (a) 3. If payment is not made or the social security number is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's license.

AB651, s. 390 Section 390. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

AB651,182,13 633.15 (2) (b) 1. (intro.) The Except as provided in par. (c), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

AB651, s. 391 Section 391. 633.15 (2) (c) of the statutes is created to read:

AB651,182,23 633.15 (2) (c) Failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend, limit or refuse to renew a license issued under this section to an individual if the individual is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

AB651, s. 392 Section 392. 751.15 of the statutes is created to read:

AB651,183,3 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 49.857.

AB651,183,8 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of workforce development for the purpose of administering s. 49.22.

AB651,183,17 (3) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB651, s. 393 Section 393. 757.69 (1) (n) of the statutes is created to read:

AB651,183,20 757.69 (1) (n) Hold hearings, make findings and issue orders under s. 49.856 (4).

AB651, s. 394 Section 394. 765.09 (2) of the statutes is amended to read:

AB651,183,25 765.09 (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.

AB651, s. 395 Section 395. 765.09 (3) of the statutes is amended to read:

AB651,184,18 765.09 (3) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such applications in the county and state where the party resides. The application shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services directs. The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, to a judge of a court of record in the county of application.

AB651, s. 396 Section 396. 765.13 of the statutes is amended to read:

AB651,185,4 765.13 Form of marriage document. The marriage document shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. It shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued.

AB651, s. 397 Section 397. 767.027 of the statutes is created to read:

AB651,185,9 767.027 Notice and service of process requirements. In any action under s. 767.02 (1) (i) to enforce a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:

AB651,185,10 (1) That a diligent effort was made to ascertain the location of the respondent.

AB651,185,13 (2) That written notice of the action to the respondent was delivered to the most recent residential address or employer address provided by the respondent under s. 767.263 (2) to the clerk of court or support collection designee.

AB651, s. 398 Section 398. 767.027 (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB651,185,19 767.027 (2) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.263 (2) to the clerk of court or support collection designee county child support agency under s. 59.53 (5).

AB651, s. 399 Section 399. 767.045 (1) (c) (intro.) of the statutes is amended to read:

AB651,186,2 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated or acknowledged for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

AB651, s. 400 Section 400. 767.078 (1) (a) 1. of the statutes is amended to read:

AB651,186,6 767.078 (1) (a) 1. Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

AB651, s. 401 Section 401. 767.078 (2) of the statutes is amended to read:

AB651,186,12 767.078 (2) Subsection (1) does not limit the authority of a court to issue an order, other than an order under sub. (1), regarding employment of a parent in an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

AB651, s. 402 Section 402. 767.085 (1) (b) of the statutes is amended to read:

AB651,186,16 767.085 (1) (b) The name and, birthdate and social security number of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant.

AB651, s. 403 Section 403. 767.25 (4) of the statutes is amended to read:

AB651,186,21 767.25 (4) The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old and if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.

AB651, s. 404 Section 404 . 767.25 (4m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651,187,2 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1.

AB651, s. 405 Section 405 . 767.25 (4m) (d) 2m. of the statutes is created to read:

AB651,187,7 767.25 (4m) (d) 2m. Notify the county child support agency under s. 59.53 (5) when coverage of the child under the health benefit plan is in effect and, upon request, provide copies of necessary program or policy identification to the child's other parent.

AB651, s. 406 Section 406. 767.25 (4m) (f) of the statutes is created to read:

AB651,187,13 767.25 (4m) (f) 1. If a parent who provides coverage of the health care expenses of a child under an order under this subsection changes employers and that parent has a court-ordered child support obligation with respect to the child, the county child support agency under s. 59.53 (5) shall provide notice of the order to provide coverage of the child's health care expenses to the new employer and to the parent.

AB651,187,23 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family court commissioner. If the parent requests a hearing and the court or family court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

AB651, s. 407 Section 407. 767.25 (6) (intro.) of the statutes is amended to read:

AB651,188,10 767.25 (6) (intro.)  A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB651, s. 408 Section 408. 767.25 (6) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB651,188,21 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB651, s. 409 Section 409. 767.25 (6) (a) of the statutes is amended to read:

AB651,189,3 767.25 (6) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB651, s. 410 Section 410. 767.253 of the statutes is amended to read:

AB651,189,9 767.253 Seek-work orders. In an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a), the court may order either or both parents of the child to seek employment or participate in an employment or training program.

AB651, s. 411 Section 411. 767.254 (2) (intro.) of the statutes is amended to read:

AB651,189,14 767.254 (2) (intro.) In an action for revision of a judgment or order providing for child support under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a), the court shall order an unemployed teenage parent to do one or more of the following:

AB651, s. 412 Section 412. 767.261 (intro.) of the statutes is amended to read:

AB651,190,2 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB651, s. 413 Section 413. 767.261 (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB651,190,16 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB651, s. 414 Section 414. 767.261 (1) of the statutes is amended to read:

AB651,190,23 767.261 (1) First, to payment of family support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection designee, whichever is appropriate, shall first apply family support payments received to payment of family support due within the calendar month during which the payment is received.

AB651, s. 415 Section 415. 767.263 (title) of the statutes is amended to read:

AB651,191,2 767.263 (title) Notice of change of employer;, change of address ; and change in ability to pay; other information.

AB651, s. 416 Section 416. 767.263 of the statutes is renumbered 767.263 (1).

AB651, s. 417 Section 417. 767.263 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB651,191,15 767.263 (1) Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the county child support agency under s. 59.53 (5) of any change of address within 10 days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the county child support agency under s. 59.53 (5), within 10 days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.

AB651, s. 418 Section 418. 767.263 (2) of the statutes is created to read:

AB651,191,22 767.263 (2) When an order is entered under sub. (1), each party shall provide to the clerk of court or support collection designee his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the clerk of court or support collection designee of any change in the information provided under this subsection within 10 days after the change.

AB651, s. 419 Section 419. 767.263 (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB651,192,7 767.263 (2) When an order is entered under sub. (1), each party shall provide to the clerk of court or support collection designee county child support agency under s. 59.53 (5) his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the clerk of court or support collection designee county child support agency under s. 59.53 (5) of any change in the information provided under this subsection within 10 days after the change.

AB651, s. 420 Section 420 . 767.265 (1) of the statutes is amended to read:

AB651,192,24 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court or support collection designee of the county where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB651, s. 421 Section 421. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB651,193,17 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB651, s. 422 Section 422. 767.265 (2h) of the statutes is amended to read:

AB651,194,11 767.265 (2h) If a court-ordered assignment does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or family support payment within 10 days after its due date, within 20 days after the payment's due date the court or family court commissioner shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this section subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. If the payer does not request a hearing, the court or family court commissioner shall send notice of the assignment to the person from whom the payer receives or will receive money. Either party may, within 15 working days after the date of the a decision by a family court commissioner under this section subsection, seek review of the decision by the court with jurisdiction over the action.

AB651, s. 423 Section 423. 767.265 (2r) of the statutes is amended to read:

AB651,195,2 767.265 (2r) Upon entry of each order for child support, maintenance, family support or support by a spouse and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the clerk of court or support collection designee, whichever is appropriate, does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

AB651, s. 424 Section 424. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read: