SB494: Bill Text

SB494,222,11 b. Section 767.265 (4) applies to a garnishment based on a judgment obtained under subd. 5. a.

SB494,222,16 6. a. If a parent who provides coverage of the health care expenses of a child under an order under this paragraph 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.

SB494,223,2 b. 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 subd. 6. b. 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health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

SB494,223,10 (c) 1. In making an order of legal custody under par. (a), the court or family court commissioner shall require a parent who is not granted legal custody to provide to the court medical and medical history information that is known to the parent. If the court or family court commissioner orders joint legal custody, the court or family court commissioner shall require each parent to provide to the court medical and medical history information that is known to the parent. The court shall keep the information confidential and may release it only as provided in this paragraph. The information provided shall include all of the following:

SB494,223,17 a. The known medical history of the parent providing the information, including specific information about stillbirths or congenital anomalies in the parent's family, and the medical histories, if known, of the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical history information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.

SB494,223,19 b. A report of any medical examination that the parent providing the information had within one year before the date of the order.

SB494,224,2 2. Upon the joint written request of a physician and a parent or other person with legal custody of the child, the court shall release the information provided under subd. 1. to a physician designated in the request. The physician joining in the request need not be the same physician designated in the request. The physician to whom the information is released shall keep the information confidential, but may release to the parent or other person with legal custody who made the request under this subdivision only that portion of the information that the physician determines is relevant to the child's medical condition.

SB494,224,5 (d) 1. Except as provided in par. (e), the court or family court commissioner shall determine child support payments under par. (a) by using the percentage standard established by the department under s. 49.22 (9).

SB494,224,10 2. In determining child support payments under par. (a), the court or family court commissioner may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5).

SB494,224,16 3. Support orders under par. (a) 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.

SB494,224,21 (e) Upon request by a party, the court or family court commissioner may modify the amount of child support payments determined under par. (d) if, after considering the following factors, the court or family court commissioner finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to the requesting party:

SB494,224,22 1. The needs of the child.

SB494,224,24 2. The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under par. (b).

SB494,225,4 3. The standard of living and circumstances of the parents, including whether a parent receives maintenance payments under s. 767.26 and the needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

SB494,225,5 4. The relative financial means of the parents.

SB494,225,8 5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

SB494,225,9 6. The need and capacity of the child for education, including higher education.

SB494,225,10 7. The age of the child.

SB494,225,11 8. The financial resources and the earning ability of the child.

SB494,225,12 9. Any physical custody arrangement ordered or decided upon.

SB494,225,14 10. Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

SB494,225,15 11. The responsibility of the parents for the support of others.

SB494,225,16 12. The value of services contributed by the custodial parent.

SB494,225,17 13. The best interests of the child.

SB494,225,19 14. Any other factors that the court or family court commissioner in each case determines are relevant to the best interests of the child.

SB494,226,2 (f) If the court or family court commissioner finds under par. (e) that use of the percentage standard is unfair to the child or the requesting party, the court or family court commissioner shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's or family court commissioner's order deviates from that amount, the reasons for finding that use of the percentage standard is unfair to the child or the party, the reasons for the amount of the modification and the basis for the modification.

SB494,226,12 (g) A party ordered to pay child support under this subsection 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 beginning after the month in which the amount was due. Interest under this paragraph 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:

SB494,226,14 1. First, to payment of child support due within the calendar month during which the payment is received.

SB494,226,16 2. Second, to payment of unpaid child support due before the payment is received.

SB494,226,17 3. Third, to payment of interest accruing on unpaid child support.

SB494,226,22 (5) Voiding determination. (a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

SB494,227,3 (b) If a court in a proceeding under par. (a) determines that the man is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man. The court shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man with respect to the child.

SB494,227,5 (6) Applicability. (a) This section does not apply unless all of the following apply to the statement acknowledging paternity:

SB494,227,7 1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.

SB494,227,8 2. The statement was signed and filed on or after April 1, 1998.

SB494,227,12 3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

SB494,227,16 (b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.

SB494,227,19 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on April 1, 1998.

SB494, s. 489 Section 489 . 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB494,228,10 767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care expenses, the court or family court commissioner may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court or family court commissioner orders income withholding and assignment for the payment of health care expenses, the court or family court commissioner shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include that notice of assignment with a notice of assignment under s. 767.265. The department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the department or its designee for health care expenses that are directed to be paid to the department or its designee.

SB494, s. 490 Section 490 . 767.62 (4) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB494,228,21 767.62 (4) (g) (intro.) A party ordered to pay child support under this subsection 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 beginning after the month in which the amount was due. Interest under this paragraph 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:

SB494, s. 491 Section 491. 802.12 (3) (d) 1. of the statutes is amended to read:

SB494,228,24 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

SB494, s. 492 Section 492. 802.12 (3) (d) 3. of the statutes is amended to read:

SB494,229,2 802.12 (3) (d) 3. Child support under s. 767.25 or s., 767.458 (3), 767.51 or 767.62 (4) (a).

SB494, s. 493 Section 493. 808.075 (4) (d) 9. of the statutes is amended to read:

SB494,229,5 808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62 (4).

SB494, s. 494 Section 494. 808.075 (4) (d) 10. of the statutes is amended to read:

SB494,229,8 808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62 (4).

SB494, s. 495 Section 495. 808.075 (4) (d) 11. of the statutes is amended to read:

SB494,229,11 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25 (4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.

SB494, s. 496 Section 496. 815.19 (2) of the statutes is amended to read:

SB494,229,20 815.19 (2) If the property seized is an automobile which is appraised and can be sold for more than $1,000 or if the property seized is a tractor used in farming operations which is appraised and can be sold for more than $1,500, the officer may sell such automobile or tractor and out of the proceeds of such sale the officer shall pay to the debtor or the debtor's spouse the exempted value of such automobile or tractor. The balance of the proceeds of such sale shall be applied on the execution or attachment. This subsection does not apply to automobiles or tractors levied against under s. 49.854.

SB494, s. 497 Section 497. 815.20 (1) of the statutes is amended to read:

SB494,230,13 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment and from liability for the debts of the owner to the amount of $40,000, except mortgages, laborers', mechanics' and purchase money liens, liens under s. 49.854 and taxes and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $40,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife jointly or in common or as marital property, and when they reside in the same household may be claimed by either or may be divided in any proportion between them, but the exemption may not exceed $40,000 for the household. If the husband and wife fail to agree on the division of exemption, the exemption shall be divided between them by the court in which the first judgment was taken. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

SB494, s. 498 Section 498. 852.05 (2) of the statutes is amended to read:

SB494,230,18 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or has been determined to be the father under s. 767.62 (1).

SB494, s. 499 Section 499. 885.01 (5) of the statutes is created to read:

SB494,230,22 885.01 (5) By the department of workforce development or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB494, s. 500 Section 500. 891.39 (1) (a) of the statutes is amended to read:

SB494,231,11 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB494, s. 501 Section 501. 891.405 of the statutes is amended to read:

SB494,231,16 891.405 Presumption of paternity based on acknowledgment. A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed to be the father under s. 891.41 (1).

SB494, s. 502 Section 502. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1) (b), as renumbered, is amended to read:

SB494,231,23 891.41 (1) (b) He and the child's natural mother were married to each other after the child was born but he and the child's natural mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated to be the father or presumed to be the father of the child under sub. (1) par. (a).

SB494, s. 503 Section 503. 891.41 (2) of the statutes is created to read:

SB494,232,6 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man other than the man presumed to be the father under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher, even if the man presumed to be the father under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB494, s. 504 Section 504. 895.48 (title) of the statutes is amended to read:

SB494,232,10 895.48 (title) Civil liability exemption; emergency care, health care at athletic events and health care, hazardous substances and information concerning paternity.

SB494, s. 505 Section 505. 895.48 (3) of the statutes is created to read:

SB494,232,20 895.48 (3) Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

SB494, s. 506 Section 506. 938.02 (13) of the statutes is amended to read:

SB494,233,2 938.02 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding adjudicated or acknowledged to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

SB494, s. 507 Section 507. 938.363 (1) of the statutes is amended to read:

SB494,234,9 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 (9) 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child.

SB494, s. 508 Section 508. 938.396 (4) of the statutes is amended to read:

SB494,234,20 938.396 (4) When a court revokes, suspends or restricts a juvenile's operating privilege under this chapter, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies. This subsection does not apply to any information requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 509 Section 509. 948.22 (4) (b) of the statutes is amended to read:

SB494,235,3 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of health and family services workforce development under s. 46.25 (9) (a) 49.22 (9) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

SB494, s. 510 Section 510. 977.06 (4) (bm) of the statutes is created to read:

SB494,235,9 977.06 (4) (bm) The state public defender shall provide information from any statement, affidavit or other information provided by a person regarding financial eligibility under s. 977.07 in response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 511 Section 511. 977.06 (4) (c) of the statutes is amended to read:

SB494,235,14 977.06 (4) (c) Paragraph (b) does Paragraphs (b) and (bm) do not limit the authority of the state public defender to release a copy of the a statement, affidavit or other information regarding financial eligibility under s. 977.07 under other circumstances.

SB494, s. 512 Section 512. Laws of 1937, chapter 201, section 11, as last amended by chapter 267, laws of 1963, is amended to read:

SB494,236,9 [Laws of 1937, chapter 201] Section 11. All Except as provided in section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section 767.265 of the statutes, as affected by 1997 Wisconsin Act .... (this act), all moneys and assets of the retirement system and all benefits and allowances, and every portion thereof, both before and after payment to any beneficiary, granted under the retirement system shall be exempt from any state, county or municipal tax, and from attachment or garnishment process, and shall not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under the retirement system, and no member of or beneficiary under the retirement system shall have any right to assign his benefit or allowance, or any part thereof, either by way of mortgage or otherwise, provided, however, that the annuity and pension board may at its option and under rules and regulations promulgated by it permit retired members to assign a portion of their retirement allowance for the regular monthly payment of medical, surgical and hospital care. The exemption from taxation contained herein shall not apply with respect to any tax on income.

SB494, s. 513 Section 513. Laws of 1937, chapter 201, section 21b is created to read:

SB494,236,13 [Laws of 1937, chapter 201] Section 21b. Notwithstanding Section 21, no county may enact an ordinance that prevents a retirement system from complying with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).

SB494, s. 514 Section 514. 1997 Wisconsin Act 27, section 631 is repealed.