Analysis by the Legislative Reference Bureau
Current law establishes the powers and duties of family, juvenile, probate and
part-time court commissioners. In addition, current law establishes how these court
commissioners are appointed, who determines how many court commissioners shall
be appointed and whether they are classified or unclassified within their respective
counties. Currently, some of the powers of each of the different court commissioners
are specified in the statutes related to their subject area, such as juvenile court
commissioners' duties in chapter 48 and 938 of the statutes. Other duties of these
court commissioners are specified in the general court statutes.
In supreme court order 97-10, the supreme court created chapter 75 of the
supreme court rules. Those rules, effective January 1, 1999, create two types of court
commissioners, circuit court commissioners (formerly included family, juvenile,
small claims and probate court commissioners) and supplemental court
commissioners (formerly part-time court commissioners). Under these rules, all
circuit commissioners are appointed by the chief judge of their judicial
administrative district. The powers of those circuit court commissioners are as
specified by statute, except that the chief judge may, under the rules, authorize the
powers that a specific circuit court commissioner may perform. Chapter 75 of the
supreme court rules also authorizes the chief judge to allow a supplemental court
commissioner to perform specific duties of a circuit court commissioner on a
temporary basis.
This bill consolidates all of the powers and duties of court commissioners into
one chapter of the statutes and codifies chapter 75 of the supreme court rules related
to the appointment and authority of court commissioners. The bill creates two types
of court commissioners, circuit court commissioners and supplemental court
commissioners, and gives the chief judge of the judicial administrative district the
power to appoint the circuit court commissioners. The bill does not change any of the
powers and duties currently provided to court commissioners, but does specify that
circuit court commissioners have, in addition to their own specified powers and
duties, all of those powers and duties provided to supplemental court commissioners,
as court commissioners have under current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB380, s. 1
1Section
1. 13.24 (1) of the statutes is amended to read:
AB380,5,82
13.24
(1) After the service of the notice required by s. 13.23 either party may
3proceed to take the depositions of witnesses before any judge,
circuit or supplemental 4court commissioner or a municipal judge in the district where the contest is pending,
5upon giving 10 days' notice in writing to the opposite party of the time and place at
6which and the officer before whom such depositions will be taken. No deposition
7shall be taken after the last Monday preceding the day fixed by law for the meeting
8of the legislature, except in case of sickness or unavoidable absence of witnesses.
AB380, s. 2
9Section
2. 17.16 (1) of the statutes is repealed and recreated to read:
AB380,5,1310
17.16
(1) Removals from office at pleasure shall be made by order, a copy of
11which shall be filed as provided by sub. (8), except that a copy of the order of removal
12of a circuit court commissioner shall be filed in the office of the clerk of the circuit
13court.
AB380, s. 3
14Section
3. 19.01 (4) (c) of the statutes is amended to read:
AB380,5,1815
19.01
(4) (c) In the office of the clerk of the circuit court for any county: Of all
16circuit and supplemental court commissioners,
of all family court commissioners, of
17all municipal judges, and of all other judges or judicial officers elected or appointed
18for that county, or whose jurisdiction is limited thereto;
AB380, s. 4
19Section
4. 20.445 (3) (cb) of the statutes is amended to read:
AB380,6,420
20.445
(3) (cb)
Child support collection—county administration. The amounts
21in the schedule for the county child support order revision programs under s. 49.23
1(1), for state incentive payments under s. 49.23 (2), for assistance to counties in
2establishing paternity and obtaining child support and for payments to Milwaukee
3County under s. 49.25 (8) (b) to fund an additional
family circuit court commissioner
4to assist in matters affecting the family.
AB380, s. 5
5Section
5. 40.08 (9m) of the statutes is amended to read:
AB380,6,126
40.08
(9m) Guardians. An application for a benefit, a designation of a
7beneficiary or any other document which has a long-term effect on a person's rights
8and benefits under this chapter and which requires a signature may be signed and
9filed by a guardian of the estate when accompanied by a photocopy or facsimile of an
10order of guardianship issued by a circuit court judge or a register in probate or a
11probate circuit court commissioner who is assigned the authority to issue such orders
12under s.
757.72 (2) or (5) 851.73 (1) (g).
AB380, s. 6
13Section
6. 46.03 (3) of the statutes is amended to read:
AB380,6,1914
46.03
(3) Trustee duty. Take and hold in trust, whenever it considers
15acceptance advantageous, all property transferred to the state to be applied to any
16specified purpose, use or benefit pertaining to any of the institutions under its control
17or the inmates thereof, and apply the same in accordance with the trust; and when
18ordered by the court, act as trustee of funds paid for the support of any child if
19appointed by the court or
family a circuit court commissioner under s. 767.475 (7).
AB380, s. 7
20Section
7. 48.06 (1) (a) 2. of the statutes is amended to read:
AB380,7,221
48.06
(1) (a) 2. The chief judge of the judicial administrative district shall
22formulate written judicial policy governing intake and court services for child
23welfare matters under this chapter and the department shall be charged with
24executing the judicial policy. The chief judge shall direct and supervise the work of
25all personnel of the court, except the work of the district attorney or corporation
1counsel assigned to the court.
The chief judge may delegate his or her supervisory
2functions under s. 48.065 (1).
AB380, s. 8
3Section
8. 48.065 (title) of the statutes is repealed.
AB380, s. 9
4Section
9. 48.065 (1) of the statutes is renumbered 757.68 (3m) and amended
5to read:
AB380,7,166
757.68
(3m) The board of supervisors of any county may
authorize the chief
7judge of the judicial administrative district to appoint establish one or more
circuit
8court commissioner positions on a part-time or full-time
juvenile court
9commissioners who basis to assist in matters affecting juveniles. A circuit court
10commissioner under this subsection shall serve at the discretion of the chief judge.
11A juvenile court commissioner shall be licensed to practice law in this state and shall
12have been so licensed for at least 2 years immediately prior to appointment and shall
13have a demonstrated interest in the welfare of children and unborn children. The
14chief judge may assign law clerks, bailiffs and deputies to the court commissioner.
15The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and
16deputies, except that the chief judge may delegate any of those duties.
AB380, s. 10
17Section
10. 48.065 (2) to (4) of the statutes are repealed.
AB380, s. 11
18Section
11. 48.208 (4) of the statutes is amended to read:
AB380,7,2219
48.208
(4) Probable cause exists to believe that the child, having been placed
20in nonsecure custody by an intake worker under s. 48.207 (1) or by the judge or
21juvenile a circuit court commissioner under s. 48.21 (4), has run away or committed
22a delinquent act and no other suitable alternative exists.
AB380, s. 12
23Section
12. 48.21 (1) (a) of the statutes is amended to read:
AB380,8,1124
48.21
(1) (a) If a child who has been taken into custody is not released under
25s. 48.20, a hearing to determine whether the child shall continue to be held in custody
1under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or
juvenile 2a circuit court commissioner within 48 hours of the time the decision to hold the child
3was made, excluding Saturdays, Sundays and legal holidays. By the time of the
4hearing a petition under s. 48.25 shall be filed, except that no petition need be filed
5where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the
6child is a runaway from another state, in which case a written statement of the
7reasons for holding a child in custody shall be substituted if the petition is not filed.
8If no hearing has been held within 48 hours, excluding Saturdays, Sundays and legal
9holidays, or if no petition or statement has been filed at the time of the hearing, the
10child shall be released except as provided in par. (b). A parent not present at the
11hearing shall be granted a rehearing upon request.
AB380, s. 13
12Section
13. 48.21 (1) (b) of the statutes is amended to read:
AB380,9,813
48.21
(1) (b) If no petition has been filed by the time of the hearing, a child may
14be held in custody with approval of the judge or
juvenile circuit court commissioner
15for an additional 72 hours from the time of the hearing, excluding Saturdays,
16Sundays and legal holidays, only if, as a result of the facts brought forth at the
17hearing, the judge or
juvenile circuit court commissioner determines that probable
18cause exists to believe that the child is an imminent danger to himself or herself or
19to others, that probable cause exists to believe that the parent, guardian or legal
20custodian of the child or other responsible adult is neglecting, refusing, unable or
21unavailable to provide adequate supervision and care or, if the child is an expectant
22mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable
23cause exists to believe that there is a substantial risk that if the child expectant
24mother is not held, the physical health of the unborn child, and of the child when
25born, will be seriously affected or endangered by the child expectant mother's
1habitual lack of self-control in the use of alcohol beverages, controlled substances or
2controlled substance analogs, exhibited to a severe degree, and to believe that the
3child expectant mother is refusing or has refused to accept any alcohol or other drug
4abuse services offered to her or is not making or has not made a good faith effort to
5participate in any alcohol or other drug abuse services offered to her. The extension
6may be granted only once for any petition. In the event of failure to file a petition
7within the extension period provided for in this paragraph, the judge or
juvenile 8circuit court commissioner shall order the child's immediate release from custody.
AB380, s. 14
9Section
14. 48.21 (4) (intro.) of the statutes is amended to read:
AB380,9,1210
48.21
(4) Continuation of custody. (intro.) If the judge or
juvenile circuit court
11commissioner finds that the child should be continued in custody under the criteria
12of s. 48.205, he or she shall enter one of the following orders:
AB380, s. 15
13Section
15. 48.21 (7) of the statutes is amended to read:
AB380,9,2014
48.21
(7) Informal disposition. If the judge or
juvenile circuit court
15commissioner determines that the best interests of the child and the public are
16served or, in the case of a child expectant mother who has been taken into custody
17under s. 48.19 (1) (cm) or (d) 8., that the best interests of the unborn child and the
18public are served, he or she may enter a consent decree under s. 48.32 or order the
19petition dismissed and refer the matter to the intake worker for informal disposition
20in accordance with s. 48.245.
AB380, s. 16
21Section
16. 48.213 (1) (a) of the statutes is amended to read:
AB380,9,2522
48.213
(1) (a) If an adult expectant mother of an unborn child who has been
23taken into custody is not released under s. 48.203, a hearing to determine whether
24the adult expectant mother shall continue to be held in custody under the criteria of
25s. 48.205 (1m) shall be conducted by the judge or
juvenile a circuit court
1commissioner within 48 hours after the time that the decision to hold the adult
2expectant mother was made, excluding Saturdays, Sundays and legal holidays. By
3the time of the hearing a petition under s. 48.25 shall be filed, except that no petition
4need be filed when an adult expectant mother is taken into custody under s. 48.193
5(1) (b) or (d) 1. or 3., in which case a written statement of the reasons for holding the
6adult expectant mother in custody shall be substituted if the petition is not filed. If
7no hearing has been held within those 48 hours, excluding Saturdays, Sundays and
8legal holidays, or if no petition or statement has been filed at the time of the hearing,
9the adult expectant mother shall be released except as provided in par. (b).
AB380, s. 17
10Section
17. 48.213 (1) (b) of the statutes is amended to read:
AB380,11,211
48.213
(1) (b) If no petition has been filed by the time of the hearing, an adult
12expectant mother of an unborn child may be held in custody with the approval of the
13judge or
juvenile circuit court commissioner for an additional 72 hours after the time
14of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result
15of the facts brought forth at the hearing, the judge or
juvenile circuit court
16commissioner determines that probable cause exists to believe that there is a
17substantial risk that if the adult expectant mother is not held, the physical health
18of the unborn child, and of the child when born, will be seriously affected or
19endangered by the adult expectant mother's habitual lack of self-control in the use
20of alcohol beverages, controlled substances or controlled substance analogs,
21exhibited to a severe degree, and to believe that the adult expectant mother is
22refusing or has refused to accept any alcohol or other drug abuse services offered to
23her or is not making or has not made a good faith effort to participate in any alcohol
24or other drug abuse services offered to her. The extension may be granted only once
25for any petition. In the event of failure to file a petition within the extension period
1provided for in this paragraph, the judge or
juvenile circuit court commissioner shall
2order the adult expectant mother's immediate release from custody.
AB380, s. 18
3Section
18. 48.213 (3) (intro.) of the statutes is amended to read:
AB380,11,74
48.213
(3) Continuation of custody. (intro.) If the judge or
juvenile circuit 5court commissioner finds that the adult expectant mother should be continued in
6custody under the criteria of s. 48.205 (1m), the judge or
juvenile circuit court
7commissioner shall enter one of the following orders:
AB380, s. 19
8Section
19. 48.213 (6) of the statutes is amended to read:
AB380,11,139
48.213
(6) Informal disposition. If the judge or
juvenile circuit court
10commissioner determines that the best interests of the unborn child and the public
11are served, the judge or
juvenile circuit court commissioner may enter a consent
12decree under s. 48.32 or order the petition dismissed and refer the matter to the
13intake worker for informal disposition in accordance with s. 48.245.
AB380, s. 20
14Section
20. 48.227 (4) (a) of the statutes is amended to read:
AB380,11,2115
48.227
(4) (a) If the child's parent, guardian or legal custodian does not consent
16to the temporary care and housing of the child at the runaway home as provided
17under sub. (2) or (3), a hearing shall be held on the issue by the judge or
juvenile a
18circuit court commissioner within 24 hours of the time that the child entered the
19runaway home, excluding Saturdays, Sundays and legal holidays. The intake
20worker shall notify the child and the child's parent, guardian or legal custodian of
21the time, place and purpose of the hearing.
AB380, s. 21
22Section
21. 48.30 (9) of the statutes is amended to read:
AB380,12,223
48.30
(9) If a
circuit court commissioner conducts the plea hearing and accepts
24an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the
1judge shall review the admission at the beginning of the dispositional hearing by
2addressing the parties and making the inquiries set forth in sub. (8).
AB380, s. 22
3Section
22. 48.32 (1) of the statutes is amended to read:
AB380,12,184
48.32
(1) At any time after the filing of a petition for a proceeding relating to
5s. 48.13 or 48.133 and before the entry of judgment, the judge or
juvenile a circuit 6court commissioner may suspend the proceedings and place the child or expectant
7mother under supervision in the home or present placement of the child or expectant
8mother. The court may establish terms and conditions applicable to the child and the
9child's parent, guardian or legal custodian, to the child expectant mother and her
10parent, guardian or legal custodian or to the adult expectant mother. The order
11under this section shall be known as a consent decree and must be agreed to by the
12child if 12 years of age or older, the parent, guardian or legal custodian, and the
13person filing the petition under s. 48.25; by the child expectant mother, her parent,
14guardian or legal custodian, the unborn child by the unborn child's guardian ad litem
15and the person filing the petition under s. 48.25; or by the adult expectant mother,
16the unborn child by the unborn child's guardian ad litem and the person filing the
17petition under s. 48.25. The consent decree shall be reduced to writing and given to
18the parties.
AB380, s. 23
19Section
23. 48.32 (2) (a) of the statutes is amended to read:
AB380,12,2220
48.32
(2) (a) A consent decree shall remain in effect up to 6 months unless the
21child, parent, guardian, legal custodian or expectant mother is discharged sooner by
22the judge or
juvenile circuit court commissioner.
AB380, s. 24
23Section
24. 48.32 (6) of the statutes is amended to read:
AB380,13,424
48.32
(6) The judge or
juvenile circuit court commissioner shall inform the child
25and the child's parent, guardian or legal custodian, or the adult expectant mother,
1in writing, of the right of the child or expectant mother to object to the continuation
2of the consent decree under sub. (3) and the fact that the hearing under which the
3child or expectant mother was placed on supervision may be continued to conclusion
4as if the consent decree had never been entered.
AB380, s. 25
5Section
25. 49.25 (8) (b) of the statutes is amended to read:
AB380,13,86
49.25
(8) (b) From the appropriation under s. 20.445 (3) (cb), the department
7shall provide funds to Milwaukee county to fund an additional
family circuit court
8commissioner
to assist in matters affecting the family.
AB380, s. 26
9Section
26. 49.852 (3) of the statutes is amended to read:
AB380,14,210
49.852
(3) If a person has requested a hearing pursuant to sub. (2) (b), the
11hearing shall be conducted before the circuit court that rendered the initial order to
12pay support. The court shall schedule a hearing within 10 business days after
13receiving a request for a hearing.
The family A circuit court commissioner may
14conduct the hearing. If the court determines that the person owes the amount
15specified in the statewide support lien docket under s. 49.854 (2) (b), the department
16of workforce development may direct the department of employe trust funds, the
17retirement system of any 1st class city, any retirement system established under
18chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
19is appropriate, to withhold the amount from any lump sum payment from a pension
20plan that may be paid the person. If the court determines that the person does not
21owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
22the department of workforce development may not direct the department of employe
23trust funds, the retirement system of any 1st class city, any retirement system
24established under
chapter 201, laws of 1937, or the administrator of any other
1pension plan, whichever is appropriate, to withhold the amount from any lump sum
2payment from a pension plan that may be paid the person.
AB380, s. 27
3Section
27. 49.854 (2) (c) of the statutes is amended to read:
AB380,14,84
49.854
(2) (c)
Updating the statewide support lien docket. The department shall
5update the statewide support lien docket in response to orders issued by a court or
6family circuit court commissioner. The department shall periodically update the
7statewide support lien docket to reflect changes in the amounts of the liens contained
8in the docket.
AB380, s. 28
9Section
28. 49.854 (3) (ag) 2. of the statutes is amended to read:
AB380,14,2110
49.854
(3) (ag) 2. If the obligor disagrees with the determination of the
11department, the obligor may request a hearing with the court or a
family circuit court
12commissioner to review the department's determination. To request a hearing under
13this subdivision, the obligor shall make the request within 5 business days of the date
14of the department's determination under subd. 1. The obligor shall make the request
15in writing and shall mail or deliver a copy of the request to the county child support
16agency. If a timely request for a hearing is made under this subdivision, the court
17or
family circuit court commissioner shall hold the hearing within 15 business days
18of the request. If, at the hearing, the obligor establishes that the lien is not proper
19because of a mistake of fact, the court or
family
circuit court commissioner shall order
20the department to remove the lien from the statewide support lien docket or adjust
21the amount of the delinquent obligation.
AB380, s. 29
22Section
29. 49.854 (3) (ar) of the statutes is amended to read:
AB380,15,723
49.854
(3) (ar)
Direct appeal. If the obligor has not requested a financial
24records and court order review under par. (ag), the obligor may request a hearing
25under this paragraph within 20 business days of the date of the notice under par. (a).
1The obligor shall make the request in writing and shall mail or deliver a copy of the
2request to the county child support agency. If a timely request for a hearing is made
3under this paragraph, the court or
family circuit court commissioner shall schedule
4a hearing within 10 days after the date of the request. If, at the hearing, the obligor
5establishes that the lien is not proper because of a mistake of fact, the court or
family 6circuit court commissioner shall order the department to remove the lien from the
7statewide support lien docket or adjust the amount of the delinquent obligation.
AB380, s. 30
8Section
30. 49.854 (3) (b) of the statutes is amended to read:
AB380,15,169
49.854
(3) (b)
Appeal. If a
family circuit court commissioner conducts a hearing
10under par. (ag) or (ar), the department or the obligor may, within 15 business days
11after the date of the decision by the
family circuit court commissioner, request review
12of the decision by the court having jurisdiction over the action. The court conducting
13the review may order that the lien be withdrawn from the statewide support lien
14dockets or may order an adjustment of the amount of the delinquent obligation. If
15no appeal is sought or if the court does not order the withdrawal of the lien, the
16department may take appropriate actions to enforce the lien.
AB380, s. 31
17Section
31. 49.854 (5) (f) of the statutes is amended to read:
AB380,16,1318
49.854
(5) (f)
Hearings. A hearing requested under par. (d) 6. shall be
19conducted before the circuit court rendering the order to pay support. Within 45
20business days after receiving a request for hearing under par. (d) 6., the court shall
21conduct the hearing.
The family A circuit court commissioner may conduct the
22hearing. The hearing shall be limited to a review of whether the account holder owes
23the amount of support certified and whether any alternative payment arrangement
24offered by the department or the county child support agency is reasonable. If the
25court or
family circuit court commissioner makes a written determination that an
1alternative payment arrangement offered by the department or county child support
2agency is not reasonable, the court or
family circuit court commissioner may order
3an alternative payment arrangement. If the court or
family circuit court
4commissioner orders an alternative payment arrangement, the court or
family 5circuit court commissioner shall order the department to release all or a portion of
6the funds. If the court or
family circuit court commissioner determines that the
7account holder does not owe support or owes less than the amount claimed by the
8department, the court shall order the department to return the seized funds or the
9excess of the seized funds over the amount of the delinquency to the account holder.
10If a
family circuit court commissioner conducts the hearing under this paragraph,
11the department or the obligor may, within 15 business days after the date that the
12family circuit court commissioner makes his or her decision, request review of the
13decision by the court with jurisdiction over the action.
AB380, s. 32
14Section
32. 49.854 (6) (c) of the statutes is amended to read:
AB380,17,1515
49.854
(6) (c)
Hearing. If a hearing is requested under par. (b) 4., the court or
16family circuit court commissioner shall schedule a hearing within 10 business days
17after receiving the request under par. (b) 4. The hearing shall be limited to a review
18of whether the obligor owes the amount of support owed that is stated in the notice
19of seizure and whether any alternative payment arrangement offered by the
20department or the county child support agency is reasonable. If the court or
family 21circuit court commissioner makes a written determination that an alternative
22payment arrangement offered by the department or county child support agency is
23not reasonable, the court or
family circuit court commissioner may order an
24alternative payment arrangement. If the court or
family circuit court commissioner
25orders an alternative payment arrangement, the court or
family circuit court
1commissioner shall order the department to return the seized property within 15
2business days. If the court or
family circuit court commissioner determines that the
3obligor does not owe support or owes less than the amount claimed by the
4department, the court shall order the department to return the seized property
5within 15 business days or specify the amount which may be retained by the
6department after the sale of the seized property. If a
family circuit court
7commissioner conducts the hearing under this paragraph, the department or the
8obligor may, within 15 business days after the date that the
family circuit court
9commissioner makes his or her decision, request review of the decision by the court
10with jurisdiction over the action. The court reviewing the decision may order the
11department to return the seized property or may authorize the sale of the property
12by the department. If the department is ordered to return seized property under this
13paragraph, the court shall instruct any state agency responsible for titling the
14property that it may transfer title to the property without receiving instructions from
15a court or the department under par. (a).
AB380, s. 33
16Section
33. 49.854 (7) (c) of the statutes is amended to read:
AB380,18,1317
49.854
(7) (c)
Hearing. If a hearing is requested under par. (b) 1. c., the court
18or
family circuit court commissioner shall schedule a hearing within 10 business
19days after receiving the request under par. (b) 1. c. The hearing shall be limited to
20a review of whether the obligor owes the amount of support owed that is stated in the
21notice of intent under par. (b) and whether any alternative payment arrangement
22offered by the department or the county child support agency is reasonable. If the
23court or
family circuit court commissioner makes a written determination that an
24alternative payment arrangement offered by the department or county child support
25agency is not reasonable, the court or
family circuit court commissioner may order
1an alternative payment arrangement. If the court or
family circuit court
2commissioner orders an alternative payment arrangement, the court or
family 3circuit court commissioner shall order the department not to proceed with the levy.
4If the court or
family circuit court commissioner determines that the obligor does not
5owe support or owes less than the amount claimed by the department, the court shall
6order the department not to proceed with the levy or specify the amount that may
7be retained by the department after the sale of the seized property. If a
family circuit 8court commissioner conducts the hearing under this paragraph, the department or
9the obligor may, within 15 business days after the date that the
family circuit court
10commissioner makes his or her decision, request review of the decision by the court
11with jurisdiction over the action. The court reviewing the decision may order the
12department not to proceed with the levy of the property or may authorize the sale of
13the property by the department.
AB380, s. 34
14Section
34. 49.854 (7m) of the statutes is amended to read:
AB380,19,1115
49.854
(7m) Jointly held property. A person, other than the obligor, who holds
16a joint interest in property levied against under this section may request a hearing,
17as provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
18of the value of the property that is attributable to his or her net contribution to the
19property. If a hearing is requested under this subsection, the court or
family circuit 20court commissioner shall schedule a hearing within 10 days after receiving the
21request. The hearing shall be limited to determining the proportion of the value of
22the property that is attributable to the person's net contribution to the property. If
23more than one person requests a hearing under this subsection, or if the obligor
24requests a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same
25property, the court or
family circuit court commissioner may schedule the hearings
1together. The person requesting the hearing shall have the burden of proving his or
2her net contribution by clear and convincing evidence. If the court determines that
3a portion of the jointly held property is attributable to the contributions of the person,
4the court shall direct the department or the county child support agency to pay the
5person, from the net balance of the jointly held account or the net proceeds of the sale
6of the jointly held real or personal property, the proportion of the gross value of the
7account or real or personal property that is attributable to that person. If
the family 8a circuit court commissioner conducts the hearing under this subsection, the person
9may, within 15 business days after the date that the
family circuit court
10commissioner makes his or her decision, request review of the decision by the court
11with jurisdiction over the action.
AB380,20,914
49.855
(3) Receipt of a certification by the department of revenue shall
15constitute a lien, equal to the amount certified, on any state tax refunds or credits
16owed to the obligor. The lien shall be foreclosed by the department of revenue as a
17setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
18that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
19obligor that the state intends to reduce any state tax refund or credit due the obligor
20by the amount the obligor is delinquent under the support or maintenance order, by
21the outstanding amount for past support, medical expenses or birth expenses under
22the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
23provide that within 20 days the obligor may request a hearing before the circuit court
24rendering the order. Within 10 days after receiving a request for hearing under this
25subsection, the court shall set the matter for hearing. Pending further order by the
1court or
family a circuit court commissioner, the department of workforce
2development or its designee, whichever is appropriate, is prohibited from disbursing
3the obligor's state tax refund or credit.
The family
A circuit court commissioner may
4conduct the hearing. The sole issues at that hearing shall be whether the obligor
5owes the amount certified and, if not and it is a support or maintenance order,
6whether the money withheld from a tax refund or credit shall be paid to the obligor
7or held for future support or maintenance. An obligor may, within 20 days of
8receiving notice that the amount certified shall be withheld from his or her federal
9tax refund or credit, request a hearing under this subsection.
AB380,21,1012
49.855
(4m) (b) The department of revenue may provide a certification that it
13receives under sub. (1), (2m) or (2p) to the department of administration. Upon
14receipt of the certification, the department of administration shall determine
15whether the obligor is a vendor or is receiving any other payments from this state,
16except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1745.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration
18determines that the obligor is a vendor or is receiving payments from this state,
19except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
2045.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount
21certified from those payments and shall notify the obligor that the state intends to
22reduce any payments due the obligor by the amount the obligor is delinquent under
23the support or maintenance order, by the outstanding amount for past support,
24medical expenses or birth expenses under the court order or by the amount due under
25s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt
1of the notice the obligor may request a hearing before the circuit court rendering the
2order. An obligor may, within 20 days after receiving notice, request a hearing under
3this paragraph. Within 10 days after receiving a request for hearing under this
4paragraph, the court shall set the matter for hearing.
The family A circuit court
5commissioner may conduct the hearing. Pending further order by the court or
family 6circuit court commissioner, the department of workforce development or its designee,
7whichever is appropriate, may not disburse the payments withheld from the obligor.
8The sole issues at the hearing are whether the obligor owes the amount certified and,
9if not and it is a support or maintenance order, whether the money withheld shall be
10paid to the obligor or held for future support or maintenance.
AB380, s. 37
11Section
37. 49.856 (4) of the statutes is amended to read:
AB380,21,1612
49.856
(4) If the obligor requests a hearing under sub. (3) (b), the circuit court
13shall schedule a hearing within 10 business days after receiving the request. The
14only issue at the hearing shall be whether the person owes the delinquent payment
15or outstanding amount specified in the statewide support lien docket under s. 49.854
16(2) (b). A
family circuit court commissioner may conduct the hearing.
AB380, s. 38
17Section
38. 49.857 (2) (c) 1. of the statutes is amended to read:
AB380,21,2418
49.857
(2) (c) 1. The system shall provide for adequate notice to an individual
19who is delinquent in making court-ordered payments of support, an opportunity for
20the individual to make alternative arrangements for paying the delinquent support,
21an opportunity for the individual to request and obtain a hearing before a court or
22family circuit court commissioner as provided in sub. (3) and prompt reinstatement
23of the individual's license upon payment of the delinquent support or upon making
24satisfactory alternative payment arrangements.
AB380, s. 39
25Section
39. 49.857 (3) (ac) of the statutes is amended to read:
AB380,22,7
149.857
(3) (ac) 1. If an individual timely requests a hearing under par. (a) 5.,
2the court shall schedule a hearing within 10 business days after receiving the
3request.
The family A circuit court commissioner may conduct the hearing. The only
4issues at the hearing shall be whether the individual is delinquent in making
5court-ordered payments of support and whether any alternative payment
6arrangement offered by the department of workforce development or the county child
7support agency is reasonable.
AB380,22,138
2. If at a hearing under subd. 1. the court or
family
circuit court commissioner
9finds that the individual does not owe delinquent support, or if within 20 business
10days after receiving a notice under par. (a) the individual pays the delinquent
11amount in full or makes satisfactory alternative payment arrangements, the
12department of workforce development
shall may not place the individual's name on
13a certification list.
AB380,22,2014
3. If at a hearing under subd. 1. the court or
family
circuit court commissioner
15makes a written determination that alternative payment arrangements proposed by
16the department of workforce development or a child support agency are not
17reasonable, the court or
family circuit court commissioner may order for the
18individual an alternative payment arrangement. If the court or
family circuit court
19commissioner orders an alternative payment arrangement, the department of
20workforce development may not place the individual's name on a certification list.
AB380, s. 40
21Section
40. 49.857 (3) (ar) of the statutes is amended to read:
AB380,23,322
49.857
(3) (ar) 1. If an individual timely requests a hearing under par. (am) 5.,
23the court shall schedule a hearing within 10 business days after receiving the
24request.
The family A circuit court commissioner may conduct the hearing. The only
25issues at the hearing shall be whether the individual is delinquent in making
1court-ordered payments of support and whether any alternative payment
2arrangement offered by the department of workforce development or the county child
3support agency is reasonable.
AB380,23,94
2. If at a hearing under subd. 1. the court or
family
circuit court commissioner
5finds that the individual does not owe delinquent support, or if within 20 business
6days after receiving a notice under par. (am) the individual pays the delinquent
7amount in full or makes satisfactory alternative payment arrangements, the
8department of workforce development shall remove the individual's name from the
9certification list.
AB380,23,1610
3. If at a hearing under subd. 1. the court or
family
circuit court commissioner
11makes a written determination that alternative payment arrangements proposed by
12the department of workforce development or a child support agency are not
13reasonable, the court or
family circuit court commissioner may order for the
14individual an alternative payment arrangement. If the court or
family circuit court
15commissioner orders an alternative payment arrangement, the department of
16workforce development may not place the individual's name on a certification list.