AB380,78,2222 E. F.
AB380,78,2323 Address .... (Case Classification Type): .... (Code No.)
AB380,78,2424 City, State Zip Code
AB380,78,2525 , Respondent

AB380,79,22 THE STATE OF WISCONSIN, To the Respondent:
AB380,79,53 You have been sued. .... claims that you are the father of the child, .... born on
4.... (date), in .... (city) (county) (state). You must appear to answer this claim of
5paternity. Your court appearance is:
AB380,79,66 Date:
AB380,79,77 Time:
AB380,79,88 Room:
AB380,79,99 Judge or Family Circuit Court Commissioner:
AB380,79,1010 Address:
AB380,79,2011 If you do not appear, the court will enter a default judgment finding you to be
12the father. A default judgment will take effect 30 days after it is served on or mailed
13to you, unless within those 30 days you present to the court evidence of good cause
14for failure to appear. If you plan to be represented by an attorney, you should contact
15the attorney prior to the court appearance listed above. If you are unable to afford
16an attorney, the court will appoint one for you only upon the blood tests showing that
17you are not excluded as the father and the probability of your being the father is less
18than 99.0%. Appearance is not required if you complete the attached waiver of first
19appearance statement and send it to the court at least 10 days prior to the date of
20your scheduled appearance in this summons.
AB380,79,2121 Dated: ...., .... (year)
AB380,79,2222 Signed:.... ....
AB380,79,2323 G. H., Clerk of Circuit Court
AB380,79,2525 Petitioner's Attorney
AB380,80,1
1State Bar No.: ....
AB380,80,22 Address: ....
AB380,80,33 City, State Zip Code: ....
AB380,80,44 Phone No.: ....
AB380, s. 209 5Section 209. 767.458 (1m) of the statutes is amended to read:
AB380,80,136 767.458 (1m) In an action to establish the paternity of a child who was born
7to a woman while she was married, where a man other than the woman's husband
8alleges that he, not the husband, is the child's father, a party may allege that a
9judicial determination that a man other than the husband is the father is not in the
10best interest of the child. If the court or a circuit or supplemental court commissioner
11under s. 757.69 (3) 757.675 (2) (g) determines that a judicial determination of
12whether a man other than the husband is the father is not in the best interest of the
13child, no genetic tests may be ordered and the action shall be dismissed.
AB380, s. 210 14Section 210. 767.46 (1) of the statutes is amended to read:
AB380,80,1915 767.46 (1) A pretrial hearing shall be held before the court or a circuit or
16supplemental
court commissioner under s. 757.69 (3) 757.675 (2) (g). A record or
17minutes of the proceeding shall be kept. At the pretrial hearing the parties may
18present and cross-examine witnesses, request genetic tests and present other
19evidence relevant to the determination of paternity.
AB380, s. 211 20Section 211. 767.463 of the statutes is amended to read:
AB380,81,3 21767.463 Dismissal if adjudication not in child's best interest. Except as
22provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
23child, upon the motion of a party or guardian ad litem, the court or circuit or
24supplemental
court commissioner under s. 757.69 (3) 757.675 (2) (g) may, with
25respect to a man, refuse to order genetic tests, if genetic tests have not yet been taken,

1and dismiss the action if the court or circuit or supplemental court commissioner
2determines that a judicial determination of whether the man is the father of the child
3is not in the best interest of the child.
AB380, s. 212 4Section 212. 767.465 (2) (a) of the statutes is amended to read:
AB380,81,165 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged
6father and fails to appear at the first appearance, unless the first appearance is not
7required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing
8or trial, the court shall enter an order adjudicating the respondent to be the father
9and appropriate orders for support, legal custody and physical placement. The
10orders shall be either served on the respondent or mailed by regular, registered or
11certified mail, to the last-known address of the respondent. The orders shall take
12effect 30 days after service or 30 days after the date on which the orders were mailed
13unless, within that time, the respondent presents to the court or a circuit or
14supplemental
court commissioner under s. 757.69 (3) (g) 757.675 (2) (g) evidence of
15good cause for failure to appear or failure to have undergone a court-ordered genetic
16test.
AB380, s. 213 17Section 213. 767.51 (3m) (f) 2. of the statutes is amended to read:
AB380,82,218 767.51 (3m) (f) 2. The notice provided to the parent shall inform the parent that
19coverage for the child under the new employer's health benefit plan will be in effect
20upon the employer's receipt of the notice. The notice shall inform the parent that he
21or she may, within 10 business days after receiving the notice, by motion request a
22hearing before the court on the issue of whether the order to provide coverage of the
23child's health care expenses should remain in effect. A motion under this subdivision
24may be heard by a family circuit court commissioner. If the parent requests a hearing
25and the court or family circuit court commissioner determines that the order to

1provide coverage of the child's health care expenses should not remain in effect, the
2court shall provide notice to the employer that the order is no longer in effect.
AB380, s. 214 3Section 214. 767.62 (2) (b) of the statutes is amended to read:
AB380,82,84 767.62 (2) (b) If a statement acknowledging paternity is timely rescinded as
5provided in s. 69.15 (3m), a court or family circuit court commissioner may not enter
6an order specified in sub. (4) with respect to the man who signed the statement as
7the father of the child unless the man is adjudicated the child's father using the
8procedures set forth in ss. 767.45 to 767.60.
AB380, s. 215 9Section 215. 767.62 (3) (b) of the statutes is amended to read:
AB380,82,1310 767.62 (3) (b) Except as provided in s. 767.045, in an action specified in par. (a)
11the court or family a circuit court commissioner may appoint a guardian ad litem for
12the child and shall appoint a guardian ad litem for a party who is a minor, unless the
13minor party is represented by an attorney.
AB380, s. 216 14Section 216. 767.62 (4) (a) of the statutes is amended to read:
AB380,83,515 767.62 (4) (a) In an action under sub. (3) (a), if the persons who signed and filed
16the statement acknowledging paternity as parents of the child had notice of the
17hearing, the court or family a circuit court commissioner may make an order that
18contains any provision directed against the appropriate party to the proceeding
19concerning the duty of support, the legal custody or guardianship of the child, periods
20of physical placement, the furnishing of bond or other security for the payment of
21amounts under the order or any other matter in the best interest of the child. Unless
22the court orders otherwise, if there is no presumption of paternity under s. 891.41
23(1) the mother shall have sole legal custody of the child. The court or family circuit
24court commissioner shall order either party or both to pay for the support of any child
25of the parties who is less than 18 years old, or any child of the parties who is less than

119 years old if the child is pursuing an accredited course of instruction leading to the
2acquisition of a high school diploma or its equivalent. The order may direct the father
3to pay or contribute to the reasonable expenses of the mother's pregnancy and
4confinement during pregnancy and may direct either party to pay or contribute to
5the costs of attorney fees or other costs.
AB380, s. 217 6Section 217. 767.62 (4) (b) 2. of the statutes is amended to read:
AB380,83,237 767.62 (4) (b) 2. In addition to ordering child support for a child under par. (a),
8the court or family circuit court commissioner shall specifically assign responsibility
9for and direct the manner of payment of the child's health care expenses. In
10assigning responsibility for a child's health care expenses, the court or family circuit
11court commissioner shall consider whether a child is covered under a parent's health
12insurance policy or plan at the time the court enters an order under this paragraph,
13the availability of health insurance to each parent through an employer or other
14organization, the extent of coverage available to a child and the costs to the parent
15for the coverage of the child. A parent may be required to initiate or continue health
16care insurance coverage for a child under this subdivision. If a parent is required to
17do so, he or she shall provide copies of necessary program or policy identification to
18the other parent and is liable for any health care costs for which he or she receives
19direct payment from an insurer. This paragraph may not be construed to limit the
20authority of the court or family circuit court commissioner to enter or modify support
21orders containing provisions for payment of medical expenses, medical costs, or
22insurance premiums that are in addition to and not inconsistent with this
23paragraph.
AB380, s. 218 24Section 218. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
25Act 191
, section 489, is amended to read:
AB380,84,14
1767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care
2expenses, the court or family circuit court commissioner may order that payment,
3including payment for health insurance premiums, be withheld from income and
4sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265
5(3h), or sent to the department or its designee, whichever is appropriate, for
6disbursement to the person for whom the payment has been awarded if that person
7is not a health care insurer, provider or plan. If the court or family circuit court
8commissioner orders income withholding and assignment for the payment of health
9care expenses, the court or family circuit court commissioner shall send notice of
10assignment in the manner provided under s. 767.265 (2r) and may include that notice
11of assignment with a notice of assignment under s. 767.265. The department or its
12designee, whichever is appropriate, shall keep a record of all moneys received and
13disbursed by the department or its designee for health care expenses that are
14directed to be paid to the department or its designee.
AB380, s. 219 15Section 219. 767.62 (4) (b) 3. b. of the statutes is amended to read:
AB380,85,216 767.62 (4) (b) 3. b. If the court or family circuit court commissioner orders a
17parent to initiate or continue health insurance coverage for a child under a health
18insurance policy that is available to the parent through an employer or other
19organization but the court or family circuit court commissioner does not specify the
20manner in which payment of the health insurance premiums shall be made, the clerk
21of court may provide notice of assignment in the manner provided under s. 767.265
22(2r) for the withholding from income of the amount necessary to pay the health
23insurance premiums. That notice of assignment may be sent with or included as part
24of any other notice of assignment under s. 767.265, if appropriate. A person who
25receives the notice of assignment shall send the withheld health insurance

1premiums to the appropriate health care insurer, provider or plan, as provided in s.
2767.265 (3h).
AB380, s. 220 3Section 220. 767.62 (4) (b) 4. (intro.) of the statutes is amended to read:
AB380,85,84 767.62 (4) (b) 4. (intro.) If the court or family circuit court commissioner orders
5a parent to provide coverage of the health care expenses of the parent's child and the
6parent is eligible for family coverage of health care expenses under a health benefit
7plan that is provided by an employer on an insured or on a self-insured basis, the
8employer shall do all of the following:
AB380, s. 221 9Section 221. 767.62 (4) (b) 4. c. of the statutes is amended to read:
AB380,85,1610 767.62 (4) (b) 4. c. After the child has coverage under the employer's health
11benefit plan, and as long as the parent is eligible for family coverage under the
12employer's health benefit plan, continue to provide coverage for the child unless the
13employer receives satisfactory written evidence that the order of the court or family
14circuit court commissioner is no longer in effect or that the child has coverage of
15health care expenses under another health insurance policy or health benefit plan
16that provides comparable coverage of health care expenses.
AB380, s. 222 17Section 222. 767.62 (4) (b) 5. a. of the statutes is amended to read:
AB380,85,2418 767.62 (4) (b) 5. a. If a parent who has been ordered by a court or family circuit
19court commissioner to provide coverage of the health care expenses of a child who is
20eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd
21party for the cost of services provided to the child but does not pay the health care
22provider for the services or reimburse the department or any other person who paid
23for the services on behalf of the child, the department may obtain a judgment against
24the parent for the amount of the 3rd party payment.
AB380, s. 223 25Section 223. 767.62 (4) (b) 6. b. of the statutes is amended to read:
AB380,86,11
1767.62 (4) (b) 6. b. The notice provided to the parent shall inform the parent
2that coverage for the child under the new employer's health benefit plan will be in
3effect upon the employer's receipt of the notice. The notice shall inform the parent
4that he or she may, within 10 business days after receiving the notice, by motion
5request a hearing before the court on the issue of whether the order to provide
6coverage of the child's health care expenses should remain in effect. A motion under
7this subd. 6. b. may be heard by a family circuit court commissioner. If the parent
8requests a hearing and the court or family circuit court commissioner determines
9that the order to provide coverage of the child's health care expenses should not
10remain in effect, the court shall provide notice to the employer that the order is no
11longer in effect.
AB380, s. 224 12Section 224. 767.62 (4) (d) 1. of the statutes is amended to read:
AB380,86,1513 767.62 (4) (d) 1. Except as provided in par. (e), the court or family circuit court
14commissioner shall determine child support payments under par. (a) by using the
15percentage standard established by the department under s. 49.22 (9).
AB380, s. 225 16Section 225. 767.62 (4) (d) 2. of the statutes is amended to read:
AB380,86,2117 767.62 (4) (d) 2. In determining child support payments under par. (a), the
18court or family circuit court commissioner may consider all relevant financial
19information or other information relevant to the parent's earning capacity, including
20information reported under s. 49.22 (2m) to the department or the county child
21support agency under s. 59.53 (5).
AB380, s. 226 22Section 226. 767.62 (4) (e) (intro.) of the statutes is amended to read:
AB380,87,223 767.62 (4) (e) (intro.) Upon request by a party, the court or family circuit court
24commissioner may modify the amount of child support payments determined under
25par. (d) if, after considering the following factors, the court or family circuit court

1commissioner finds by the greater weight of the credible evidence that use of the
2percentage standard is unfair to the child or to the requesting party:
AB380, s. 227 3Section 227. 767.62 (4) (e) 14. of the statutes is amended to read:
AB380,87,54 767.62 (4) (e) 14. Any other factors that the court or family circuit court
5commissioner in each case determines are relevant to the best interests of the child.
AB380, s. 228 6Section 228. 767.62 (4) (f) of the statutes is amended to read:
AB380,87,147 767.62 (4) (f) If the court or family circuit court commissioner finds under par.
8(e) that use of the percentage standard is unfair to the child or the requesting party,
9the court or family circuit court commissioner shall state in writing or on the record
10the amount of support that would be required by using the percentage standard, the
11amount by which the court's or family circuit court commissioner's order deviates
12from that amount, the reasons for finding that use of the percentage standard is
13unfair to the child or the party, the reasons for the amount of the modification and
14the basis for the modification.
AB380, s. 229 15Section 229. 769.102 of the statutes is amended to read:
AB380,87,17 16769.102 Tribunal of this state. The courts and circuit and supplemental
17court commissioners are the tribunal of this state.
AB380, s. 230 18Section 230. 769.302 of the statutes is amended to read:
AB380,88,2 19769.302 Action by minor parent. A minor parent, or a guardian or other
20legal representative of a minor parent, may maintain a proceeding on behalf of or for
21the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the
22court may appoint a guardian ad litem for the minor's child, but the court need not
23appoint a guardian ad litem for a minor parent who maintains such a proceeding
24unless the proceeding is one for the determination of parentage, in which case the
25court or a family circuit court commissioner shall appoint a guardian ad litem for a

1minor parent within this state who maintains such a proceeding or for a minor within
2this state who is alleged to be a parent, as provided in s. 767.475 (1).
AB380, s. 231 3Section 231. 782.01 (3) of the statutes is amended to read:
AB380,88,84 782.01 (3) In this chapter, unless the context requires otherwise, judge includes
5the supreme court, the court of appeals and circuit courts and each justice and judge
6thereof and circuit and supplemental court commissioners; and prisoner includes
7every person restrained of personal liberty; and imprisoned includes every such
8restraint, and respondent means the person on whom the writ is to be served.
AB380, s. 232 9Section 232. 782.03 of the statutes is amended to read:
AB380,88,20 10782.03 Petition for writ. Application for the writ shall be by petition, signed
11either by the prisoner or by some person in his or her behalf, and may be made to the
12supreme court, the court of appeals or the circuit court of the county, or to any justice
13or judge of the supreme court, court of appeals or circuit court or to any circuit or
14supplemental
court commissioner, within the county where the prisoner is detained;
15or if there is no judge within the county, or for any cause he or she is incapable of
16acting, or has refused to grant the writ, then to some judge residing in an adjoining
17county; but every application, made by or on behalf of a person sentenced to the state
18prisons, must contain a copy of any motion made under s. 974.06 and shall indicate
19the disposition of the motion and the court in which the disposition was made. If no
20motion was made, the petition shall so state.
AB380, s. 233 21Section 233. 782.28 of the statutes is amended to read:
AB380,89,2 22782.28 (title) Transfer from circuit court commissioner. If the writ is
23returnable before a circuit court commissioner, either party may make a request for
24transfer to the court in which the matter is filed. Upon receipt of such request the

1circuit court commissioner shall forthwith transmit all papers and records in the
2proceedings to the court.
AB380, s. 234 3Section 234. 799.03 of the statutes is amended to read:
AB380,89,5 4799.03 Definition. In this chapter unless otherwise designated, "court"
5means circuit court and "court" does not mean circuit court commissioner.
AB380, s. 235 6Section 235. 799.05 (7) (intro.) of the statutes is amended to read:
AB380,89,117 799.05 (7) (title) Form; circuit court commissioner. (intro.) Except as
8provided in s. 799.22 (4) (b) 3., in counties establishing at least one part-time or
9full-time court commissioner position under s. 757.68 (1) (b)
in which a circuit court
10commissioner is assigned to assist in small claims matters
, the summons shall be
11substantially in the following form:
AB380, s. 236 12Section 236. 799.06 (1) of the statutes is amended to read:
AB380,89,1513 799.06 (1) Pleadings. All pleadings except the initial complaint may be oral.
14Any circuit court may by rule require written pleadings and any judge or circuit court
15commissioner may require written pleadings in a particular case.
AB380, s. 237 16Section 237. 799.11 (3) of the statutes is amended to read:
AB380,89,2317 799.11 (3) When, in any action under this chapter, it appears from the return
18of service of the summons or otherwise that the county in which the action is pending
19is not a proper place of trial and that another county would be a proper place of trial,
20the court or circuit court commissioner shall, on motion of a party or its own motion,
21transfer the action to that county unless the defendant appears and waives the
22improper venue. The clerk of the court to which the action is transferred shall issue
23a new notice of return date upon payment of the fee required by s. 814.61 (2) (a).
AB380, s. 238 24Section 238. 799.20 (4) of the statutes is amended to read:
AB380,90,8
1799.20 (4) Inquiry of defendant who appears on return date. If the defendant
2appears on the return date of the summons or any adjourned date thereof, the court
3or circuit court commissioner shall make sufficient inquiry of the defendant to
4determine whether the defendant claims a defense to the action. If it appears to the
5court or circuit court commissioner that the defendant claims a defense to the action,
6the court or circuit court commissioner shall schedule a trial of all the issues involved
7in the action, unless the parties stipulate otherwise or the action is subject to
8immediate dismissal.
AB380, s. 239 9Section 239. 799.206 (1), (2) and (4) of the statutes are amended to read:
AB380,90,1510 799.206 (1) In counties establishing at least one part-time or full-time a circuit
11court commissioner position under s. 757.68 (1) (b) (5m), all actions and proceedings
12commenced under this chapter shall be returnable before a circuit court
13commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other
14county, a circuit court commissioner may conduct return date proceedings if
15delegated such authority under s. 757.69 (1) (d).
AB380,90,17 16(2) Judgment on failure to appear may be entered by the circuit court
17commissioner or the clerk upon the return date as provided in s. 799.22.
AB380,90,19 18(4) Except as provided in sub. (3), the circuit court commissioner shall hear all
19matters using the procedures set forth in s. 799.207.
AB380, s. 240 20Section 240. 799.207 (title) of the statutes is amended to read:
AB380,90,21 21799.207 (title) Proceedings before circuit court commissioner.
AB380, s. 241 22Section 241. 799.207 (1) (a) of the statutes is amended to read:
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