AB445: Bill Text

AB445,18,22 767.24 (4) (a) 3. Notwithstanding subd. 2. and sub. (5), the court shall presume that any proposal submitted to the court with respect to periods of physical placement that has been voluntarily agreed to by the parties is in the child's best interest.

AB445, s. 29 Section 29. 767.24 (4) (c) of the statutes is amended to read:

AB445,19,3 767.24 (4) (c) No court may deny periods of physical placement for failure to meet, or grant periods of physical placement for meeting, any financial obligation to the child or, if the parties were married, to the former spouse.

AB445, s. 30 Section 30. 767.24 (5) (intro.) of the statutes is amended to read:

AB445,19,12 767.24 (5) Factors in custody and physical placement determinations. (intro.) In determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. The court shall consider reports of appropriate professionals if admitted into evidence when legal custody or physical placement is contested. The court shall consider the following factors in making its determination:

AB445, s. 31 Section 31. 767.24 (5) (a) of the statutes is amended to read:

AB445,19,16 767.24 (5) (a) The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.

AB445, s. 32 Section 32. 767.24 (5) (bm) of the statutes is created to read:

AB445,19,19 767.24 (5) (bm) The right of the child to spend the same amount of time or substantial periods of time with each parent.

AB445, s. 33 Section 33. 767.24 (5) (cm) of the statutes is created to read:

AB445,19,24 767.24 (5) (cm) The amount and quality of time that each parent roles has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.

AB445, s. 34 Section 34. 767.24 (5) (dm) of the statutes is created to read:

AB445,20,2 767.24 (5) (dm) The age of the child and the child's developmental and educational needs at different ages.

AB445, s. 35 Section 35. 767.24 (5) (em) of the statutes is created to read:

AB445,20,5 767.24 (5) (em) The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.

AB445, s. 36 Section 36. 767.24 (5) (fm) of the statutes is created to read:

AB445,20,9 767.24 (5) (fm) The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.

AB445, s. 37 Section 37. 767.24 (5) (g) of the statutes is amended to read:

AB445,20,14 767.24 (5) (g) Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party.

AB445, s. 38 Section 38. 767.24 (5) (jm) of the statutes is created to read:

AB445,20,17 767.24 (5) (jm) The reports of appropriate professionals if admitted into evidence.

AB445, s. 39 Section 39. 767.242 of the statutes is created to read:

AB445,20,20 767.242 Enforcement of physical placement orders. (1) Definitions. In this section:

AB445,20,23 (a) "Petitioner" means the parent filing a petition under this section, regardless of whether that parent was the petitioner in the action in which periods of physical placement were awarded under s. 767.24.

AB445,21,3 (b) "Respondent" means the parent upon whom a petition under this section is served, regardless of whether that parent was the respondent in the action in which periods of physical placement were awarded under s. 767.24.

AB445,21,6 (2) Who may file. A parent who has been awarded periods of physical placement under s. 767.24 may file a petition under sub. (3) if any of the following applies:

AB445,21,8 (a) The parent has had one or more periods of physical placement denied by the other parent.

AB445,21,10 (b) The parent has had one or more periods of physical placement substantially interfered with by the other parent.

AB445,21,14 (c) The parent has incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement.

AB445,21,15 (3) Petition. (a) The petition shall allege facts sufficient to show the following:

AB445,21,17 1. The name of the petitioner and that the petitioner has been awarded periods of physical placement.

AB445,21,18 2. The name of the respondent.

AB445,21,19 3. That the criteria in sub. (2) apply.

AB445,21,23 (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.

AB445,21,25 (c) A judge or family court commissioner shall accept any legible petition for an order under this section.

AB445,22,2 (d) The petition shall be filed under the principal action under which the periods of physical placement were awarded.

AB445,22,4 (e) A petition under this section is a motion for remedial sanction for purposes of s. 785.03 (1) (a).

AB445,22,9 (4) Service on respondent; response. Upon the filing of a petition under sub. (3), the petitioner shall serve a copy of the petition upon the respondent by personal service in the same manner as a summons is served under s. 801.11. The respondent may respond to the petition either in writing before or at the hearing under sub. (5) (a) or orally at that hearing.

AB445,22,16 (5) Hearing; remedies. (a) A judge or family court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or family court commissioner. The judge or family court commissioner may, on his or her own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

AB445,22,21 (b) If, at the conclusion of the hearing, the judge or family court commissioner finds that the respondent has intentionally and unreasonably denied the petitioner one or more periods of physical placement or that the respondent has intentionally and unreasonably interfered with one or more of the petitioner's periods of physical placement, the court or family court commissioner:

AB445,22,22 1. Shall do all of the following:

AB445,22,24 a. Issue an order granting additional periods of physical placement to replace those denied or interfered with.

AB445,23,2 b. Award the petitioner a reasonable amount for the cost of maintaining an action under this section and for attorney fees.

AB445,23,3 2. May do one or more of the following:

AB445,23,6 a. If the underlying order or judgment relating to periods of physical placement does not provide for specific times for the exercise of periods of physical placement, issue an order specifying the times for the exercise of periods of physical placement.

AB445,23,7 b. Find the respondent in contempt of court under ch. 785.

AB445,23,12 c. Grant an injunction ordering the respondent to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or family court commissioner shall consider whether alternative remedies requested by the petitioner would be as effective in obtaining compliance with the order or judgment relating to physical placement.

AB445,23,20 (c) If, at the conclusion of the hearing, the judge or family court commissioner finds that the petitioner has incurred a financial loss or expenses as a result of the respondent's failure, intentionally and unreasonably and without adequate notice to the petitioner, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or family court commissioner may issue an order requiring the respondent to pay to the petitioner a sum of money sufficient to compensate the petitioner for the financial loss or expenses.

AB445,23,23 (d) Except as provided in par. (b) 1. a. and 2. a., the judge or family court commissioner may not modify an order of legal custody or physical placement in an action under this section.

AB445,23,25 (e) An injunction issued under par. (b) 2. c. is effective according to its terms, for the period of time that the petitioner requests, but not more than 2 years.

AB445,24,3 (6) Enforcement assistance. (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or family court commissioner shall order the sheriff to assist the petitioner in executing or serving the injunction.

AB445,24,9 (b) Within 24 hours after a request by the petitioner, the clerk of the circuit court shall send a copy of an injunction issued under sub. (5) (b) 2. c. to the sheriff or to any other local law enforcement agency that is the central repository for orders and that has jurisdiction over the respondent's residence. If the respondent does not reside in this state, the clerk shall send a copy of the injunction to the sheriff of the county in which the circuit court is located.

AB445,24,14 (c) The sheriff or other appropriate local law enforcement agency under par. (b) shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under sub. (5) (b) 2. c. The information need not be maintained after the injunction is no longer in effect.

AB445,24,16 (7) Arrest. A law enforcement officer may arrest and take a person into custody if all of the following apply:

AB445,24,20 (a) A petitioner under this section presents the law enforcement officer with a copy of an injunction issued under sub. (5) (b) 2. c. or the law enforcement officer determines that such an injunction exists through communication with appropriate authorities.

AB445,24,22 (b) The law enforcement officer has probable cause to believe that the person has violated the injunction issued under sub. (5) (b) 2. c.

AB445,24,25 (8) Penalty. Whoever intentionally violates an injunction issued under sub. (5) (b) 2. c. may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

AB445, s. 40 Section 40. 767.25 (1) (intro.) of the statutes is amended to read:

AB445,25,5 767.25 (1) (intro.) Whenever the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j) or, 767.08 or 767.62 (3), the court shall do all of the following:

AB445, s. 41 Section 41. 767.25 (1m) (b) of the statutes is amended to read:

AB445,25,8 767.25 (1m) (b) The financial resources of both parents as determined under s. 767.255.

AB445, s. 42 Section 42. 767.25 (1m) (c) of the statutes is amended to read:

AB445,25,12 767.25 (1m) (c) The If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.

AB445, s. 43 Section 43. 767.25 (4m) (b) of the statutes is amended to read:

AB445,26,6 767.25 (4m) (b) In addition to ordering child support for a child under sub. (1), the court shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j) or, 767.08 or 767.62 (3), the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subsection. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the custodial parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This subsection shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this subsection.

AB445, s. 44 Section 44. 767.25 (5) of the statutes is amended to read:

AB445,26,9 767.25 (5) Liability Subject to ss. 767.51 (4) and 767.62 (4m), liability for past support shall be limited to the period after the birth of the child.

AB445, s. 45 Section 45. 767.25 (6) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 398, is amended to read:

AB445,26,20 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% 1% per month shall accrue on the total amount of child support in arrears, if any. 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:

AB445, s. 46 Section 46. 767.253 of the statutes is amended to read:

AB445,27,2 767.253 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), 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.

AB445, s. 47 Section 47. 767.254 (2) (intro.) of the statutes is amended to read:

AB445,27,7 767.254 (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), 767.51 (3) or 767.62 (4) (a), the court shall order an unemployed teenage parent to do one or more of the following:

AB445, s. 48 Section 48. 767.261 (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 403, is amended to read:

AB445,27,21 767.261 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% 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% 1% per month shall accrue on the total amount of child support in arrears, if any. 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:

AB445, s. 49 Section 49. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act 191, section 411, is amended to read:

AB445,28,14 767.265 (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), for maintenance payments under s. 767.02 (1) (g) or for the annual receiving and disbursing fee under s. 767.29 (1) (d), 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).

AB445, s. 50 Section 50. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act 191, section 415, is amended to read:

AB445,29,7 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the department or its designee, whichever is appropriate, or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. With each payment sent to the department or its designee, the person from whom the payer receives money shall report to the department or its designee the payer's gross income or other gross amount from which the payment was withheld. Except as provided in sub. (3m), for each payment sent to the department or its designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

AB445, s. 51 Section 51. 767.265 (4) of the statutes is amended to read:

AB445,29,11 767.265 (4) A withholding assignment or order under this section or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. has priority over any other assignment, garnishment or similar legal process under state law.

AB445, s. 52 Section 52. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Act 191, section 420, is amended to read:

AB445,29,22 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the department or its designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB445, s. 53 Section 53. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 191, section 422, is amended to read:

AB445,30,6 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify the department or its designee, whichever is appropriate, within 10 days after an employe is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB445, s. 54 Section 54. 767.265 (6) (c) of the statutes is amended to read:

AB445,30,16 767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L), or 767.25 (4m) (c) , 767.51 (3m) (c) or 767.62 (4) (b) 3. as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department for enforcement of this paragraph.

AB445, s. 55 Section 55. 767.267 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB445,31,12 767.267 (1) If the court or the family court commissioner determines that income withholding under s. 767.265 is inapplicable, ineffective or insufficient to ensure payment under an order or stipulation specified in s. 767.265 (1), or that income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable, ineffective or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under s. 767.25 (4m) or 767.51 (3m), the court or family court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employe or agent of the financial institution to disclose information to the court, family court commissioner, county child support agency under s. 59.53 (5), department or department's designee regarding the account for which the payer has executed the authorization for transfer.