AB445: Bill Text

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.

AB445, s. 56 Section 56. 767.29 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 427, is amended to read:

AB445,31,21 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6) , and 767.261, 767.51 (5p) and 767.62 (4) (g), if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the department or its designee determines is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

AB445, s. 57 Section 57. 767.295 (2) (a) (intro.) of the statutes is amended to read:

AB445,32,4 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 if all of the following conditions are met:

AB445, s. 58 Section 58. 767.295 (2) (c) of the statutes is amended to read:

AB445,32,17 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m), 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to make payments ordered under this paragraph ceases.

AB445, s. 59 Section 59 . 767.303 (1) of the statutes is amended to read:

AB445,33,5 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.458 (3), child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

AB445, s. 60 Section 60 . 767.303 (1) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

AB445,33,19 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

AB445, s. 61 Section 61. 767.32 (1) (b) 4. of the statutes is amended to read:

AB445,34,2 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n) , 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

AB445, s. 62 Section 62. 767.32 (2m) of the statutes is amended to read:

AB445,34,8 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.

AB445, s. 63 Section 63. 767.325 (2m) of the statutes is created to read:

AB445,34,16 767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement that allocates specific times for the exercise of periods of physical placement.

AB445, s. 64 Section 64. 767.325 (5m) of the statutes is created to read:

AB445,34,20 767.325 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) and shall make its determination in a manner consistent with s. 767.24.

AB445, s. 65 Section 65. 767.325 (6m) of the statutes is created to read:

AB445,34,25 767.325 (6m) Parenting plan. In any action to modify a legal custody or physical placement order under sub. (1), the court may require the party seeking the modification to file with the court a parenting plan under s. 767.24 (1m) before any hearing is held.

AB445, s. 66 Section 66. 767.327 (4) of the statutes is amended to read:

AB445,35,4 767.327 (4) Guardian ad litem; prompt hearing. After a petition, motion or order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem, unless s. 767.045 (1) (am) applies, and shall hold a hearing as soon as possible.

AB445, s. 67 Section 67. 767.327 (5m) of the statutes is created to read:

AB445,35,8 767.327 (5m) Discretionary factors to consider. In making a determination under sub. (3), the court may consider the child's adjustment to the home, school, religion and community.

AB445, s. 68 Section 68. 767.45 (7) of the statutes is amended to read:

AB445,35,14 767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).

AB445, s. 69 Section 69. 767.455 (6) of the statutes is amended to read:

AB445,35,19 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).

AB445, s. 70 Section 70. 767.477 (1) of the statutes is amended to read:

AB445,36,2 767.477 (1) At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, on the motion of a party, the court shall make an appropriate temporary order orders for the payment of child support and may make a temporary order, assigning responsibility for and directing the manner of payment of the child's health care expenses and for the custody and physical placement of the child.

AB445, s. 71 Section 71. 767.477 (2) of the statutes is amended to read:

AB445,36,9 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).

AB445, s. 72 Section 72. 767.51 (3) of the statutes is repealed and recreated to read:

AB445,36,12 767.51 (3) A judgment or order determining paternity shall contain all of the following provisions:

AB445,36,13 (a) An adjudication of the paternity of the child.

AB445,36,15 (b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB445,36,20 (c) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB445,36,23 (d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB445,37,3 (e) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

AB445,37,5 (f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.

AB445,37,7 (g) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB445, s. 73 Section 73. 767.51 (3m) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB445, s. 74 Section 74. 767.51 (3r) of the statutes is repealed.

AB445, s. 75 Section 75. 767.51 (4) of the statutes is repealed and recreated to read:

AB445,37,15 767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the action is commenced under s. 767.45, unless a party shows, to the satisfaction of the court, all of the following:

AB445,37,17 1. That he or she was induced to delay commencing the action by any of the following:

AB445,37,18 a. Duress or threats.

AB445,37,20 b. Actions, promises or representations by the other party upon which the party relied.

AB445,37,21 c. Actions taken by the other party to evade paternity proceedings.

AB445,37,23 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB445,37,25 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB445, s. 76 Section 76. 767.51 (4g) of the statutes is repealed.

AB445, s. 77 Section 77. 767.51 (4m) of the statutes is repealed.

AB445, s. 78 Section 78. 767.51 (5) of the statutes is repealed.

AB445, s. 79 Section 79. 767.51 (5d) of the statutes is repealed.

AB445, s. 80 Section 80. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed.

AB445, s. 81 Section 81. 767.53 (intro.) of the statutes is amended to read:

AB445,38,11 767.53 Paternity hearings and records; confidentiality. (intro.) Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of the pending proceedings shall be placed in a closed file, except that:

AB445, s. 82 Section 82. 767.53 (1) (intro.) of the statutes is amended to read:

AB445,38,14 767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to all of the following:

AB445, s. 83 Section 83. 767.53 (3) of the statutes is created to read:

AB445,38,17 767.53 (3) Subject to s. 767.19, the records of any past proceeding in which paternity was established are open to public inspection.

AB445, s. 84 Section 84. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB445,38,23 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:

AB445,38,25 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB445,39,5 (b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB445,39,8 (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB445,39,11 (d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

AB445,39,13 (e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

AB445,39,15 (f) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB445, s. 85 Section 85. 767.62 (4m) of the statutes is created to read:

AB445,39,20 767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:

AB445,39,22 1. That he or she was induced to delay commencing the action by any of the following:

AB445,39,23 a. Duress or threats.

AB445,39,25 b. Actions, promises or representations by the other party upon which the party relied.

AB445,40,1 c. Actions taken by the other party to evade proceedings under sub. (3) (a).

AB445,40,3 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB445,40,5 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB445, s. 86 Section 86. 802.12 (3) (d) 1. of the statutes is amended to read:

AB445,40,8 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

AB445, s. 87 Section 87. 802.12 (3) (d) 3. of the statutes is amended to read:

AB445,40,11 802.12 (3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62 (4) (a).

AB445, s. 88 Section 88. 808.075 (4) (d) 11. of the statutes is amended to read: