AB445,38,11
8767.53 Paternity hearings and records; confidentiality. (intro.) Any
9hearing, discovery proceeding or trial relating to paternity determination shall be
10closed to any person other than those necessary to the action or proceeding. Any
11record of
the pending proceedings shall be placed in a closed file, except that:
AB445, s. 82
12Section
82. 767.53 (1) (intro.) of the statutes is amended to read:
AB445,38,1413
767.53
(1) (intro.) Access to the record of any pending
or past proceeding
14involving the paternity of the same child shall be allowed to all of the following:
AB445, s. 83
15Section
83. 767.53 (3) of the statutes is created to read:
AB445,38,1716
767.53
(3) Subject to s. 767.19, the records of any past proceeding in which
17paternity was established are open to public inspection.
AB445,38,2320
767.62
(4) Orders when paternity acknowledged. In an action under sub. (3)
21(a), if the persons who signed and filed the statement acknowledging paternity as
22parents of the child had notice of the hearing, the court or family court commissioner
23shall make an order that contains all of the following provisions:
AB445,38,2524
(a) Orders for the legal custody of and periods of physical placement with the
25child, determined in accordance with s. 767.24.
AB445,39,5
1(b) An order requiring either or both of the parents to contribute to the support
2of any child of the parties who is less than 18 years old, or any child of the parties who
3is less than 19 years old if the child is pursuing an accredited course of instruction
4leading to the acquisition of a high school diploma or its equivalent, determined in
5accordance with s. 767.25.
AB445,39,86
(c) A determination as to which parent, if eligible, shall have the right to claim
7the child as an exemption for federal tax purposes under
26 USC 151 (c) (1) (B), or
8as an exemption for state tax purposes under s. 71.07 (8) (b).
AB445,39,119
(d) An order requiring the father to pay or contribute to the reasonable
10expenses of the mother's pregnancy and the child's birth, based on the father's ability
11to pay or contribute to those expenses.
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(e) An order requiring either or both parties to pay or contribute to the costs
13of the guardian ad litem fees and other costs.
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(f) An order requiring either party to pay or contribute to the attorney fees of
15the other party.
AB445, s. 85
16Section
85. 767.62 (4m) of the statutes is created to read:
AB445,39,2017
767.62
(4m) Liability for past support. (a) Subject to par. (b), liability for past
18support of the child shall be limited to support for the period after the day on which
19the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction
20of the court, all of the following:
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1. That he or she was induced to delay commencing the action by any of the
22following:
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a. Duress or threats.
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b. Actions, promises or representations by the other party upon which the party
25relied.
AB445,40,1
1c. Actions taken by the other party to evade proceedings under sub. (3) (a).
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2. That, after the inducement ceased to operate, he or she did not unreasonably
3delay in commencing the action.
AB445,40,54
(b) In no event may liability for past support of the child be imposed for any
5period before the birth of the child.
AB445, s. 86
6Section
86. 802.12 (3) (d) 1. of the statutes is amended to read:
AB445,40,87
802.12
(3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
8767.51 (3) or 767.62 (4)
(a).
AB445, s. 87
9Section
87. 802.12 (3) (d) 3. of the statutes is amended to read:
AB445,40,1110
802.12
(3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62
11(4)
(a).
AB445, s. 88
12Section
88. 808.075 (4) (d) 11. of the statutes is amended to read:
AB445,40,1413
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
14(4m)
, or 767.265
, 767.51 (3m) or 767.62 (4) (b) 3.
AB445, s. 89
15Section
89. 948.22 (7) (bm) of the statutes is amended to read:
AB445,40,2116
948.22
(7) (bm) Upon request, the court may modify the amount of child or
17spousal support payments determined under par. (b) 2. if, after considering the
18factors listed in s. 767.25 (1m)
or 767.51 (5), regardless of the fact that the action is
19not one for a determination of paternity or an action specified in s. 767.25 (1), the
20court finds, by the greater weight of the credible evidence, that the use of the
21percentage standard is unfair to the child or to either of the child's parents.
AB445,40,23
23(1) Study on the guardian ad litem system.
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24(a) The joint legislative council is requested to establish a committee to study
25reforming the guardian ad litem system as it applies to actions affecting the family.
1The committee shall include legislators, attorneys, judges, court commissioners,
2mental health professionals and other individuals representing the public interest.
3The study shall include an examination of at least all of the following:
AB445,41,9
41. The appointment of guardians ad litem, including whether the appointment
5of a guardian ad litem should be required in every case in which legal custody or
6physical placement of a child is contested and whether professionals with specialized
7training and expertise in the emotional and developmental phases and needs of
8children, such as child psychologists, child psychiatrists and child therapists, should
9be appointed to act as guardians ad litem.
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102. The role of the guardian ad litem.
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113. Supervision of guardians ad litem.
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124. Training of guardians ad litem.
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135. Compensation of guardians ad litem.
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14(b) If a committee is established, the committee shall prepare a report with its
15recommendations and shall petition the supreme court to consider rules for the
16reform of the guardian ad litem system on the basis of the recommendations.
AB445,42,7
18(1) The treatment of sections 20.921 (2) (a), 66.184, 102.27 (2) (a), 120.13 (2) (g),
19565.30 (5m), 632.897 (10) (a) 3., 767.045 (1) (a) 2., (am) and (e) and (4m), 767.078 (1)
20(a) 1. and (2), 767.11 (12) (b), 767.115 (title) and (4), 767.23 (1) (a), (am), (c) and (k)
21and (1n), 767.24 (1), (1m), (2) (a), (am), (b) and (c), (4) (c) and (5) (intro.), (a), (bm),
22(cm), (dm), (em), (fm), (g) and (jm), 767.242, 767.25 (1) (intro.), (1m) (b) and (c), (4m)
23(b) and (5), 767.253, 767.254 (2) (intro.), 767.265 (1), (3h), (4) and (6) (a), (b) and (c),
24767.267 (1), 767.29 (1m) (intro.), 767.295 (2) (a) (intro.) and (c), 767.303 (1) (by
25Section 59), 767.32 (1) (b) 4. and (2m), 767.325 (2m), (5m) and (6m), 767.327 (4) and
1(5m), 767.45 (7), 767.455 (6), 767.477 (1) and (2), 767.51 (3), (3m), (3r), (4), (4g), (4m),
2(5), (5d) and (5p), 767.53 (intro.), (1) (intro.) and (3), 767.62 (4) and (4m), 802.12 (3)
3(d) 1. and 3., 808.075 (4) (d) 11. and 948.22 (7) (bm) of the statutes, the renumbering
4and amendment of section 767.24 (4) (a) of the statutes and the creation of section
5767.24 (4) (a) 3. of the statutes first apply to actions affecting the family, including
6actions to enforce or modify a judgment or order in an action affecting the family
7previously granted, that are commenced on the effective date of this subsection.
AB445,42,118
(2) The treatment of sections 767.25 (6) (intro.) and 767.261 (intro.) of the
9statutes first applies to arrearages existing or accruing on the effective date of this
10subsection, regardless of when the order on which the arrearages are based was
11entered.
AB445, s. 92
12Section
92.
Effective dates. This act takes effect on the first day of the 7th
13month beginning after publication, except as follows:
AB445,42,1714
(1)
The treatment of section 767.303 (1) (by
Section 60
) of the statutes takes
15effect on the date stated in the notice published by the secretary of transportation
16in the Wisconsin Administrative Register under section 85.515 of the statutes, or on
17May 1, 2000, whichever is earlier.