SB107, s. 120
8Section
120. 767.51 (3) of the statutes is amended to read:
SB107,37,249
767.51
(3) A judgment or order determining paternity may contain any other
10provision directed against the
appropriate party
parties to the proceeding,
11concerning the duty of support, the legal custody and guardianship of the child,
12periods of physical placement, the furnishing of bond or other security for the
13payment of the judgment, or any other matter
in the best interest of the child. Unless
14the court orders otherwise, if there is no presumption of paternity under s. 891.41
15(1) the mother shall have sole legal custody of the child. The court shall order either
16party or both to pay for the support of any child of the parties who is less than 18 years
17old, or any child of the parties who is less than 19 years old if the child is pursuing
18an accredited course of instruction leading to the acquisition of a high school diploma
19or its equivalent. The judgment or order may direct the father to
pay or contribute 20make an equal contribution to the reasonable expenses of the mother's pregnancy
21and confinement during pregnancy and
may shall direct
either party both parties to
22pay or contribute to the costs of genetic tests, attorney fees and other costs.
23Contributions to the costs of genetic tests shall be paid to the county which paid for
24the genetic tests.
SB107, s. 121
25Section
121. 767.51 (4) of the statutes is amended to read:
SB107,38,7
1767.51
(4) Support judgments or orders ordinarily shall be for periodic
2payments which may vary in amount if appropriate. The payment amount may be
3expressed as a percentage of the parent's income or as a fixed sum, or as a
4combination of both in the alternative by requiring payment of the greater or lesser
5of either a percentage of the parent's income or a fixed sum. The father's liability for
6past support of the child shall be limited to support for the period after
the birth of
7the child paternity has been adjudicated.
SB107, s. 122
8Section
122. 767.51 (5) (e) of the statutes is amended to read:
SB107,38,109
767.51
(5) (e) The need and capacity of the child for education
, including higher
10education.
SB107, s. 123
11Section
123. 767.51 (5) (i), (im) and (j) of the statutes are repealed.
SB107, s. 124
12Section
124. 767.51 (6) of the statutes is amended to read:
SB107,38,1513
767.51
(6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29,
14767.293, 767.30, 767.305, 767.31, 767.32
and, 767.325,
767.327 and 767.329, where
15applicable, shall apply to a judgment or order under this section.
SB107, s. 125
16Section
125. 767.52 (1) of the statutes is amended to read:
SB107,38,2417
767.52
(1) At the pretrial hearing, at the trial and in any further proceedings
18in any paternity action, any party may be represented by counsel. If the respondent
19is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is
20represented by a government attorney as provided in s. 767.45 (6) or the action is
21commenced on behalf of the child by an attorney appointed under s. 767.045
(1) (c) 22(2) (a), counsel shall be appointed for the respondent as provided in ch. 977, and
23subject to the limitations under sub. (2m), unless the respondent knowingly and
24voluntarily waives the appointment of counsel.
SB107, s. 126
25Section
126. 767.53 (3) of the statutes is created to read:
SB107,39,2
1767.53
(3) The records of any past proceeding in which paternity was
2established are open to public inspection under ss. 19.31 to 19.39.
SB107, s. 127
3Section
127. 767.62 (3) (b) of the statutes is amended to read:
SB107,39,74
767.62
(3) (b)
Except as provided in s. 767.045, in In an action specified in par.
5(a)
, the court or family court commissioner
may appoint a guardian ad litem for the
6child and shall appoint a guardian ad litem for a party who is a minor, unless the
7minor party is represented by an attorney.
SB107, s. 128
8Section
128. 767.62 (4) (a) of the statutes is amended to read:
SB107,39,249
767.62
(4) (a) In an action under sub. (3) (a), if the persons who signed and filed
10the statement acknowledging paternity as parents of the child had notice of the
11hearing, the court or family court commissioner may make an order that contains
12any provision directed against the
appropriate party
parties to the proceeding
13concerning the duty of support, the legal custody or guardianship of the child, periods
14of physical placement, the furnishing of bond or other security for the payment of
15amounts under the order or any other matter
in the best interest of the child. Unless
16the court orders otherwise, if there is no presumption of paternity under s. 891.41
17(1) the mother shall have sole legal custody of the child. The court or family court
18commissioner shall order either party or both to pay for the support of any child of
19the parties who is less than 18 years old, or any child of the parties who is less than
2019 years old if the child is pursuing an accredited course of instruction leading to the
21acquisition of a high school diploma or its equivalent. The order may direct the father
22to
pay or contribute make an equal contribution to the reasonable expenses of the
23mother's pregnancy and confinement during pregnancy and
may shall direct
either
24party both parties to pay or contribute to the costs of attorney fees or other costs.
SB107, s. 129
25Section
129. 767.62 (4) (d) 3. of the statutes is amended to read:
SB107,40,8
1767.62
(4) (d) 3. Support orders under par. (a) ordinarily shall be for periodic
2payments which may vary in amount if appropriate. The payment amount may be
3expressed as a percentage of the parent's income or as a fixed sum, or as a
4combination of both in the alternative by requiring payment of the greater or lesser
5of either a percentage of the parent's income or a fixed sum. The father's liability for
6past support of the child shall be limited to support for the period after the
birth of
7the child date on which the statement acknowledging paternity was filed with the
8state registrar under s. 69.15 (3) (b) 3.
SB107, s. 130
9Section
130. 767.62 (4) (e) 6. of the statutes is amended to read:
SB107,40,1110
767.62
(4) (e) 6. The need and capacity of the child for education
, including
11higher education.
SB107, s. 131
12Section
131. 767.62 (4) (e) 12., 13. and 14. of the statutes are repealed.
SB107, s. 132
13Section
132. 769.302 of the statutes is amended to read:
SB107,40,22
14769.302 Action by minor parent. A minor parent, or a guardian or other
15legal representative of a minor parent, may maintain a proceeding on behalf of or for
16the benefit of the minor's child. Notwithstanding s.
767.045 (1) or 803.01 (3),
the
17court may appoint a guardian ad litem for the minor's child, but the court need not
18appoint a guardian ad litem for a minor parent who maintains such a proceeding
19unless the proceeding is one for the determination of parentage, in which case the
20court or a family court commissioner shall appoint a guardian ad litem for a minor
21parent within this state who maintains such a proceeding or for a minor within this
22state who is alleged to be a parent, as provided in s. 767.475 (1).
SB107, s. 133
23Section
133. 802.12 (3) (b) of the statutes is amended to read:
SB107,41,3
1802.12
(3) (b) If a guardian ad litem has been appointed
under s. 48.235, he or
2she shall be a party to any settlement alternative regarding custody, physical
3placement, visitation rights, support or other interests of the ward.
SB107, s. 134
4Section
134. 803.01 (3) (b) 1. of the statutes is amended to read:
SB107,41,115
803.01
(3) (b) 1. The guardian ad litem shall be appointed by a circuit court of
6the county where the action is to be commenced or is pending, except that
the a 7guardian ad litem
appointed under s. 767.475 (1) shall be appointed by a family court
8commissioner of the county in
those actions to establish paternity that are before the
9family court commissioner
and a guardian ad litem appointed under s. 767.62 (3) (b)
10shall be appointed by a family court commissioner of the county in those actions
11specified in s. 767.62 (3) (a) that are before the family court commissioner.
SB107, s. 135
12Section
135. 803.01 (3) (b) 2. of the statutes is amended to read:
SB107,41,2013
803.01
(3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the
14plaintiff's application or upon the state's application under s. 767.045
(1) (c) (2) (a);
15or if the plaintiff is under that age or is mentally incompetent, upon application of
16the plaintiff's guardian or of a relative or friend or upon application of the state under
17s. 767.045
(1) (c) (2) (a). If the application is made by a relative, friend or the state,
18notice thereof must first be given to the guardian if the plaintiff has one in this state;
19if the plaintiff has none, then to the person with whom the minor or mentally
20incompetent resides or who has the minor or mentally incompetent in custody.
SB107, s. 136
21Section
136. 814.61 (1) (c) 1. of the statutes is amended to read:
SB107,41,2422
814.61
(1) (c) 1. An action to determine paternity brought by the state or its
23delegate under s. 767.45 (1) (g) or (h) or commenced on behalf of the child by an
24attorney appointed under s. 767.045
(1) (c) (2) (a).
SB107, s. 137
25Section
137. 814.61 (7) (c) of the statutes is amended to read:
SB107,42,6
1814.61
(7) (c) Paragraphs (a) and (b) do not apply to a petition or motion filed
2by the state or its delegate in connection with an action to determine paternity under
3s. 767.45 (1) (g), to a petition or motion filed by an attorney appointed under s.
4767.045
(1) (c) (2) (a) in connection with an action to determine paternity when the
5circumstances specified in s. 767.045
(1) (c) (2) (a) 1. or 2. apply or to a petition or
6motion filed in an action under ch. 769.
SB107, s. 138
7Section
138. 891.39 (1) (a) of the statutes is renumbered 891.39 (1) and
8amended to read:
SB107,42,219
891.39
(1) Whenever it is established in an action or proceeding that a child was
10born to a woman while she was the lawful wife of a specified man, any party asserting
11in such action or proceeding that the husband was not the father of the child shall
12have the burden of proving that assertion by a clear and satisfactory preponderance
13of the evidence. In all such actions or proceedings the husband and the wife are
14competent to testify as witnesses to the facts.
The
Except as provided in s. 767.045,
15the court or judge in such cases shall appoint a guardian ad litem to appear for and
16represent the child whose paternity is questioned. Results of a genetic test, as
17defined in s. 767.001 (1m), showing that a man other than the husband is not
18excluded as the father of the child and that the statistical probability of the man's
19parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the
20evidence of the assertion under this paragraph, even if the husband is unavailable
21to submit to genetic tests, as defined in s. 767.001 (1m).
SB107, s. 139
22Section
139. 891.39 (1) (b) of the statutes is repealed.
SB107, s. 140
23Section
140. 977.05 (4) (i) 7. of the statutes is amended to read:
SB107,43,224
977.05
(4) (i) 7. Cases involving paternity determinations, as specified under
25s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the
1action is commenced on behalf of the child by an attorney appointed under s. 767.045
2(1) (c) (2) (a).
SB107, s. 141
3Section
141. 977.05 (6) (b) 1. of the statutes is amended to read:
SB107,43,54
977.05
(6) (b) 1. The action is not brought by the state, its delegate under s.
559.53 (6) (a) or an attorney appointed under s. 767.045
(1) (c) (2) (a).
SB107,43,97
(1) This act first applies to actions affecting the family, including an action to
8enforce or modify a judgment or order in an action affecting the family previously
9granted, that are commenced on the effective date of this subsection.