SB107: Bill Text

SB107,21,4 767.14 Service on and appearance by family court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such commissioner may shall appear in an action under this chapter when appropriate; and shall appear when requested by the court or by a party.

SB107, s. 51 Section 51. 767.23 (1) (intro.) of the statutes is amended to read:

SB107,21,9 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, including a paternity action after paternity has been adjudicated, the court or family court commissioner may shall, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB107, s. 52 Section 52. 767.23 (1) (a) of the statutes is amended to read:

SB107,21,16 767.23 (1) (a) Upon request of one party, granting Granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The court or family court commissioner may order joint legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. parties. This order may not have a binding effect on a final custody determination.

SB107, s. 53 Section 53. 767.23 (1) (am) of the statutes is repealed and recreated to read:

SB107,21,20 767.23 (1) (am) Granting equal periods of physical placement to the parties unless the parties agree to a different physical placement allocation or unless a conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.

SB107, s. 54 Section 54. 767.23 (1) (bm) of the statutes is repealed.

SB107, s. 55 Section 55. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a) and amended to read:

SB107,22,3 767.23 (1c) (a) Requiring Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

SB107, s. 56 Section 56. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).

SB107, s. 57 Section 57. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).

SB107, s. 58 Section 58. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).

SB107, s. 59 Section 59. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).

SB107, s. 60 Section 60. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).

SB107, s. 61 Section 61. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).

SB107, s. 62 Section 62. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).

SB107, s. 63 Section 63. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i) and amended to read:

SB107,22,15 767.23 (1c) (i) Requiring Subject to s. 767.477, requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor children.

SB107, s. 64 Section 64. 767.23 (1c) (intro.) of the statutes is created to read:

SB107,22,19 767.23 (1c) (intro.) In every action affecting the family, the court or family court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB107, s. 65 Section 65. 767.23 (1n) of the statutes is amended to read:

SB107,23,7 767.23 (1n) Before Except as provided in sub. (1) (a) and (am), before making any temporary order under sub. (1) or (1c), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner 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 or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) or (1c) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

SB107, s. 66 Section 66. 767.23 (2) of the statutes is amended to read:

SB107,23,11 767.23 (2) Notice of motion for an order or order to show cause under sub. (1) or (1c) may be served at the time the action is commenced or at any time thereafter and shall be accompanied by an affidavit stating the basis for the request for relief.

SB107, s. 67 Section 67. 767.24 (1) of the statutes is amended to read:

SB107,23,20 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e), the there are rebuttable presumptions that both parents are fit and have the ability to rear their children, that both parents are qualified to decide what is best for their children and that joint legal custody and equal periods of physical placement are fundamental rights of each parent and child. The court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as are provided in this section.

SB107, s. 68 Section 68. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.) and amended to read:

SB107,24,2 767.24 (2) (a) (intro.) Subject to par. (b), based on the best interest of the child and after considering the factors under sub. (5), the The court may give joint legal custody or sole legal custody of a minor child. to one parent if either of the following applies:

SB107, s. 69 Section 69. 767.24 (2) (a) 1. and 2. of the statutes are created to read:

SB107,24,4 767.24 (2) (a) 1. Both parties agree to sole legal custody with one parent.

SB107,24,6 2. The parental rights of one parent have been terminated under subch. VIII of ch. 48.

SB107, s. 70 Section 70. 767.24 (2) (b) (intro.) of the statutes is amended to read:

SB107,24,9 767.24 (2) (b) (intro.) The court may shall give joint legal custody only if it finds that doing so is in the child's best interest and that if either of the following applies:

SB107, s. 71 Section 71. 767.24 (2) (b) 1. of the statutes is amended to read:

SB107,24,11 767.24 (2) (b) 1. Both parties agree to request joint legal custody.

SB107, s. 72 Section 72. 767.24 (2) (b) 2. (intro.) of the statutes is renumbered 767.24 (2) (b) 2. and amended to read:

SB107,24,16 767.24 (2) (b) 2. The parties do not agree to joint legal custody, but one One party requests joint legal custody and the court specifically finds all of the following: presumption under par. (c) is not created or is rebutted.

SB107, s. 73 Section 73. 767.24 (2) (b) 2. a. to c. of the statutes are repealed.

SB107, s. 74 Section 74. 767.24 (2) (c) of the statutes is created to read:

SB107,25,2 767.24 (2) (c) If one party requests joint legal custody and the other party objects to joint legal custody, on the objection the court is limited to considering whether a party has been convicted of a crime involving abuse, as defined in s. 48.02 (1), of the child, as defined in s. 48.02 (2), or whether a party has been convicted of battery, as described under s. 940.19 or 940.20 (1m), against the other party. Evidence of either conviction creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse or battery will not interfere with the parties' ability to cooperate in the future decision making required.

SB107, s. 75 Section 75. 767.24 (2) (d) of the statutes is created to read:

SB107,25,9 767.24 (2) (d) If a presumption under par. (c) is created and the court orders joint custody because the presumption is rebutted, the court may request that the parties submit in writing suggestions as to how the parties may reduce possible sources of conflict, contact or physical proximity between the parties. The court may order the parties to comply with any suggestions that the court considers appropriate and necessary.

SB107, s. 76 Section 76. 767.24 (3) of the statutes is repealed.

SB107, s. 77 Section 77. 767.24 (4) (a) of the statutes is amended to read:

SB107,25,17 767.24 (4) (a) Except as provided under par. (b), if If the court orders sole legal custody because the parties agree to it under sub. (2) (a) 1. or joint legal custody under sub. (2) (b), the court shall allocate periods of physical placement between the parties in accordance with this subsection. In determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in sub. (5).

SB107, s. 78 Section 78. 767.24 (4) (b) of the statutes is repealed and recreated to read:

SB107,26,3 767.24 (4) (b) The court shall approve any written schedule for physical placement that the parties agree to and submit to the court. If the parties do not agree on a placement schedule, the court shall require each party to submit a placement proposal. The court shall approve the proposal submitted that sets forth the most equal allocation of periods of physical placement between the parties. If neither party proposes substantially equal periods of physical placement and each party proposes that he or she be awarded physical placement for the greater period of time, the court shall allocate equal alternating periods of physical placement between the parties and shall require that the parties annually alternate spending all of the following with the child:

SB107,26,4 1. New Year's Day.

SB107,26,5 2. Easter.

SB107,26,6 3. Memorial Day.

SB107,26,7 4. Independence Day (July 4).

SB107,26,8 5. Labor Day.

SB107,26,9 6. Thanksgiving Day.

SB107,26,10 7. Christmas Eve.

SB107,26,11 8. Christmas Day.

SB107,26,12 9. New Year's Eve.

SB107,26,13 10. The child's birthday.

SB107, s. 79 Section 79. 767.24 (4) (cm) of the statutes is repealed.

SB107, s. 80 Section 80. 767.24 (4) (d) of the statutes is amended to read:

SB107,26,18 767.24 (4) (d) If the The court grants periods of physical placement to more than one parent, it shall order a parent with legal custody and physical placement rights to provide the notice required under s. 767.327 (1) (2).

SB107, s. 81 Section 81. 767.24 (5) of the statutes is repealed.

SB107, s. 82 Section 82. 767.24 (6) (a) and (am) of the statutes are repealed.

SB107, s. 83 Section 83. 767.24 (6) (b) of the statutes is amended to read:

SB107,27,2 767.24 (6) (b) Notwithstanding s. 767.001 (1s), in making an order of If the court awards joint legal custody, the court may give one party parties may stipulate that one party has the sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions. The court shall incorporate the terms of the stipulation into the final judgment or order.

SB107, s. 84 Section 84. 767.24 (6) (bm) of the statutes is created to read:

SB107,27,9 767.24 (6) (bm) If the court awards joint legal custody, the parties may stipulate to the primary care physicians for a minor child, and the court shall incorporate the terms of the stipulation into the final judgment or order. If the parties do not agree on the primary care physicians, the court may specify the primary care physicians for a minor child after considering the child's present health care and health insurance arrangements and any orders made by the court under s. 767.25 (4m).

SB107, s. 85 Section 85. 767.24 (6) (c) of the statutes is amended to read:

SB107,27,16 767.24 (6) (c) In making an order of joint legal custody and periods of physical placement, the The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purpose of determining eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161 or for any other purpose the court considers appropriate only if both parents are dependent persons, as defined in s. 49.01 (2).

SB107, s. 86 Section 86. 767.245 (1) of the statutes is amended to read:

SB107,27,24 767.245 (1) Except as provided in sub. (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that by a preponderance of the evidence that the visitation is in the best interest of the child not harmful to the child or to the child's relationship with either of the child's parents.

SB107, s. 87 Section 87. 767.245 (2) of the statutes is repealed.

SB107, s. 88 Section 88. 767.245 (3) (intro.) of the statutes is amended to read:

SB107,28,5 767.245 (3) (intro.) The court may grant reasonable visitation rights, with respect to a child, to a grandparent of the child if the child's parents have notice of the hearing and the court determines, by a preponderance of the evidence, all of the following:

SB107, s. 89 Section 89. 767.245 (3) (f) of the statutes is amended to read:

SB107,28,8 767.245 (3) (f) The visitation is in the best interest of the child not harmful to the child or to the child's relationship with either of the child's parents.

SB107, s. 90 Section 90. 767.245 (3m) (c) of the statutes is amended to read:

SB107,28,12 767.245 (3m) (c) If a party or the any guardian ad litem appointed under s. 48.235 refuses to accept a recommendation under this subsection, the action shall be set for trial.

SB107, s. 91 Section 91. 767.25 (1m) (hm) of the statutes is repealed.

SB107, s. 92 Section 92. 767.25 (2) of the statutes is amended to read:

SB107,28,18 767.25 (2) The court may protect and promote the best interests of the minor children by setting set aside a portion of the child support which either party is ordered to pay in a separate fund or trust for the support, education and welfare of such children.

SB107, s. 93 Section 93. 767.255 (1) of the statutes is amended to read:

SB107,29,3 767.255 (1) Upon every judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide the property of the parties and divest and transfer the title of any such property accordingly. A certified copy of the portion of the judgment that affects title to real estate shall be recorded in the office of the register of deeds of the county in which the lands so affected are situated. The court may protect and promote the best interests of the children by setting set aside a portion of the property of the parties in a separate fund or trust for the support, maintenance, education and general welfare of any minor children of the parties.

SB107, s. 94 Section 94. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

SB107,29,22 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L) (1c) (i), 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 clerk of court or support collection designee, whichever is appropriate, of the jurisdiction providing notice 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 clerk of court or support collection designee, the person from whom the payer receives money shall report to the clerk or support collection 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 clerk of court or support collection 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.

SB107, s. 95 Section 95. 767.265 (4) of the statutes is amended to read:

SB107,30,3 767.265 (4) A withholding assignment or order under this section or s. 767.23 (1) (L) (1c) (i), 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.

SB107, s. 96 Section 96. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

SB107,30,14 767.265 (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 clerk of court or support collection designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L) (1c) (i), 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.