SB107: Bill Text

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.

SB107, s. 97 Section 97. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

SB107,30,22 767.265 (6) (b) If an employer who receives an 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. fails to notify the clerk of court or support collection 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.

SB107, s. 98 Section 98. 767.265 (6) (c) of the statutes is amended to read:

SB107,31,7 767.265 (6) (c) No employer may use an 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. 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.

SB107, s. 99 Section 99. 767.325 (1) of the statutes is repealed and recreated to read:

SB107,31,11 767.325 (1) Modifications. (a) The court shall modify an order of physical placement in a way that alters the time a parent may spend with his or her child or an order of legal custody if any of the following applies:

SB107,31,13 1. A parent requests a modification and the current order is not in conformity with s. 767.24.

SB107,31,15 2. The parental rights of a parent have been terminated under subch. VIII of ch. 48.

SB107,31,16 3. The parties agree to a modification.

SB107,31,17 (b) A modification under this subsection shall be consistent with s. 767.24.

SB107, s. 100 Section 100. 767.325 (2) of the statutes is repealed.

SB107, s. 101 Section 101. 767.325 (3) of the statutes is repealed.

SB107, s. 102 Section 102. 767.325 (4) of the statutes is repealed.

SB107, s. 103 Section 103. 767.327 of the statutes is repealed and recreated to read:

SB107,32,3 767.327 Moving the child's residence outside the school district and other removals. (1) Except as provided in sub. (5), if both parents of a child in an action affecting the family are awarded physical placement rights to the child, neither parent may establish a legal residence for the child outside the school district in which the child resided on the 180th day before the commencement of the action affecting the family, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties.

SB107,32,10 (2) (a) A parent specified in sub. (1) who wishes to establish his or her legal residence outside the state or at any location within the state that is at a distance of 150 miles or more from the school district in which the child resided on the 180th day before the commencement of the action affecting the family, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties, shall provide not less than 60 days' written notice to the other parent, with a copy to the court, of his or her intent regarding changing his or her legal residence.

SB107,32,14 (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location of the move, and that the other parent may request a modification to the physical placement order as provided in sub. (3).

SB107,32,18 (3) If the proposed move under sub. (2) would make it difficult or impractical for the parties to comply with the physical placement order and at the same time for the child to remain in the same school district, either party may file a petition, motion or order to show cause for modification of the physical placement order.

SB107,32,23 (4) (a) If after a notice under sub. (2) has been sent or a petition, motion or order to show cause under sub. (3) has been filed the parties agree to a modification of the physical placement order or to a change in the child's school district and file a stipulation with the court, the court shall approve the agreement and incorporate the terms of the stipulation into a revised order.

SB107,33,3 (b) If the parties do not agree to a modification after a petition, motion or order to show cause under sub. (3) has been filed, the court may modify the physical placement order, subject to all of the following:

SB107,33,7 1. The parent not proposing the move shall be awarded periods of physical placement that include weekdays and weeknights when school is in session, at least one weekend per month, at least 4 weeks during the summer months when school is not in session and alternating holidays.