AB354: Bill Text

AB354, s. 166 Section 166. 767.125 of the statutes is amended to read:

AB354,60,8 767.125 Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or family a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.

AB354, s. 167 Section 167. 767.13 (title) of the statutes is repealed.

AB354, s. 168 Section 168. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and amended to read:

AB354,60,18 757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint some reputable attorney of recognized ability and standing at the bar as the a circuit court commissioner to supervise the office of family court commissioner for the county.

AB354,61,10 2. `Powers; civil service; oath; temporary appointment; assistants.' The family court commissioner, by virtue of the office and to the extent required for the performance of the duties, has the powers of a court commissioner. The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by s.757.68 sub. (1). The circuit court commissioner supervising the office of the family court commissioner, or any assistant circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board. Before entering upon the discharge of the duties the family court commissioner shall take and file the official oath. The person appointed shall continue to act until a successor is appointed and qualified, except that in the event of disability or extended absence the judges may appoint another reputable attorney to act as temporary family court commissioner. The county board may provide that one or more assistant family court commissioners shall be appointed by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district. An assistant family court commissioner shall have the same qualifications as the commissioner and shall take and file the official oath.

AB354, s. 169 Section 169. 767.13 (2) (title) of the statutes is repealed.

AB354, s. 170 Section 170. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and amended to read:

AB354,61,21 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional assistant family circuit court commissioners commissioner positions as the county board shall determine and authorize, who. Circuit court commissioners shall be appointed from the membership of the bar residing in the county to these positions by the chief judge of the judicial administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).

AB354, s. 171 Section 171. 767.13 (2) (b), (3) and (4) of the statutes are repealed.

AB354, s. 172 Section 172. 767.13 (5) (title) and (a) (title) of the statutes are repealed.

AB354, s. 173 Section 173. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) (intro.) and amended to read:

AB354,62,4 757.69 (1) (p) (intro.) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a family court commissioner may preside When assigned to assist in matters affecting the family:

AB354,62,14 1. Preside at any hearing held to determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce. The family A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this paragraph subdivision unless the judgment modifies an agreement between the parties on material issues. If the family circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.

AB354, s. 174 Section 174. 767.13 (5) (b) (title) of the statutes is repealed.

AB354, s. 175 Section 175. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and amended to read:

AB354,62,21 757.69 (1) (p) 2. On authority delegated by a judge, which may be by a standard order, a family court commissioner may conduct Conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.

AB354, s. 176 Section 176. 767.13 (5) (c) (title) of the statutes is repealed.

AB354, s. 177 Section 177. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and amended to read:

AB354,63,6 757.69 (1) (p) 3. Except when otherwise ordered by a judge, a family court commissioner may prohibited by the chief judge of the judicial administrative district, conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.

AB354, s. 178 Section 178. 767.13 (6) of the statutes is repealed.

AB354, s. 179 Section 179. 767.13 (7) (title) of the statutes is repealed.

AB354, s. 180 Section 180. 767.13 (7) of the statutes is renumbered 757.69 (2t) and amended to read:

AB354,63,13 757.69 (2t) Each family A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.

AB354, s. 181 Section 181. 767.14 of the statutes is amended to read:

AB354,63,24 767.14 Service on office of family court commissioner and appearance by family circuit 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 circuit court commissioner supervising the office of 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 A circuit court commissioner assisting in matters affecting the family may appear in an action under this chapter when appropriate; and shall appear when requested by the court.

AB354, s. 182 Section 182. 767.145 (1) of the statutes is amended to read:

AB354,64,4 767.145 (1) After the expiration of the period specified by the statute, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the circuit court commissioner supervising the office of family court commissioner.

AB354, s. 183 Section 183. 767.15 (1) of the statutes is amended to read:

AB354,64,13 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under s. 59.53 (5) of the county in which the action is begun.

AB354, s. 184 Section 184. 767.16 of the statutes is amended to read:

AB354,64,24 767.16 Family Circuit court commissioner or law partner; when interested; procedure. Neither a family circuit court commissioner assisting in matters affecting the family nor a partner may appear in any action affecting the family in any court held in the county in which the family circuit court commissioner is acting, except when authorized to appear by s. 767.14. In case the circuit court commissioner or a partner shall be in any way interested in such action, the presiding judge shall appoint some reputable attorney to perform the services enjoined upon such family the circuit court commissioner and such. The appointed attorney, so appointed, shall take and file the oath and receive the compensation provided by law.

AB354, s. 185 Section 185. 767.17 of the statutes is repealed.

AB354, s. 186 Section 186. 767.23 (1) (intro.) of the statutes is amended to read:

AB354,65,5 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, the court or family circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

AB354, s. 187 Section 187. 767.23 (1) (a) of the statutes is amended to read:

AB354,65,12 767.23 (1) (a) Upon request of one party, 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), in a manner consistent with s. 767.24, except that the court or family circuit court commissioner may order sole legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.

AB354, s. 188 Section 188. 767.23 (1) (am) of the statutes is amended to read:

AB354,65,18 767.23 (1) (am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.24. The court or family circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB354, s. 189 Section 189. 767.23 (1m) of the statutes is amended to read:

AB354,65,25 767.23 (1m) If a family circuit court commissioner believes that a temporary restraining order or injunction under s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the family circuit court commissioner shall submit the motion to the court within 5 working days.

AB354, s. 190 Section 190. 767.23 (1n) of the statutes is amended to read:

AB354,66,14 767.23 (1n) Before making any temporary order under sub. (1), the court or family circuit court commissioner shall consider those factors that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or family circuit court commissioner shall consider the factors under s. 767.24 (5). If the court or family circuit 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 circuit court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family circuit court commissioner. Temporary orders made by the family a circuit court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB354, s. 191 Section 191. 767.242 (3) (b) of the statutes is amended to read:

AB354,66,19 767.242 (3) (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family circuit court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.

AB354, s. 192 Section 192. 767.242 (3) (c) of the statutes is amended to read:

AB354,66,22 767.242 (3) (c) A judge or family circuit court commissioner shall accept any legible petition for an order under this section.

AB354, s. 193 Section 193. 767.242 (5) (a) of the statutes is amended to read:

AB354,67,5 767.242 (5) (a) A judge or family circuit court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or family circuit court commissioner. The judge or family circuit court commissioner may, on his or her own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

AB354, s. 194 Section 194. 767.242 (5) (b) (intro.) of the statutes is amended to read:

AB354,67,12 767.242 (5) (b) (intro.) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the respondent has intentionally and unreasonably denied the petitioner one or more periods of physical placement or that the respondent has intentionally and unreasonably interfered with one or more of the petitioner's periods of physical placement, the court or family circuit court commissioner:

AB354, s. 195 Section 195. 767.242 (5) (b) 2. c. of the statutes is amended to read:

AB354,67,19 767.242 (5) (b) 2. c. Grant an injunction ordering the respondent to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or family circuit court commissioner shall consider whether alternative remedies requested by the petitioner would be as effective in obtaining compliance with the order or judgment relating to physical placement.

AB354, s. 196 Section 196. 767.242 (5) (c) of the statutes is amended to read:

AB354,68,3 767.242 (5) (c) If, at the conclusion of the hearing, the judge or family circuit court commissioner finds that the petitioner has incurred a financial loss or expenses as a result of the respondent's failure, intentionally and unreasonably and without adequate notice to the petitioner, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or family circuit court commissioner may issue an order requiring the respondent to pay to the petitioner a sum of money sufficient to compensate the petitioner for the financial loss or expenses.

AB354, s. 197 Section 197. 767.242 (5) (d) of the statutes is amended to read:

AB354,68,7 767.242 (5) (d) Except as provided in par. (b) 1. a. and 2. a., the judge or family circuit court commissioner may not modify an order of legal custody or physical placement in an action under this section.

AB354, s. 198 Section 198. 767.242 (6) (a) of the statutes is amended to read:

AB354,68,11 767.242 (6) (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or family circuit court commissioner shall order the sheriff to assist the petitioner in executing or serving the injunction.

AB354, s. 199 Section 199. 767.247 of the statutes is amended to read:

AB354,68,20 767.247 Prohibiting visitation or physical placement if a parent kills other parent. (1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or family circuit court commissioner may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB354,68,25 (2) Subsection (1) does not apply if the court or family circuit court commissioner determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court or family circuit court commissioner shall consider the wishes of the child in making the determination.

AB354, s. 200 Section 200. 767.25 (4m) (f) 2. of the statutes is amended to read:

AB354,69,11 767.25 (4m) (f) 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 business days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family circuit court commissioner. If the parent requests a hearing and the court or family circuit court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

AB354, s. 201 Section 201. 767.265 (1) of the statutes is amended to read:

AB354,70,4 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4), for support by a spouse under s. 767.02 (1) (f), for maintenance payments under s. 767.02 (1) (g) or for the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family a circuit court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments installments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB354, s. 202 Section 202. 767.265 (2h) of the statutes is amended to read:

AB354,70,23 767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support, family support or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family circuit court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

AB354, s. 203 Section 203. 767.265 (2m) (b) of the statutes is amended to read:

AB354,71,13 767.265 (2m) (b) The county child support agency under s. 59.53 (5) may cause an assignment under par. (a) to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family circuit court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family circuit court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a family circuit court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.

AB354, s. 204 Section 204. 767.265 (2r) of the statutes is amended to read:

AB354,72,5 767.265 (2r) Upon entry of each order for child support, maintenance, family support, support by a spouse or the annual receiving and disbursing fee, and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

AB354, s. 205 Section 205. 767.267 (1) of the statutes is amended to read:

AB354,72,25 767.267 (1) If the court or the family circuit 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) 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 circuit 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 circuit court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employee or agent of the financial institution to disclose information to the court, family circuit 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.

AB354, s. 206 Section 206. 767.267 (5) of the statutes is amended to read:

AB354,73,6 767.267 (5) A financial institution or an officer, employee or agent of a financial institution may disclose information to the court, family circuit court commissioner, county child support agency under s. 59.53 (5), department or department's designee concerning an account for which a payer has executed an authorization for transfer under sub. (1).

AB354, s. 207 Section 207. 767.27 (2) of the statutes is amended to read:

AB354,73,12 767.27 (2) Except as provided in sub. (2m), disclosure forms required under this section shall be filed within 90 days after the service of summons or the filing of a joint petition or at such other time as ordered by the court or family circuit court commissioner. Information contained on such forms shall be updated on the record to the date of hearing.

AB354, s. 208 Section 208. 767.29 (title) of the statutes is amended to read:

AB354,73,16 767.29 (title) Maintenance, child support and family support payments, receipt and disbursement; family circuit court commissioner, fees and compensation.

AB354, s. 209 Section 209. 767.29 (1) (c) of the statutes is amended to read:

AB354,74,2 767.29 (1) (c) Except as provided in sub. (1m), the department or its designee shall disburse the money received under the judgment or order in the manner required by federal regulations and take receipts therefor, unless the department or its designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the department or its designee, whichever is appropriate, which shall be open to inspection by the parties to the action, their attorneys and the family circuit court commissioner.

AB354, s. 210 Section 210. 767.29 (1) (d) of the statutes is amended to read:

AB354,74,18 767.29 (1) (d) For receiving and disbursing maintenance, child support or family support payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $25. The court or family circuit court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph in each year for which payments are ordered. In directing the manner of payment of the annual fee, the court or family circuit court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family circuit court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the department or its designee may not deduct the annual fee from the maintenance or child or family support payment, but may move the court for a remedial sanction under ch. 785.

AB354, s. 211 Section 211. 767.29 (1) (e) of the statutes is amended to read:

AB354,75,7 767.29 (1) (e) If the maintenance, child support or family support payments adjudged or ordered to be paid are not paid to the department or its designee at the time provided in the judgment or order, the county child support agency under s. 59.53 (5) or the family a circuit court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family circuit court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the department.

AB354, s. 212 Section 212. 767.29 (1m) (b) of the statutes is amended to read:

AB354,75,12 767.29 (1m) (b) The court or the family circuit court commissioner has ordered that overpayments of child support, family support or maintenance that do not exceed the amount of support or maintenance due in the next month may be held for disbursement in the next month.

AB354, s. 213 Section 213. 767.29 (3) (a) of the statutes is amended to read: