AB244: Bill Text

g. Current law relating to GALs and the duties and responsibilities of a GAL in representing the best interest of a child.

h. The potential costs of an action affecting the family, including: representation by an attorney; mediation fees; custody and physical placement study fees; fees and expenses of a GAL and any expert witness ordered to assist the GAL; the costs of mental or physical examinations of a party; and any other costs, fees, or expenses that may be incurred during litigation.

AB244, s. 20 Section 20. 767.115 (1) (bm) of the statutes is created to read:

AB244,8,10 767.115 (1) (bm) In the discretion of the court or circuit court commissioner, the parties may not be required to attend a program under par. (a) or may be required to attend separate sessions of the program if the court or circuit court commissioner finds that attending such a program or attending such a program with the other party would cause undue hardship or endanger the health or safety of one of the parties. In making a determination of whether attending a program under par. (a) or attending the program with the other party would endanger the health or safety of one of the parties, the court or circuit court commissioner shall consider the following:

AB244,8,12 1. Evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2).

AB244,8,14 2. Evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am).

AB244,8,16 3. Evidence that either party has a significant problem with alcohol or other drug abuse.

AB244,8,19 4. Any other evidence indicating that a party's health or safety will be endangered by attending a program or by attending the program with the other party.

Note: Under Section 20, the parties to an action affecting the family may not be required to attend the parent education program or may be required to attend separate sessions of the program if the court or CCC finds that attending such a program or attending such a program with the other party would cause undue hardship or endanger the health or safety of one of the parties. In making this determination, the court or CCC must consider evidence that a party engaged in child abuse; evidence of spousal battery or domestic abuse; evidence that either party has a significant problem with alcohol or other drug abuse; or any other evidence that a party's health or safety will be endangered by attending a program or by attending the program with the other party.

AB244, s. 21 Section 21. 767.115 (1m) of the statutes is amended to read:

AB244,9,8 767.115 (1m) A program under sub. (1) (a) shall be educational rather than therapeutic in nature and may not exceed a total of shall include at least 4 hours in length of instruction or training. The parties shall be responsible for the cost, if any, of attendance at the program. The court or circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

Note: Under current law, the parent education program may not exceed four hours in length. Section 21 amends current law to provide that the program must include at least four hours of instruction or training.

AB244, s. 22 Section 22. 767.115 (2) of the statutes is renumbered 767.115 (2) (a) and amended to read:

AB244,9,15 767.115 (2) (a) Notwithstanding s. 767.07 Except as provided in par. (b), the court or circuit court commissioner may require the parties to an action affecting the family in which a minor child is involved to attend a program under sub. (1) (a) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or circuit court commissioner.

AB244, s. 23 Section 23. 767.115 (2) (b) of the statutes is created to read:

AB244,9,21 767.115 (2) (b) If the parties were not ordered to attend a program under sub. (1) (a) because the court or circuit court commissioner found under sub. (1) (bm) that attending would cause undue hardship or endanger the health or safety of one of the parties, the court or circuit court commissioner may not condition the granting of the final judgment or order in the action affecting the family on attending a program.

Note: Under Sections 22 and 23, a court or CCC may require the parties to an action affecting the family in which a minor child is involved to attend a parent education program as a condition to the granting of a final judgment unless the parties were not ordered to attend a parent education program.

AB244, s. 24 Section 24. 767.115 (2) (c) of the statutes is created to read:

AB244,10,4 767.115 (2) (c) The court or circuit court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a program ordered under sub. (1) (a).

Note: Section 24 provides that a court or CCC may refuse to hear a custody or physical placement motion of a party who is ordered and refuses to attend a parent education program.

AB244, s. 25 Section 25. 767.115 (3) of the statutes is amended to read:

AB244,10,8 767.115 (3) A party who fails to attend a program ordered under sub. (1) (a) or to pay costs specifically ordered under sub. (1m) may be proceeded against under ch. 785 for contempt of court.

Note: Section 25 conforms a cross-reference with a change made in the bill.

AB244, s. 26 Section 26. 767.115 (4) of the statutes is repealed.

Note: Section 26 repeals a provision of current law that permits a court or CCC to order parties to a pending divorce or paternity action to attend a class that addresses such issues as child development, family dynamics, how parental separation affects a child's development, and what parents can do to make raising a child in a separated situation less stressful for the child, because parties to these actions will be required to attend such a class under Sections 9 to 19.

AB244, s. 27 Section 27. 767.24 (1m) (intro.) of the statutes is amended to read:

AB244,11,2 767.24 (1m) Parenting plan. (intro.) In an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference within 60 days after the court waives the requirement to attend mediation or within 60 days after the mediator notifies the court under s. 767.11 (12) (b) that the parties have not reached an agreement, unless the court orders otherwise. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

Note: Section 27 requires parties to file a parenting plan within 60 days after the court waives the requirement to attend mediation or within 60 days after the mediator notifies the court that the parties have not reached an agreement, unless the court orders otherwise. Under current law, the parenting plan must be filed before any pretrial conference.

AB244, s. 28 Section 28. 767.265 (3j) of the statutes is created to read:

AB244,11,9 767.265 (3j) (a) A person who receives notice of assignment under s. 767.045 (6) (b) shall withhold the amount specified in the notice from any money that that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day on which the person pays money to the payer, the person shall send the amount withheld to the guardian ad litem or county treasurer specified in the notice.

AB244,11,14 (b) A person who receives notice of assignment under s. 814.615 (3) shall withhold the amount specified in the notice from any money that that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day on which the person pays money to the payer, the person shall send the amount withheld to the county treasurer specified in the notice.

AB244,11,15 (c) Section 241.09 does not apply to assignments under this subsection.

Note: Section 28 provides that an employer or other person who receives notice of an income-withholding order as provided under Sections 4 and 34 must withhold the amount specified from any money paid to the person subject to the order later than one week after receiving the notice. The money must then be sent to the GAL or county treasurer within five days.

AB244, s. 29 Section 29. 767.265 (4) of the statutes is amended to read:

AB244,11,19 767.265 (4) A withholding assignment or order under this section or s. 767.045 (6) (b), 767.23 (1) (L) or, 767.25 (4m) (c), or 814.615 (3) has priority over any other assignment, garnishment, or similar legal process under state law.

Note: Section 29 provides that, along with income withholding to pay child support, an income-withholding order under Section 4 or 34 has priority over any other assignment, garnishment, or similar legal process.

AB244, s. 30 Section 30. 767.265 (6) (a) of the statutes is renumbered 767.265 (6) (a) 1.

AB244, s. 31 Section 31. 767.265 (6) (a) 2. of the statutes is created to read:

AB244,12,9 767.265 (6) (a) 2. 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 guardian ad litem or county treasurer as provided in sub. (3j), 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.

Note: Section 31 creates penalties for failure to withhold income as ordered under Section 4 or 34.

AB244, s. 32 Section 32. 767.265 (6) (c) of the statutes is amended to read:

AB244,12,19 767.265 (6) (c) No employer may use an assignment under this section or s. 767.045 (6) (b), 767.23 (1) (L) or, 767.25 (4m) (c), or 814.615 (3) as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee 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.

Note: Section 32 provides that an employer may not use an income-withholding order under Section 4 or 34 as a basis for denying a person employment, discharging an employee, or any disciplinary action against an employee.

AB244, s. 33 Section 33. 814.615 (1) (b) of the statutes is amended to read:

AB244,13,4 814.615 (1) (b) The Except as provided in sub. (3), the county shall determine when and how to collect the fees under par. (a). Subject to sub. (3), the county shall reduce the fees in accordance with the parties' ability to pay or provide the services without payment of the fees if both parties are unable to pay.

AB244, s. 34 Section 34. 814.615 (3) of the statutes is amended to read:

AB244,13,13 814.615 (3) The court or circuit court commissioner shall direct either or both parties to pay any applicable fee under this section. In directing the manner of payment of the fees, the court may order that payment be withheld from income and sent to the county treasurer, as provided in s. 767.265 (3j) (b). If the court orders income withholding and assignment for the fees, the court shall send notice of assignment in the manner provided under s. 767.265 (2r). If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.

Note: This Section permits the court or CCC to order income withholding for one or both of the parties in order to collect fees for mediation or a custody and placement study.

AB244, s. 35 Section 35. Initial applicability.

AB244,13,17 (1) This act first applies to actions commenced on the effective date of this subsection, including actions to enforce or modify a judgment or order that was granted before the effective date of this subsection.

Note: Section 35 provides that the provisions of the act first apply to actions affecting the family commenced on the effective date of the act.

AB244,13,18 (End)