AB244: Bill Text

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AB244, s. 26 Section 26. 767.115 (4) of the statutes is repealed.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