AB992: Bill Text

AB992,43,24 I UNDERSTAND THAT:

AB992,44,3 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589 (4) OF THE WISCONSIN STATUTES.

AB992,44,8 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

AB992,44,11 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB992,44,14 The undersigned terminates the statutory terminable individual property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.589 of the Wisconsin Statutes.

AB992,44,15 Signature: ....

AB992,44,16 Date: ....

AB992,44,17 Print Name Here: ....

AB992,44,18 Residence Address: ....

AB992,44,19 Schedule "a"

AB992,44,20 Financial Disclosure

AB992,44,24 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

AB992,44,25 Husband Name of One Spouse Wife Name of Other Spouse Both Names

AB992,45,1 I.    Assets:

AB992,45,2 A.  Real estate (gross value)

AB992,45,3 B.  Stocks, bonds and mutual funds

AB992,45,4 C.  Accounts at and certificates and

AB992,45,5         other instruments issued by

AB992,45,6         financial institutions

AB992,45,7 D.  Mortgages, land contracts,

AB992,45,8      promissory notes and cash

AB992,45,9 E.  Partnership interests

AB992,45,10 EL. Limited liability company interests

AB992,45,11 F.  Trust interests

AB992,45,12 G.  Livestock, farm products, crops

AB992,45,13 H. Automobiles and other vehicles

AB992,45,14 I.  Jewelry and personal effects

AB992,45,15 J. Household furnishings

AB992,45,16 K.   Life insurance and annuities:

AB992,45,17 1. Face value

AB992,45,18 2. Cash surrender value

AB992,45,19 L.  Retirement benefits (include value):

AB992,45,20 1. Pension plans

AB992,45,21 2. Profit sharing plans

AB992,45,22 3. HR-10 KEOGH plans

AB992,45,23 4. IRAs

AB992,45,24 5. Deferred compensation plans

AB992,45,25 M. Other assets not listed elsewhere

AB992,46,1 II.   Obligations (total outstanding balance):

AB992,46,2 A. Mortgages and liens

AB992,46,3 B. Credit cards

AB992,46,4 C. Other obligations to financial

AB992,46,5       institutions

AB992,46,6 D. Alimony, maintenance and child

AB992,46,7       support (per month)

AB992,46,8 E. Other obligations (such as other obligations

AB992,46,9       to individuals guarantees,

AB992,46,10       contingent liabilities)

AB992,46,11 III.   Annual compensation for services:

AB992,46,12       (for example, wages and income from

AB992,46,13       self-employment; also include social security,

AB992,46,14       disability and similar income here)

AB992,46,15 (IF YOU NEED ADDITIONAL SPACE,

AB992,46,16 ADD ADDITIONAL SHEETS.)

AB992, s. 73 Section 73. 767.082 of the statutes is amended to read:

AB992,47,6 767.082 Suspension of proceedings to effect reconciliation. During the pendency of any action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable so as to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the period of suspension the parties may resume living together as husband and wife spouses and their acts and conduct shall not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action if such is the case. Suspension may be revoked upon motion of either party by order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

AB992, s. 74 Section 74. 767.085 (1) (a) of the statutes is amended to read:

AB992,47,10 767.085 (1) (a) The name and birthdate of the parties, the social security numbers of the husband and wife spouses and their occupations, the date and place of marriage, and the facts relating to the residence of both parties.

AB992, s. 75 Section 75. 767.085 (1) (b) of the statutes is amended to read:

AB992,47,14 767.085 (1) (b) The name, birthdate, and social security number of each minor child of the parties and each other child born to the wife a spouse during the marriage, and whether the wife a spouse is pregnant.

AB992, s. 76 Section 76. 767.458 (1m) of the statutes is amended to read:

AB992,47,24 767.458 (1m) In an action to establish the paternity of a child who was born to a woman while she was married to a man, where a man other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father, a party may allege that a judicial determination that a man other than the husband woman's spouse is the father is not in the best interest of the child. If the court or a circuit or supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a man other than the husband woman's spouse is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB992, s. 77 Section 77. 767.47 (9) of the statutes is amended to read:

AB992,48,3 767.47 (9) Where a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

AB992, s. 78 Section 78. 767.50 (1) of the statutes is amended to read:

AB992,48,25 767.50 (1) The trial shall be divided into 2 parts. The first part shall deal with the determination of paternity. The 2nd part shall deal with child support, legal custody, periods of physical placement, and related issues. At the first part of the trial, the main issue shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified man there shall first be determined, as provided in s. 891.39, the prior issue of whether the husband mother's spouse was not the father of the child. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or at the pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct, and if requested by either party, before the introduction of any testimony in the party's behalf, shall direct the jury, in cases where there is a jury, to find a special verdict as to any of the issues specified in this section except that the court shall make all the findings enumerated in s. 767.51 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.45 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

AB992, s. 79 Section 79. 769.316 (9) of the statutes is amended to read:

AB992,49,3 769.316 (9) The defense of immunity based on the relationship of husband and wife spouses or parent and child does not apply in a proceeding under this chapter.

AB992, s. 80 Section 80. 815.20 (1) of the statutes is amended to read:

AB992,49,21 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment and from liability for the debts of the owner to the amount of $40,000, except mortgages, laborers', mechanics' and purchase money liens and taxes and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $40,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and when they reside in the same household may be claimed by either or may be divided in any proportion between them, but the exemption may not exceed $40,000 for the household. If the husband and wife spouses fail to agree on the division of exemption, the exemption shall be divided between them by the court in which the first judgment was taken. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB992, s. 81 Section 81. 851.30 (2) (a) of the statutes is amended to read:

AB992,50,2 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife spouses.

AB992, s. 82 Section 82. 854.03 (3) of the statutes is amended to read:

AB992,50,10 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife both spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50% of the marital property shall be distributed as if it were the husband's one spouse's individual property and the husband that spouse had survived, and 50% of the marital property shall be distributed as if it were the wife's other spouse's individual property and the wife that spouse had survived.

AB992, s. 83 Section 83. 880.12 (1) of the statutes is amended to read:

AB992,50,16 880.12 (1) The court shall after hearing determine whether the person is a proper subject for guardianship. If the person is found to be in need of a guardian, the court shall appoint one or more guardians but not more than one guardian of the person shall be appointed unless they be husband and wife spouses. The order shall specify the amount of the bond, if any, to be given.

AB992, s. 84 Section 84. 880.32 of the statutes is amended to read:

AB992,51,7 880.32 Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife spouse of such minor may execute in his or her own right, notes or mortgages, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944 or the national housing act or any acts supplementary thereto or amendatory thereof. In connection with such transactions, such minors may sell, release or convey such mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds and other necessary papers or instruments. Such notes, mortgages, releases, deeds and other necessary papers or instruments when so executed shall not be subject to avoidance by such minor or the husband or wife spouse of such minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.

AB992, s. 85 Section 85. 880.835 (1) of the statutes is amended to read:

AB992,51,15 880.835 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife spouses, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB992, s. 86 Section 86. 891.39 (1) (a) of the statutes is amended to read:

AB992,52,4 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife spouse of a specified man, any party asserting in such action or proceeding that the husband man was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife both spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband woman's spouse is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB992, s. 87 Section 87. 891.39 (3) of the statutes is amended to read:

AB992,52,12 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth certificate showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband a male spouse is a party to the action and the court makes a finding as to whether or not the husband he is the father of the child, such finding shall be conclusive in all other courts of this state.

AB992, s. 88 Section 88. 891.40 (1) of the statutes is amended to read:

AB992,53,2 891.40 (1) If, under the supervision of a licensed physician and with the consent of her husband spouse, a wife woman is inseminated artificially with semen donated by a man who is not her husband spouse, the husband spouse of the mother at the time of the conception of the child shall be the a natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife the mother. The physician shall certify their signatures and the date of the insemination, and shall file the husband's spouse's consent with the department of health and family services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician's failure to file the consent form does not affect the legal status of father parent and child. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB992, s. 89 Section 89. 891.40 (2) of the statutes is amended to read:

AB992,53,7 891.40 (2) The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than who is not the donor's wife spouse is not the a natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

AB992, s. 90 Section 90. 905.05 (title) of the statutes is amended to read: