2005 Wisconsin Act 443

443,106 Section 106. 767.253 (title) of the statutes is repealed.

443,107 Section 107. 767.253 of the statutes is renumbered 767.55 (1) and amended to read:

767.55 (1) Generally. In an action for modification of a child support order under s. 767.32 767.59 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3), the court may order either or both parents of the child to seek employment or participate in an employment or training program.

443,108 Section 108. 767.254 of the statutes is renumbered 767.55 (4), and 767.55 (4) (a) (intro.) and 4. and (b) (intro.), as renumbered, are amended to read:

767.55 (4) (a) (intro.) In this section subsection, "unemployed teenage parent" means a parent who satisfies all of the following criteria:

4. Would be ordered to make payments for the support of a child but for par. (c) subd. 3.

(b) (intro.) In an action for revision of a judgment or order providing for child support under s. 767.32 767.59 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3), the court shall order an unemployed teenage parent to do one or more of the following:

443,109 Section 109 . 767.255 of the statutes is renumbered 767.61, and 767.61 (1) and (3) (i), as renumbered, are amended to read:

767.61 (1) Division required. Upon every judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.02 767.001 (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 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.

Note: 1. The language stricken from the first sentence, and the stricken second sentence, are relocated, with revisions, into new subs. (5) (a) and (6). See Sec. 232 of this bill.

2. The last sentence is relocated to new sub. (4). See Sec. 232 of this bill.

(3) (i) The amount and duration of an order under s. 767.26 767.56 granting maintenance payments to either party, any order for periodic family support payments under s. 767.261 767.531 and whether the property division is in lieu of such payments.

443,110 Section 110. 767.26 of the statutes is renumbered 767.56, and 767.56 (intro.), (3) and (8), as renumbered, are amended to read:

767.56 Maintenance payments. (intro.) Upon every a judgment of annulment, divorce , or legal separation, or in rendering a judgment in an action under s. 767.02 767.001 (1) (g) or (j), the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering:

(3) The division of property made under s. 767.255 767.61.

(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.

443,111 Section 111. 767.261 of the statutes is renumbered 767.531, and 767.531 (intro.), as renumbered, is amended to read:

767.531 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 767.511 and maintenance payment orders under s. 767.26 767.56. A party ordered to pay family support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.29 767.57. Except as provided in s. 767.29 767.57 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

443,112 Section 112. 767.262 of the statutes is renumbered 767.241, and 767.241 (title), as renumbered, is amended to read:

767.241 (title) Award of attorney fees and other fees and costs.

443,113 Section 113. 767.263 of the statutes is renumbered 767.58, and 767.58 (title) and (1), as renumbered, are amended to read:

767.58 (title) Notice of change of employer, change of address, and change in ability to pay; other information. (1) Support or maintenance order; notice requirements. Each order for child support, family support, or maintenance payments shall include an order that the payer and payee notify the county child support agency under s. 59.53 (5) of any change of address within 10 business days of such change. Each order for child support, family support, or maintenance payments shall also include an order that the payer notify the county child support agency under s. 59.53 (5) and the payee, within 10 business days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, such that affecting his or her ability to pay child support, family support, or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order under s. 767.32 767.59 or an annual adjustment of the child or family support amount under s. 767.33 767.553 is sought. An order under this subsection is enforceable under ch. 785.

Note: Clarifies that an order under the provision is enforceable by contempt proceedings.

443,114 Section 114. 767.264 (title) of the statutes is created to read:

767.264 (title) Dismissal; vacation; substitution or withdrawal of attorney.

443,115 Section 115. 767.265 (title) of the statutes is repealed.

443,116 Section 116. 767.265 (1) of the statutes is renumbered 767.75 (1) (b) and amended to read:

767.75 (1) (b) Each "Payment order" means an order for child support under this chapter, for maintenance payments under s. 767.23 767.225 or 767.26 767.56, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) 767.805 (4) or 767.89 (3), for support by a spouse under s. 767.02 767.001 (1) (f), or for maintenance payments under s. 767.02 (1) (g), each 767.001 (1) (g); an order for or obligation to pay the annual receiving and disbursing fee under s. 767.29 (1) (d), each 767.57 (1e) (a); an order for a revision in a judgment or order with respect to child support, maintenance, or family support payments under s. 767.32, each 767.59; a stipulation approved by the court or a circuit court commissioner for child support under this chapter,; and each an order for child or spousal support entered under s. 948.22 (7).

(1f) Payment order as assignment of income. A payment order constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in 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, obligation, 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, obligation, 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).

443,117 Section 117. 767.265 (1m) to (7m) of the statutes are renumbered 767.75 (1m) to (7m), and 767.75 (1m), (2h), (2m) (a) 1. and 2. and (b), (2r), (3h), (4), (6) and (7m) (b) (intro.) and (c), as renumbered, are amended to read:

767.75 (1m) Obligation continuing. If a party's current obligation to pay maintenance, child support, spousal support, or family support terminates but the party has an arrearage in the payment of one or more of those payments or in the payment of the annual receiving and disbursing fee, any assignment under sub. (1) shall continue (1f) continues in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

(2h) Delayed withholding; failure to pay. If a court-ordered assignment, including the assignment specified under sub. (1) (1f) 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, 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 after the notice is mailed, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of receipt 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 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 circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

Note: Clarifies when the 10-day period commences for the payer to request a hearing and for the court to hold a hearing.

(2m) (a) 1. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 1m. 767.57 (1e) (b) 1m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee.

2. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 2m. 767.57 (1e) (b) 2m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the clerk of court to whom the fees are owed, or to his or her successor.

(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 after the notice is mailed, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or circuit court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of receipt 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 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 circuit court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.

Note: Clarifies when the 10-day period commences for the payer to request a hearing and for the court to hold a hearing.

(2r) Notice of assignment to income source. 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. 767.267 767.76 applies, the court, 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, 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.

(3h) Duties of person receiving assignment notice. A person who receives notice of assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (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 department or its designee, whichever is appropriate, 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 department or its designee, the person from whom the payer receives money shall report to the department or its 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 department or its 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.

(4) Assignment priority. A withholding assignment or order under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) has priority over any other assignment, garnishment, or similar legal process under state law.

(6) Failure to comply with assignment obligations. (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 department or its designee or the appropriate health care insurer, provider, or plan as provided in this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (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.

(b) If an employer who receives an assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) fails to notify the department or its designee, whichever is appropriate, within 10 days after an employee 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.

(c) No employer may use an assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (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.

(7m) (b) (intro.) If after an assignment is in effect the payer's employer changes its payroll period, or the payer changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk of court county child support agency under s. 59.53 (5) may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:

(c) The clerk of court county child support agency shall provide notice of the amended withholding assignment or order by regular mail to the payer's employer and to the payer.

443,118 Section 118. 767.265 (8) of the statutes is renumbered 767.75 (1) (intro.) and amended to read:

767.75 (1) Definitions. (intro.) In this section, "employer":

(a) "Employer" includes the state and its political subdivisions.

443,119 Section 119. 767.266 of the statutes is renumbered 767.375.

443,120 Section 120 . 767.267 of the statutes is renumbered 767.76, and 767.76 (1) and (5), as renumbered, are amended to read:

767.76 (1) Authority of court to require. If the court or circuit court commissioner determines that income withholding under s. 767.265 767.75 is inapplicable, ineffective, or insufficient to ensure payment under an order or stipulation specified in s. 767.265 767.75 (1), or that income withholding under s. 767.25 (4m) (c) 767.513 (3) 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) 767.513, the court or 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 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, 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.

(5) Authorized disclosure. A financial institution or an officer, employee, or agent of a financial institution may disclose information to the court, 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).

443,121 Section 121. 767.27 (title), (1), (1m) and (2) of the statutes are renumbered 767.127 (title), (1), (1m) and (2) and amended to read:

767.127 (title) Disclosure of assets required Financial disclosure. (1) Required disclosure. In any an action affecting the family, except an action to affirm marriage under s. 767.02 767.001 (1) (a), the court shall require each party to furnish, on such standard forms as required by the court may require, full disclosure of all assets owned in full or in part by either party separately or by the parties jointly. Such disclosure Disclosure may be made by each party individually or by the parties jointly. Assets required to be disclosed shall include, but shall are not be limited to, real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, retirement interests, interest in a partnership, limited liability company, or corporation, tangible personal property, income from employment, future interests whether vested or nonvested, and any other financial interest or source. The court shall also require each party to furnish, on the same standard form, information pertaining to all debts and liabilities of the parties. The form used shall contain a statement in conspicuous print that complete disclosure of assets and debts is required by law and deliberate failure to provide complete disclosure constitutes perjury. The court shall require each party to attach to the disclosure form a statement reflecting income earned to date for the current year and the most recent statement under s. 71.65 (1) (a) that the party has received. The court may on its own initiative and shall at the request of either party require the parties to furnish copies of all state and federal income tax returns filed by them for the past 2 years, and may require copies of such those returns for prior years.

Note: 1. Adds reference to "retirement interests" for convenience. Although current law requires disclosure of retirement interests, specific reference may make the requirement clearer to nonlawyers.

2. Requires each party to attach to the disclosure form a current income statement and the most recent W-2 statement. The requirement supplements current provisions requiring disclosure of any "other financial source" and disclosure of state and federal income tax returns for the past 2 years if requested by a party or the court.

(1m) Health insurance information for minor child. In any action affecting the family which that involves a minor child, the court shall require, in addition to the disclosure under sub. (1), that each party furnish the court with information regarding the types and costs of any health insurance policies or plans which that are offered through each party's employer or other organization. This disclosure shall include a copy of any health care policy or plan which that names the child as a beneficiary at the time that the disclosure is filed under sub. (2).

(2) Filing disclosure forms. 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 a time as ordered by the court or circuit court commissioner. Information contained on such the forms shall be updated on the record to the date of hearing.

443,122 Section 122. 767.27 (2m) of the statutes is renumbered 767.54 and amended to read:

767.54 Required exchange of financial information. In every an action in which the court has ordered a party to pay child or family support under this chapter, including an action to revise a judgment or order under s. 767.32 767.59, the court shall require the parties annually to exchange financial information. Information disclosed under this section is subject to s. 767.127 (3). A party who fails to furnish the information as required by the court under this subsection section may be proceeded against for contempt of court under ch. 785. If the court finds that a party has failed to furnish the information required under this subsection section, the court may award to the party bringing the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

Note: The reference to s. 767.127 (3) in the new sentence is to the confidentiality provision of that section (current s. 767.27 (3)).

443,123 Section 123 . 767.27 (3), (4) and (5) of the statutes are renumbered 767.127 (3), (4) and (5), and 767.127 (3) (a), (4) and (5), as renumbered, are amended to read:

767.127 (3) (a) Except as provided in par. (b), information disclosed under this section shall be and under s. 767.54 is confidential and may not be made available to any person for any purpose other than the adjudication, appeal, modification, or enforcement of judgment of an action affecting the family of the disclosing parties.

(4) Failure to timely file. Failure by If either party fails timely to file a complete disclosure statement as required by this section shall authorize, the court to may accept as accurate any information provided in the statement of the other party or obtained under s. 49.22 (2m) by the department or the county child support agency under s. 59.53 (5).

(5) Failure to disclose; constructive trust. If any a party deliberately intentionally or negligently fails to disclose information required by sub. (1) and in consequence thereof as a result any asset or assets with a fair market value of $500 or more is omitted from the final distribution of property, the party aggrieved by such the nondisclosure may at any time petition the court granting the annulment, divorce, or legal separation to declare the creation of a constructive trust as to all undisclosed assets, for the benefit of the parties and their minor or dependent children, if any, with the party in whose name the assets are held declared the constructive trustee, said. The trust to shall include such terms and conditions as the court may determine. The court shall grant the petition upon a finding of a failure to disclose such assets as required under sub. (1).

443,124 Section 124. 767.275 of the statutes is renumbered 767.63 and amended to read:

767.63 Disposition of Disposed assets prior to action may be subject to division. In any an action affecting the family, except an action to affirm marriage under s. 767.02 767.001 (1) (a), any asset with a fair market value of $500 or more which that would be considered part of the estate of either or both of the parties if owned by either or both of them at the time of the action, but which and that was transferred for inadequate consideration, wasted, given away, or otherwise unaccounted for by one of the parties within one year prior to the filing of the petition or the length of the marriage, whichever is shorter, shall be is rebuttably presumed to be part of the estate for the purposes of s. 767.255 property subject to division under s. 767.61 and shall be is subject to the disclosure requirement of s. 767.27 767.127. Transfers which that resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed where such if those assets are otherwise identified in the statement of net worth.

443,125 Section 125. 767.28 of the statutes is renumbered 767.385 and amended to read:

767.385 Maintenance, legal custody, and support when divorce or separation denied. In If a judgment in an action for divorce or legal separation, although such denies the divorce or legal separation is denied, the court may make such order as the nature of the case renders just and reasonable for the legal custody of and periods of physical placement with any of the minor children, and for the maintenance of either spouse and support of such the children by either spouse out of property or income, as the nature of the case may render just and reasonable. If the court orders child support under this section, the court shall determine the child support payments in a manner consistent with s. 767.25 767.511, regardless of the fact that the court has not entered a judgment of divorce or legal separation has not been entered.

443,126 Section 126. 767.281 (2) (title) and (4) (title) of the statutes are created to read:

767.281 (2) (title) Support or maintenance orders.

(4) (title) Support and maintenance payments to department.

443,127 Section 127. 767.29 (title) of the statutes is renumbered 767.57 (title) and amended to read:

767.57 (title) Maintenance, child support , and family support payments, receipt and disbursement; circuit court commissioner, fees and compensation; fees.

443,128 Section 128. 767.29 (1) (a), (b) and (c) of the statutes are renumbered 767.57 (1) (a), (b) and (c), and 767.57 (1) (a) and (c), as renumbered, are amended to read:

767.57 (1) (a) All orders or judgments providing for temporary or permanent maintenance, child support, or family support payments shall direct that the payment of all such sums payments be made to the department or its designee for the use of the person for whom the same has payments have been awarded. A party securing obtaining an order for temporary maintenance, child support, or family support payments shall forthwith promptly file the order, together with all pleadings in the action, with the clerk of court.

(c) Except as provided in sub. (1m), the department or its designee shall disburse, and take receipts for, 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 the moneys 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. The record shall be open to inspection by the parties to the action, their attorneys, and the circuit court commissioner.

443,129 Section 129. 767.29 (1) (d) and (dm) of the statutes are renumbered 767.57 (1e) (a) and (b) and amended to read:

767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including arrears in any of those payments in arrears, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $35. The court or 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 or in which an arrearage in any of those payments is owed. In directing the manner of payment of the annual fee, the court or 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 767.75. Fees 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 the fee under this paragraph, the court or 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 any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

(b) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.265 767.75 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

2m. A clerk of court may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are owed to the clerk of court, or to his or her predecessor, and that were not shown on the department's automated payment and collection system on December 31, 1998, through income withholding under s. 767.265 767.75 (2m). If the clerk of court determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the clerk of court may move the court for a remedial sanction under ch. 785.

443,130 Section 130. 767.29 (1) (e) of the statutes is renumbered 767.57 (1h) and amended to read:

767.57 (1h) Nonpayment; enforcement. 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 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 the attorney, if any, who represented each party when the maintenance, child support, or family support payments were awarded. In case If any fees of officers in any of the proceedings, including the compensation of the 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.

443,131 Section 131. 767.29 (1) (f) of the statutes is repealed.

Note: Repealed as obsolete. The repealed paragraph provides:

If the department determines that the statewide automated support and maintenance receipt and disbursement system will be operational before October 1, 1999, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the system will begin operating. Before that date or October 1, 1999, whichever is earlier, the circuit courts, county child support agencies under s. 59.53 (5), clerks of court and employers shall cooperate with the department in any measures taken to ensure an efficient and orderly transition from the countywide system of support receipt and disbursement to the statewide system.

443,132 Section 132. 767.29 (1m) to (4) of the statutes, as affected by 2005 Wisconsin Act 25, are renumbered 767.57 (1m) to (4), and 767.57 (1m) (intro.) and (b), (2) and (3), as renumbered, are amended to read:

767.57 (1m) Overpayment. (intro.) Notwithstanding ss. 767.25 767.511 (6) and 767.261 767.531, if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the department or its designee determines that the excess amount is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

(b) The court or 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.