Note: Expressly authorizes a request for and determination of legal custody and physical placement in conjunction with an action to compel support and maintenance under renumbered s. 767.501 (former s. 767.08). See, also, Sec. 96 of this bill.
767.51 of the statutes is renumbered 767.89, and 767.89 (2), (3) (b), (c) and (f), (4) (a) (intro.) and (6), as renumbered, are amended to read:
767.89 (2) Report to state registrar. The clerk of court or county child support agency under s. 59.53 (5) shall file with the state registrar, within 30 days after the entry of a judgment or order determining paternity, a report showing the names, dates, and birth places of the child and the father, the social security numbers of the mother, father, and child, and the maiden name of the mother on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court or county child support agency shall collect.
This is a technical change. 2001 Wisconsin Act 16
amended s. 69.15 (1) (b), stats., to permit the state registrar to change information on a birth certificate if, among other things, for a paternity action, a clerk of court or county child support agency sends certain information to the state registrar. Prior law referred only to a clerk of court providing such information. The bill amends s. 767.89 (2) [renumbered from s. 767.51 (2), stats.] to incorporate that change, which was inadvertently not made in Act 16.
(3) (b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24 767.41.
(c) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25 767.511.
(f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.48 767.84 (5), and other costs.
(4) (a) (intro.) Subject to par. (b), liability for past support of the child shall be is limited to support for the period after the day on which the petition in the action under s. 767.45 767.80 is filed, unless a party shows, to the satisfaction of the court, all of the following:
(6) Other applicable provisions. Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29, 767.293, 767.30, 767.305, 767.31, 767.32 and 767.325 767.41, 767.43, 767.451, 767.57, 767.58, 767.59, 767.71, 767.75, 767.76, 767.77, and 767.78, where applicable, shall apply to a judgment or order under this section.
767.511 (1) (c), (1g) (title), (1j) (title), (1m) (title), (1n) (title), (2) (title), (3) (title) and (4) (title) of the statutes are created to read:
767.511 (1) (c) In addition to ordering child support for a child under par. (a), assign as a support obligation responsibility for, and direct the manner of payment of, the child's health care expenses under s. 767.513.
Note: Health care expenses for a child are now dealt with in a section separate from the general child support section. (This bill renumbers current s. 767.25 (4m) and makes it a separate section; see Sec. 104 of the bill.) The above provision, which is located in the general child support section (renumbered s. 767.511), is intended to clarify that an order regarding health care expenses is to be considered a support obligation. In addition, it is intended to clarify that statutory cross-references to child support under s. 767.511 include a child's health care expenses under s. 767.513.
(1g) (title) Consideration of financial information.
(1j) (title) Percentage standard generally required.
(1m) (title) Deviation from standard; factors.
(1n) (title) Deviation from standard; record.
(2) (title) Separate fund or trust.
(3) (title) Effect of physical placement violation.
(4) (title) Age of child eligible for support.
767.513 (title), (4) (title) and (5) (title) of the statutes are created to read:
767.513 (title) Child health care expenses.
(4) (title) Health benefit plan; employer obligation.
(5) (title) Recovery by state of 3rd party payments.
767.52 of the statutes is renumbered 767.83, and 767.83 (1), (2m) and (3), as renumbered, are amended to read:
767.83 (1) Generally. At the pretrial hearing, at the trial, and in any further other proceedings in any paternity action, any party may be represented by counsel. If the male respondent is indigent and the state is the petitioner under s. 767.45 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.
(2m) When appointed representation provided. Representation by an attorney appointed under sub. (1) shall be provided only after the results of any genetic tests have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption under s. 767.48 767.84 (1m) that the alleged father is the father of the child.
(3) Appearance by state's attorney not affected. This section does not prevent an attorney responsible for support enforcement under s. 59.53 (6) (a) or any other attorney employed under s. 49.22 or 59.53 (5) from appearing in any paternity action as provided under s. 767.45 767.80 (6).
767.53 of the statutes is renumbered 767.853, and 767.853 (3) (intro.), as renumbered, is amended to read:
767.853 (3) Past proceedings. (intro.) Subject to s. 767.19 767.13, a record of a past proceeding is open to public inspection if all of the following apply:
767.55 (title), (2) (title) and (3) (title) of the statutes are created to read:
767.55 (title) Child support: employment-related orders.
(2) (title) Noncustodial parent.
(3) (title) Absent parent.
767.553 (1) (title), (4) (title) and (5) (title) of the statutes are created to read:
767.553 (1) (title) When adjustment may be ordered.
(4) (title) Implementation; when effective.
(5) (title) Revision or remedial sanctions.
767.57 (1) (title), (1e) (title) and (4) (title) of the statutes are created to read:
767.57 (1) (title) Payment to department.
(1e) (title) Receiving and disbursing fee.
(4) (title) Procedure for certain child recipients.
767.58 (2) (title) of the statutes is created to read:
767.58 (2) (title) Information for child support agency.
767.59 (1k) of the statutes is created to read:
767.59 (1k) Maintenance: change in cost of living. In an action under this section to revise maintenance payments, a substantial change in the cost of living for either party or as measured by the federal bureau of labor statistics may be sufficient to support a revision of the amount of maintenance, except that a change in an obligor's cost of living is not by itself sufficient if payments are expressed as a percentage of income.
Note: Restates the last sentence of current s. 767.32 (1) (a).
767.59 (2) (title) of the statutes is created to read:
767.59 (2) (title) Percentage standard required; exceptions.
767.60 of the statutes is renumbered 767.803 and amended to read:
767.803 Determination of marital children. In any case where If the father and mother of any a nonmarital child shall enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated prior thereto, that before either of these circumstances, the child shall thereby become becomes a marital child, shall be is entitled to a change in birth certificate under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents; and this. This section shall be taken to apply applies to all cases prior to before, on, or after its effective date, as well as those subsequent thereto but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The issue
children of all marriages declared void under the law shall, nevertheless, be are nevertheless marital issue children.
Subchapter VII (title) of chapter 767 [precedes 767.61] of the statutes is created to read:
767.61 (2) (title) and (3) (title) of the statutes are created to read:
767.61 (2) (title) Property subject to division.
(3) (title) Presumption of equal division.
767.61 (4), (5) and (6) of the statutes are created to read:
767.61 (4) Separate fund or trust option. In dividing the property of the parties under this section, the court may protect and promote the best interests of a child of the parties described under s. 767.511 (4) by setting aside a portion of the property in a separate fund or trust for the support, maintenance, education, and general welfare of the child.
(5) Related provisions of judgment. In a judgment described under sub. (1), the court shall do all of the following:
(a) Direct that title to the property of the parties be transferred as necessary, in accordance with the division of property set forth in the judgment.
(b) Include all of the following in the judgment:
1. Notification that it may be necessary for the parties to take additional actions in order to transfer interests in their property in accordance with the division of property set forth in the judgment, including such interests as interests in real property, interests in retirement benefits, and contractual interests.
2. Notification that the judgment does not necessarily affect the ability of a creditor to proceed against a party or against that party's property even though the party is not responsible for the debt under the terms of the judgment.
3. Notification that an instrument executed by a party before the judgment naming the other party as a beneficiary is not necessarily affected by the judgment and it may be necessary to revise the instrument if a change in beneficiary is desired.
(6) Recording judgment affecting real property sufficient. A certified copy of the portion of the judgment affecting title to real property, or a deed consistent with the judgment, shall be recorded in the office of the register of deeds of the county in which the real property is located.
Note: 1. Subsection (4) restates the last sentence of current s. 767.255 (1), stats. See Sec. 109 of this bill. The current provision only refers to a "minor child". However, the obligation for child support extends to 18 year olds who are in high school or its equivalent (current s. 767.25 (4), stats.). Therefore, the separate trust or fund option is extended to cover that situation as well as minor children.
2. Subsection (5) (a) is intended to replace current language in s. 767.255 (1), stats., requiring the court when dividing property to "divest and transfer the title of any such property accordingly". The revised language, more accurately reflecting current practice, requires the court to direct that title to be transferred as necessary, in accordance with the property division.
3. Subsection (5) (b) is new. It is intended to alert parties that additional action on their part may be necessary in order to implement the provisions of the judgment, that a property division judgment generally is not binding on creditors, and that additional action may be necessary to change prior beneficiary designations.
4. Subsection (6) clarifies that a deed consistent with the judgment may be recorded in lieu of the judgment. It replaces the following provision in current s. 767.255 (1), stats.: "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.".
767.62 of the statutes is renumbered 767.805, and 767.805 (2) (b), (3) (b), (4) (intro.), (a) and (b), (5) (b) and (6) (b), as renumbered, are amended to read:
767.805 (2) (b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or circuit court commissioner may not enter an order specified in sub. (4) with respect to the man
male who signed the statement as the father of the child unless the man male is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60 this subchapter, except for this section.
(3) (b) Except as provided in s. 767.045 767.407, in an action specified in par. (a) the court or a circuit court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.
(4) Orders when paternity acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or circuit court commissioner shall make an order that contains all of the following provisions:
(a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24 767.41.
(b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25 767.511.
(5) (b) If a court in a proceeding under par. (a) determines that the man male is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man male. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's male's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man male with respect to the child.
(6) (b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a The new statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.
Subchapter VIII (title) of chapter 767 [precedes 767.70] of the statutes is created to read:
767.71 of the statutes is created to read:
767.71 Reconciling percentage-expressed support orders. (1) Request for determination. (a) In this section, "support order" means an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter, or a stipulation approved by the court for child support under this chapter.
(b) If a support order is or has been expressed as a percentage of parental income, a party, including the state or a county child support agency under s. 59.53 (5) if the state is a real party in interest under s. 767.205 (2) (a), may request a determination under this section of the amount due under the order. The court may determine the amount due and, if ordered by the court, the county child support agency shall reconcile the amount due with payments actually made to determine if an arrearage exists.
(2) Notice and affidavit. (a) The party seeking the determination under this section shall file with the court a notice of reconciliation of account and a supporting affidavit. No later than 3 business days after filing, the party seeking the determination shall serve the notice and affidavit on all other parties, including the child support agency if the state is a real party in interest, by sending the notice and affidavit by regular mail to the last-known address provided under s. 767.58 (2), pursuant to s. 767.70.
(b) The notice of reconciliation of account shall include all of the following:
1. The period of time for which the reconciliation is sought.
2. A statement that, unless a party requests a hearing no later than 20 business days after the date of the notice, the court may enter an order determining the amount due under the percentage-expressed order and may enter a repayment order that applies if the reconciliation of the amount due with payments made results in an arrearage.
3. The mailing address to which the request for a hearing must be delivered or mailed to schedule a hearing under sub. (3).
(c) The supporting affidavit shall state the facts supporting a reasonable basis for determining the payer's income during the period of time for which the reconciliation is sought.