767.805 (2) (b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or circuit court commissioner may not enter an order specified in sub.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.
443,234
Section
234. Subchapter VIII (title) of chapter 767 [precedes 767.70] of the statutes is created to read:
chapter 767
subchapter VIII
enforcement
443,235
Section
235
. 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.
(3) If hearing held. (a) Within 10 business days after receiving a timely request for a hearing, the court shall set the matter for hearing. The court shall send notice of the date, time, and location of the hearing to the parties by regular mail at their last-known addresses.
(b) At the hearing, the court may establish the appropriate charge under the percentage order by determining the amount of the payer's income that is subject to the percentage-expressed order during the period for which reconciliation is sought and applying the ordered percentage to that amount. The court may enter a repayment order that becomes effective if the reconciliation of the amount due with payments made results in an arrearage.
(4) If no hearing. If no party requests a hearing, the court shall review the supporting affidavit within 60 days of filing. If the court finds that the affidavit contains a reasonable basis for determining the payer's income during the period for which reconciliation is sought, the court may enter an order determining the amount due under the percentage-expressed order and may enter a repayment order that becomes effective if the reconciliation of the amount due with payments made results in an arrearage. The court shall send the order to the parties by regular mail to their last-known addresses.
(5) Enforcement. Any arrearage that exists as a result of the reconciliation of the amount due with payments made may be enforced under ch. 49 or this chapter.
Note: Recreates current s. 767.293:
(a) For improved clarity.
(b) To relieve courts and court commissioners from determining the amount of any arrearage that may exist. Instead, that determination is made by the county child support agency, which is in a better position to make the often difficult calculations necessary to reconcile charges against payments made.
443,236
Section
236. 767.73 (1) (title), (4) (title) and (5) (title) of the statutes are created to read:
767.73 (1) (title) Authority to suspend.
(4) (title) Application to past arrearages.
(5) (title) Relationship to other remedies.
443,237
Section
237. 767.75 (title), (2m) (title), (3m) (title), (6m) (title), (7) (title) and (7m) (title) of the statutes are created to read:
767.75 (title) Assignment of income for payment obligations.
(2m) (title) Unpaid receiving and disbursing fees; assignment.
(3m) (title) Assignment of unemployment compensation benefits.
(6m) (title) Conversion of certain support orders to fixed amount.
(7) (title) Receipt of more than one notice of assignment.
(7m) (title) Change in payroll period.
443,238
Section
238. 767.76 (2) (title), (3) (title), (4) (title) and (6) (title) of the statutes are created to read:
767.76 (2) (title) Transfer of funds by financial institutions.
(3) (title) Priority of transfer authorization.
(4) (title) Revocation of transfer authorization.
(6) (title) Liability immunity.
443,239
Section
239. 767.77 (4)
(title) of the statutes is created to read:
767.77 (4) (title) Information on boat ownership.
443,240
Section
240. Subchapter IX of chapter 767 [precedes 767.80] of the statutes is created to read:
CHAPTER 767
SUBCHAPTER IX
PATERNITY
443,241
Section
241. 767.80 (2) (title), (3) (title), (4) (title), (5) (title), (6) (title) and (6r) (title) of the statutes are created to read:
767.80 (2) (title) Certain agreements not A bar to action.
(3) (title) Stay if action before birth.
(4) (title) Child as party.
(5) (title) Petition.
(6) (title) Which attorney represents state.
(6r) (title) Responsibilities of attorney upon referral.
443,242
Section
242. 767.805 (1m) of the statutes is created to read:
767.805 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity.
Note: Prohibits minor parents from signing voluntary paternity acknowledgments. Based on a recommendation of the paternity reform committee. The reform committee noted: (1) minors need the protection of a guardian ad litem to explain their rights and responsibilities; and (2) the parents of the minor do not necessarily have the same interests as the minor and therefore may not be able to provide such protection.
443,243
Section
243
. 767.813 (5) (b) and (c) of the statutes are created to read:
767.813 (5) (b) Alleged father as petitioner.
STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
C. D. (Alleged Father-Petitioner)
Address
City, State Zip Code
File No. ...
, Petitioner
vs.
S U M M O N S
E. F.
Address
.... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
1. You have been sued. The petitioner .... claims that he may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.
3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
