SB123, s. 75
1Section
75. 767.19 (title) of the statutes is repealed.
SB123, s. 76
2Section
76. 767.19 (1) of the statutes is renumbered 767.13 and amended to
3read:
SB123,41,12
4767.13 Impoundment of record.
No Except as provided in s. 767.127 (3), the 5record or evidence in
any case shall an action affecting the family may not be
6impounded,
or and access
thereto to the record or evidence may not be refused, except
7by
special written order of the court
made in its discretion in the interests of public
8morals. And when impounded no officer or other for good cause shown. No person
9shall may permit a copy of any
of the testimony or pleadings impounded record or
10evidence, or the substance
thereof of the record or evidence, to be taken by any person
11other than a party to the action
, or his or her attorney of record,
without the special
12order of the unless a court
orders otherwise.
Note: 1. Substitutes, as the standard for impounding or denying access to the
record or evidence in an action affecting the family, "good cause shown" for "in the
interests of public morals". The new language is a more current standard for the exercise
of judicial discretion, although it is recognized that it is broader than the previous
standard. Inclusion of "shown" in the new language implies that someone other than the
court must seek impoundment or denial of access and has the burden of persuading the
court.
2. The exception clause refers to the provision on confidentiality of required asset
disclosure, treated by Sec. 123 of the bill.
SB123, s. 77
13Section
77. 767.19 (2) of the statutes is renumbered 767.235 (3).
SB123, s. 79
16Section
79. Subchapter III (title) of chapter 767 [precedes 767.201] of the
17statutes is created to read:
SB123,41,1818
chapter 767
SB123,42,2
1subchapter iii
2
general procedure
SB123, s. 80
3Section
80
. 767.201 of the statutes is created to read:
SB123,42,7
4767.201 Civil procedure generally governs. Except as otherwise provided
5in the statutes, chs. 801 to 847 govern procedure and practice in an action affecting
6the family. Except as provided in this chapter, chs. 801 and 802 apply to the content
7and form of the pleadings and summons in an action affecting the family.
Note: 1. The first sentence is intended to restate the second sentence of current
s. 767.01 (1), stats., which provides: "All actions affecting the family shall be commenced
and conducted and the orders and judgments enforced according to these statutes in
respect to actions in circuit court, as far as applicable, except as provided in this chapter.".
(The sentence is stricken from s. 767.01 (1) by Sec. 10 of this bill.)
2. The restated language of the first sentence also reflects current s. 801.01 (1) and
(2), which provides:
(1) Kinds. Proceedings in the courts are divided into actions and
special proceedings. "Action", as used in chs. 801 to 847, includes "special
proceeding" unless a specific provision of procedure in special
proceedings exists.
(2) Scope. Chapters 801 to 847 govern procedure and practice in
circuit courts of this state in all civil actions and special proceedings
whether cognizable as cases at law, in equity or of statutory origin except
where different procedure is prescribed by statute or rule. Chapters 801
to 847 shall be construed to secure the just, speedy and inexpensive
determination of every action and proceeding.
3. The second sentence is intended to restate the last sentence of current s. 767.05
(5), stats., which is stricken by Sec. 32 of this bill.
SB123, s. 81
8Section
81. 767.205 (title) of the statutes is created to read:
SB123,42,9
9767.205 (title)
Parties; title of actions.
SB123, s. 82
10Section
82. 767.21 of the statutes is renumbered 767.041, and 767.041 (1) (a)
11and (3), as renumbered, are amended to read:
SB123,43,512
767.041
(1) (a) Full faith and credit shall be given in all courts of this state to
13a judgment in any action affecting the family, except an action relating to child
14custody, by a court of competent jurisdiction in another state, territory
, or possession
15of the United States, when both spouses personally appear or when the respondent
16has been personally served. Full faith and credit shall also be given in all courts of
1this state to the amount of arrearages owed for nonpayment or late payment of a child
2support, family support
, or maintenance payment under an order issued by a court
3of competent jurisdiction in another state, territory
, or possession of the United
4States. A court in this state may not adjust the amount of arrearages owed except
5as provided in s.
767.32 767.59 (1m).
SB123,43,7
6(3) Child custody actions. All matters relating to the effect of the judgment
7of another court concerning child custody
shall be
are governed by ch. 822.
SB123, s. 83
8Section
83. 767.215 (4) (title) of the statutes is created to read:
SB123,43,99
767.215
(4) (title)
Extension of time for service.
SB123, s. 84
10Section
84
. 767.215 (5) of the statutes is created to read:
SB123,43,1311
767.215
(5) Social security numbers. (a) When the petition under this section
12is filed with the court, the party filing the petition shall submit a separate form,
13furnished by the court, containing all of the following:
SB123,43,1414
1. The name, date of birth, and social security number of each party.
SB123,43,1615
2. The name, date of birth, and social security number of each minor child of
16the parties and of each child born to the wife during the marriage.
SB123,43,2117
(b) A form submitted under this subsection shall be maintained with the
18confidential information required under s. 767.54 or maintained separately from the
19case file. The form may be disclosed only to the parties and their attorneys, a county
20child support enforcement agency, and any other person authorized by law or court
21order to have access to the information on the form.
Note: Replaces the requirement of current s. 767.085 (1) (a) or (b) that the social
security numbers be included on the petition. See, also, the treatment of current s. 767.37
(1) (a) by Sec. 170 of this bill.
SB123, s. 85
22Section
85. 767.22 of the statutes is renumbered 767.055 and amended to
23read:
SB123,44,6
1767.055 Uniform divorce recognition act Divorce Recognition Act. (1) 2Effect of foreign divorce by state domiciliary. A divorce obtained in another
3jurisdiction
shall be is of no force or effect in this state
, if the court in
such the other
4jurisdiction lacks subject matter jurisdiction to hear the case because both parties
5to the marriage were domiciled in this state at the time the proceeding for the divorce
6was commenced.
SB123,44,13
7(2) Proof. Proof that a person obtaining a divorce in another jurisdiction was
8(a) domiciled in this state within 12 months prior to the commencement of the
divorce 9proceeding
therefor, and resumed residence in this state within 18 months after the
10date of the person's departure
therefrom, or (b)
from this state, or that at all times
11after the person's departure from this state
, and until the person's return
the person 12maintained a place of residence within this state,
shall be is prima facie evidence that
13the person was domiciled in this state when the divorce proceeding was commenced.
SB123,44,16
14(3) Construction. This section shall be
so interpreted and construed
so as to
15effectuate its general purpose to make uniform the law of those states
which that 16enact it.
SB123,44,17
17(4) Title. This section may be cited as the Uniform Divorce Recognition Act.
SB123, s. 86
18Section
86. 767.225 (3m) (title) of the statutes is created to read:
SB123,44,1919
767.225
(3m) (title)
Availability of domestic abuse restraining order.
SB123, s. 87
20Section
87. 767.23 (title) and (1) of the statutes are renumbered 767.225 (title)
21and (1), and 767.225 (title) and (1) (intro.), (a) to (f), (h) and (k), as renumbered, are
22amended to read:
SB123,44,24
23767.225 (title)
Temporary orders for support of spouse and children;
24suit money; attorney fees Orders during pendency of action.
SB123,45,4
1(1) Temporary orders. (intro.) Except as provided in ch. 822, in
every
an action
2affecting the family
, the court
or circuit court commissioner may, during the
3pendency
thereof of the action, make just and reasonable temporary orders
4concerning the following matters:
SB123,45,115
(a) Upon request of one party, granting legal custody of the minor children to
6the parties jointly, to one party solely
, or to a relative or agency specified under s.
7767.24 767.41 (3), in a manner consistent with s.
767.24 767.41, except that the court
8or circuit court commissioner may order sole legal custody without the agreement of
9the other party and without the findings required under s.
767.24 767.41 (2) (b) 2.
10This An order
may
under this paragraph is not
have a binding
effect on a final
11custody determination.
SB123,45,1512
(am) Upon the request of a party, granting periods of physical placement to a
13party in a manner consistent with s.
767.24 767.41. The court
or circuit court
14commissioner shall make a determination under this paragraph within 30 days after
15the request for a temporary order regarding periods of physical placement is filed.
SB123,45,1816
(b) Notwithstanding ss.
767.085 (1) (j) and 767.087 (1) (c) 767.117 (1) (c) and
17767.215 (2) (j), prohibiting the removal of minor children from the jurisdiction of the
18court.
SB123,45,2019
(bm) Allowing a party to move with or remove a child after a notice of objection
20has been filed under s.
767.327 767.481 (2) (a).
SB123,45,2521
(c) Subject to s.
767.477 767.85, requiring either party or both parties to make
22payments for the support of minor children, which payment amounts must be
23expressed as a fixed sum unless the parties have stipulated to expressing the amount
24as a percentage of the payer's income and the requirements under s.
767.10 767.34
25(2) (am) 1. to 3. are satisfied.
SB123,46,4
1(d) Requiring either party to pay for the maintenance of the other party.
This
2maintenance Maintenance under this paragraph may include the expenses and
3attorney fees incurred by the other party in bringing or responding to the action
4affecting the family.
SB123,46,55
(e) Requiring either party to pay family support under s.
767.261 767.531.
SB123,46,76
(f) Requiring either party to execute an assignment of income under s.
767.265 7767.75 or an authorization for transfer under s.
767.267 767.76.
SB123,46,108
(h) Notwithstanding ss.
767.085 (1) (i) and 767.087 (1) (b) 767.117 (1) (b) and
9767.215 (2) (i), prohibiting either party from disposing of assets within the
10jurisdiction of the court.
SB123,46,1211
(k) Subject to s.
767.477 767.85, requiring either party or both parties to
12maintain minor children as beneficiaries on a health insurance policy or plan.
SB123, s. 88
13Section
88. 767.23 (1g) of the statutes is repealed.
Note: Repealed as obsolete. The repealed provision provides as follows:
"Notwithstanding
1987 Wisconsin Act 355, section
73, as affected
by
1987 Wisconsin Act 364, the parties may agree to the adjudication of
a temporary order under this section in an action affecting the family that
is pending on May 3, 1988.".
SB123, s. 89
14Section
89. 767.23 (1m) of the statutes is renumbered 767.225 (3m).
SB123,46,2217
767.225
(1n) Considerations; stipulations; review. (a) Before making
any
a 18temporary order under sub. (1), the court
or circuit court commissioner shall consider
19those factors that the court is required by this chapter to consider before entering a
20final judgment on the same subject matter. In making a determination under sub.
21(1) (a) or (am), the court
or circuit court commissioner shall consider the factors under
22s.
767.24 767.41 (5) (am), subject to s.
767.24 767.41 (5) (bm).
SB123,47,5
1(b) 1. If the court
or circuit court commissioner makes a temporary child
2support order that deviates from the amount of support that would be required by
3using the percentage standard established by the department under s. 49.22 (9), the
4court
or circuit court commissioner shall comply with the requirements of s.
767.25 5767.511 (1n).
SB123,47,126
2. If the court
or circuit court commissioner finds by a preponderance of the
7evidence that a party has engaged in a pattern or serious incident of interspousal
8battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined
9in s. 813.12 (1) (am), and makes a temporary order awarding joint or sole legal
10custody or periods of physical placement to the party, the court
or circuit court
11commissioner shall comply with the requirements of s.
767.24 767.41 (6) (f) and, if
12appropriate, s.
767.24 767.41 (6) (g).
SB123,47,1613
(c) A temporary order under sub. (1) may be based upon the written stipulation
14of the parties, subject to the approval of the court
or the circuit court commissioner.
15Temporary orders made by a circuit court commissioner may be reviewed by the
16court.
SB123, s. 91
17Section
91. 767.23 (2) of the statutes is renumbered 767.225 (2) and amended
18to read:
SB123,47,2219
767.225
(2) Notice of motion for order. Notice of motion for an order or order
20to show cause under sub. (1) may be served at the time the action is commenced or
21at any time
thereafter after commencement and shall be accompanied by an affidavit
22stating the basis for the request for relief.
SB123, s. 92
23Section
92. 767.23 (3) of the statutes is renumbered 767.264 (2) and amended
24to read:
SB123,48,9
1767.264
(2) Attorney fees and other amounts owing. (a) Upon making
any 2an order for dismissal of
an action affecting the family or, for substitution of
attorneys 3attorney in
an action affecting the family, for withdrawal of attorney from, or for
4vacation of a judgment
theretofore granted in
any such an action
affecting the family,
5the court shall
, prior to or in its order
render and, grant separate judgment in favor
6of
any an attorney who has appeared for a party to the action and in favor of
any a 7guardian ad litem for a party or a child for the amount of fees and disbursements to
8which the attorney or guardian ad litem is, in the court's judgment, entitled and
9against the party responsible
therefor for the fees and disbursements.
SB123,48,1510
(b) Upon making
any an order for dismissal of an action affecting the family
11or for vacation of a judgment granted in
any such
the order, the court shall, prior to
12or in its order of dismissal or vacation,
also preserve the right of the state or a political
13subdivision of the state to collect any arrearages, by an action under this chapter or
14under ch. 785, owed to the state if either party in the case was a recipient of aid under
15ch. 49.
Note: Clarifies the application of the provision to withdrawal of an attorney from
an action affecting the family.
SB123, s. 93
16Section
93. 767.235 (3) (title) of the statutes is created to read:
SB123,48,1717
767.235
(3) (title)
Exclusion from courtroom.
SB123, s. 94
18Section
94. 767.24 (title) of the statutes is renumbered 767.41 (title).
SB123, s. 95
19Section
95. 767.24 (1) (title) of the statutes is renumbered 767.41 (1) (title).
SB123, s. 96
20Section
96
. 767.24 (1) of the statutes is renumbered 767.41 (1) (b) and
21amended to read:
SB123,49,322
767.41
(1) (b) In rendering a judgment of annulment, divorce, legal separation
, 23or paternity, or in rendering a judgment in an action under s.
767.02 (1) (e) or 767.62
1(3) 767.001 (1) (e), 767.501, or 767.805 (3), the court shall make such provisions as
2it deems just and reasonable concerning the legal custody and physical placement
3of any minor child of the parties, as provided in this section.
Note: Adds actions to compel support and maintenance under renumbered s.
767.501 (former s. 767.08) to the list of actions covered by renumbered s. 767.41 (former
s. 767.24), relating to legal custody and physical placement orders in specified actions
affecting the family. See, also, Sec. 217 of this bill.
SB123, s. 97
4Section
97. 767.24 (1m) to (8) of the statutes, as affected by
2003 Wisconsin
5Act 130, are renumbered 767.41 (1m) to (8), and 767.41 (1m) (intro.), (3) (e) and (4)
6(d), as renumbered, are amended to read:
SB123,49,157
767.41
(1m) Parenting plan. (intro.) In an action for annulment, divorce
, or
8legal separation, an action to determine paternity
, or an action under s.
767.02 (1)
9(e) or 767.62 (3) 767. 001 (1) (e), 767.501, or 767.805 (3), in which legal custody or
10physical placement is contested, a party seeking sole or joint legal custody or periods
11of physical placement shall file a parenting plan with the court before any pretrial
12conference. Except for cause shown, a party required to file a parenting plan under
13this subsection who does not timely file a parenting plan waives the right to object
14to the other party's parenting plan. A parenting plan shall provide information about
15the following questions:
SB123,49,18
16(3) (e) The charges for care furnished to a child whose custody is transferred
17under this subsection shall be pursuant to the procedure under s. 48.36 (1) or 938.36
18(1) except as provided in s.
767.29 767.57 (3).
SB123,49,21
19(4) (d) If the court grants periods of physical placement to more than one
20parent, it shall order a parent with legal custody and physical placement rights to
21provide the notice required under s.
767.327 767.481 (1).
SB123, s. 98
22Section
98. 767.24 (9) of the statutes is repealed.
Note: Deletes an obsolete applicability provision.
SB123, s. 99
1Section
99. 767.241 (1) (title), (2) (title), (3) (title) and (4) (title) of the statutes
2are created to read:
SB123,50,33
767.241
(1) (title)
Court authority.
SB123,50,4
4(2) (title)
Preaction and postaction fees.
SB123,50,5
5(3) (title)
To whom paid.
SB123,50,6
6(4) (title)
Payment by state or county.
SB123, s. 100
7Section
100. 767.242 of the statutes, as affected by
2001 Wisconsin Act 109,
8is renumbered 767.471, and 767.471 (1) (a) and (b), (2) (intro.), (3), (4), (5) (a), (b)
9(intro.), 1. b. and 2. b. and c., (c), (d) and (e) and (6) (a) and (b), as renumbered, are
10amended to read:
SB123,50,1411
767.471
(1) (a)
"Petitioner"
"Moving party" means the parent filing a
petition 12motion under this section, regardless of whether that parent was the petitioner in
13the action in which periods of physical placement were awarded under s.
767.24 14767.41.
SB123,50,1815
(b)
"Respondent" "Responding party" means the parent upon whom a
petition 16motion under this section is served, regardless of whether that parent was the
17respondent in the action in which periods of physical placement were awarded under
18s.
767.24 767.41.
SB123,50,21
19(2) Who may file. (intro.) A parent who has been awarded periods of physical
20placement under s.
767.24 767.41 may file a
petition motion under sub. (3) if any of
21the following applies:
SB123,50,23
22(3) Petition Motion. (a) The
petition motion shall allege facts sufficient to
23show the following:
SB123,50,2524
1. The name of the
petitioner moving party and that the
petitioner moving
25party has been awarded periods of physical placement.