2011 - 2012 LEGISLATURE
May 17, 2011 - Introduced by Joint Legislative Council. Referred to Committee
on Children and Families.
1An Act to renumber and amend
767.56; to amend
766.70 (4) (a) 3., 767.58 (1) 2
and 767.59 (3); and to create
767.56 (2c) and 767.58 (1) (c) of the statutes; 3relating to: termination of maintenance upon the payee's or payer's death and
4notices relating to maintenance.
Analysis by the Legislative Reference Bureau
Under current law, in an action for divorce, annulment, or legal separation, a
court may order one party (payer) to pay maintenance (formerly known as alimony)
to the other party (payee) for a limited or indefinite length of time. Current law also
provides that, if a payee of maintenance remarries, the court must vacate the
maintenance order upon the application of the payer and proof of the payee's
This bill provides that, when a court orders maintenance or family support (a
combination of child support and maintenance), the court must include in the order
a requirement that the payee notify the court and the payer if the payee remarries.
Under the bill, a court must vacate a maintenance order upon notice from the payee
that he or she has remarried, in addition to vacating the order upon the application
of the payer and proof of the payee's remarriage. The bill also provides that, unless
already terminated for another reason, such as the payee's remarriage or the
expiration of a limited time under an order, maintenance terminates upon the death
of the payee or the payer, whichever occurs first. Under an Internal Revenue Service
rule, maintenance must end at the payee's death in order for the payer to be able to
deduct the payments from his or her gross income for income tax purposes.
This bill is explained in the Notes provided by the Joint Legislative Council in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill, relating to termination of
maintenance upon the payee's or payer's death and notices relating to maintenance, was
prepared for the Joint Legislative Council's Special Committee on Review of Spousal
Maintenance Awards in Divorce Proceedings.
AB134, s. 1
766.70 (4) (a) 3. of the statutes is amended to read:
(a) 3. A division of the obligations of the spouses existing on the date 3
of the request, after considering the classification of the obligation under s. 766.55 4
and the factors specified under ss. 767.56 (1c)
AB134, s. 2
767.56 of the statutes is renumbered 767.56 (1c), and 767.56 (1c) 6
(intro.), as renumbered, is amended to read:
767.56 (1c) Factors to consider for granting.
(intro.) Upon a judgment of 8
annulment, divorce, or legal separation, or in rendering a judgment in an action 9
under s. 767.001 (1) (g) or (j), the court may grant an order requiring maintenance 10
payments to either party for a limited or indefinite length of time
, subject to sub. (2c), 11
after considering all of the following
AB134, s. 3
767.56 (2c) of the statutes is created to read:
767.56 (2c) Terminates at death of payee or payer.
Unless already terminated 14
for another reason, maintenance granted under this section terminates upon the 15
death of the payee or the payer, whichever occurs first.
AB134, s. 4
767.58 (1) of the statutes is amended to read:
767.58 (1) (a)
Each order for child support, family support, or maintenance 18
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 2
of such change.
Each order for child support, family support, or maintenance payments 4
shall also include an order that the payer notify the county child support agency 5
under s. 59.53 (5) and the payee, within 10 business days, of any change of employer 6
and of any substantial change in the amount of his or her income, including receipt 7
of bonus compensation, affecting his or her ability to pay child support, family 8
support, or maintenance. The order shall also include a statement that notification 9
of any substantial change in the amount of the payer's income will not result in a 10
change of the order unless a revision of the order under s. 767.59 or an annual 11
adjustment of the child or family support amount under s. 767.553 is sought.
An order under this subsection is enforceable under ch. 785.
AB134, s. 5
767.58 (1) (c) of the statutes is created to read:
(c) Each order for family support or maintenance payments shall 15
include an order requiring the payee to notify the court and the payer within 10 16
business days of the payee's remarriage.
Note: Requires the court, in an order granting family support or maintenance
payments, to order the payee to notify the court and the payer within 10 business days
of the payer's remarriage.
AB134, s. 6
767.59 (3) of the statutes is amended to read:
767.59 (3) Remarriage; vacating maintenance order.
After a final judgment 19
requiring maintenance payments has been rendered and the payee has remarried, 20
the court shall, on application of the payer with notice to the payee and upon proof 21
of the payee's
remarriage, or upon receiving notice from the payee of the payee's
22remarriage, as required under s. 767.58 (1) (c),
vacate the order requiring the 23
Note: Requires the court, upon receiving notice from the payee of the payee's
remarriage, as required under new s. 767.58 (1) (c) in this bill, to vacate the order
requiring maintenance payments. Current law, maintained in this bill, already requires
the court to vacate such an order on application of the payer, with notice to the payee, and
upon proof of the payee's remarriage [s. 767.59 (3), stats.].
(1) Requiring notice of remarriage.
The creation of section 767.58 (1) (c) of the 3
statutes first applies to orders for family support or maintenance payments that are 4
granted on the effective date of this subsection.