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2011 - 2012 LEGISLATURE
May 17, 2011 - Introduced by Joint Legislative Council. Referred to Committee
on Children and Families.
AB134,1,4 1An Act to renumber and amend 767.56; to amend 766.70 (4) (a) 3., 767.58 (1)
2and 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
remarriage.
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 bill.
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 1Section 1. 766.70 (4) (a) 3. of the statutes is amended to read:
AB134,2,42 766.70 (4) (a) 3. A division of the obligations of the spouses existing on the date
3of the request, after considering the classification of the obligation under s. 766.55
4and the factors specified under ss. 767.56 (1c) and 767.61.
AB134, s. 2 5Section 2. 767.56 of the statutes is renumbered 767.56 (1c), and 767.56 (1c)
6(intro.), as renumbered, is amended to read:
AB134,2,117 767.56 (1c) Factors to consider for granting. (intro.) Upon a judgment of
8annulment, divorce, or legal separation, or in rendering a judgment in an action
9under s. 767.001 (1) (g) or (j), the court may grant an order requiring maintenance
10payments to either party for a limited or indefinite length of time , subject to sub. (2c),
11after considering all of the following:
AB134, s. 3 12Section 3. 767.56 (2c) of the statutes is created to read:
AB134,2,1513 767.56 (2c) Terminates at death of payee or payer. Unless already terminated
14for another reason, maintenance granted under this section terminates upon the
15death of the payee or the payer, whichever occurs first.
AB134, s. 4 16Section 4. 767.58 (1) of the statutes is amended to read:
AB134,3,217 767.58 (1) (a) Each order for child support, family support, or maintenance
18payments shall include an order that the payer and payee notify the county child

1support agency under s. 59.53 (5) of any change of address within 10 business days
2of such change.
AB134,3,11 3(b) Each order for child support, family support, or maintenance payments
4shall also include an order that the payer notify the county child support agency
5under s. 59.53 (5) and the payee, within 10 business days, of any change of employer
6and of any substantial change in the amount of his or her income, including receipt
7of bonus compensation, affecting his or her ability to pay child support, family
8support, or maintenance. The order shall also include a statement that notification
9of any substantial change in the amount of the payer's income will not result in a
10change of the order unless a revision of the order under s. 767.59 or an annual
11adjustment of the child or family support amount under s. 767.553 is sought.
AB134,3,12 12(d) An order under this subsection is enforceable under ch. 785.
AB134, s. 5 13Section 5. 767.58 (1) (c) of the statutes is created to read:
AB134,3,1614 767.58 (1) (c) Each order for family support or maintenance payments shall
15include an order requiring the payee to notify the court and the payer within 10
16business 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 17Section 6. 767.59 (3) of the statutes is amended to read:
AB134,3,2318 767.59 (3) Remarriage; vacating maintenance order. After a final judgment
19requiring maintenance payments has been rendered and the payee has remarried,
20the court shall, on application of the payer with notice to the payee and upon proof
21of 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
23payments.

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.].
AB134, s. 7 1Section 7. Initial applicability.
AB134,4,42 (1) Requiring notice of remarriage. The creation of section 767.58 (1) (c) of the
3statutes first applies to orders for family support or maintenance payments that are
4granted on the effective date of this subsection.
AB134,4,55 (End)
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