Feed for /2011/related/proposals/ab271 PDF
LRB-2116/1
PJK:jld:jf
2011 - 2012 LEGISLATURE
September 21, 2011 - Introduced by Representatives Kapenga, Brooks, Thiesfeldt,
Craig, Kooyenga
and Petersen. Referred to Committee on Children and
Families.
AB271,1,4 1An Act to amend 767.215 (2) (b), 767.215 (5) (a) 2., 767.225 (1) (c), 767.225 (1)
2(k), 767.225 (1) (L), 767.281 (2) (a) (intro.), 767.513 (2), 767.55 (1) and 767.55
3(2) (am) (intro.); and to create 767.511 (4m) of the statutes; relating to:
4ordering support for an adult disabled child.
Analysis by the Legislative Reference Bureau
Under current law, when a court enters a judgment of annulment, divorce, or
legal separation, in addition to other specified circumstances, such as in a paternity
action, the court must order either or both parents of a minor child to pay an amount
that is reasonable or necessary to fulfill a duty to support the minor child. The court
must order that support be paid until the child is age 18, or age 19 if the child is
pursuing an accredited course of instruction leading to a high school diploma or its
equivalent. The amount of support that must be paid is determined by using a
percentage standard, which bases the amount on the payer's income and the number
of children to be supported. This amount may be modified, however, if the court
determines on the basis of a number of factors that using the percentage standard
would be unfair to either parent or the child.
This bill authorizes a court, in the same actions and circumstances under which
the court must order child support for a minor child, to order support for an adult
disabled child of the parties, for a definite or indefinite time, regardless of whether
the child is institutionalized. In addition, if the court orders support for a minor child
of the parties who is disabled, the court may order that the support be paid for a
definite or indefinite period after the child reaches the age at which support is

normally no longer required, regardless of whether the child is institutionalized. In
either case, the court must find that the child needs substantial care and supervision
because of a physical or mental disability; that the child is not and will not in the
future be capable of supporting himself or herself; and that the disability exists or
existed, or the cause of the disability is known to exist or to have existed before the
child's 18th birthday. The court must determine the support amount for an adult
disabled child in the same way that the court determines support for a minor child
and must designate the person to receive the support payments for an adult or minor
disabled child, which person may be the disabled child if he or she is at least age 18.
Under the bill, a court or court commissioner may make a temporary order
requiring either or both parents to make payments for the support of an adult
disabled child during the pendency of an action in which the court may order child
support for the adult disabled child. If a court orders child support for an adult
disabled child, the bill requires the court to assign responsibility for and direct the
manner of payment of health care expenses for the adult disabled child, which may
include requiring a parent to obtain family coverage that includes coverage for the
adult disabled child, if such coverage is available through the parent's employer. In
addition, in an action in which a court may order or modify child support for an adult
disabled child, the bill authorizes the court to require either or both parents to
participate in an employment or training program. Under current law, a court is
authorized or required to make these same orders when ordering child support for
a minor child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB271, s. 1 1Section 1. 767.215 (2) (b) of the statutes is amended to read:
AB271,2,42 767.215 (2) (b) The name and birthdate of each minor child or adult disabled
3child
of the parties and each other child born to the wife during the marriage, and
4whether the wife is pregnant.
AB271, s. 2 5Section 2. 767.215 (5) (a) 2. of the statutes is amended to read:
AB271,2,86 767.215 (5) (a) 2. The name, date of birth, and social security number of each
7minor child or adult disabled child of the parties and of each child born to the wife
8during the marriage.
AB271, s. 3 9Section 3. 767.225 (1) (c) of the statutes is amended to read:
AB271,3,5
1767.225 (1) (c) Subject to s. 767.85, requiring either party or both parties to
2make payments for the support of minor children or adult disabled children, which
3payment amounts must be expressed as a fixed sum unless the parties have
4stipulated to expressing the amount as a percentage of the payer's income and the
5requirements under s. 767.34 (2) (am) 1. to 3. are satisfied.
AB271, s. 4 6Section 4. 767.225 (1) (k) of the statutes is amended to read:
AB271,3,97 767.225 (1) (k) Subject to s. 767.85, requiring either party or both parties to
8maintain minor children or adult disabled children as beneficiaries on a health
9insurance policy or plan.
AB271, s. 5 10Section 5. 767.225 (1) (L) of the statutes is amended to read:
AB271,3,1311 767.225 (1) (L) Requiring either party or both parties to execute an assignment
12of income for payment of health care expenses of minor children or adult disabled
13children
.
AB271, s. 6 14Section 6. 767.281 (2) (a) (intro.) of the statutes is amended to read:
AB271,3,2015 767.281 (2) (a) (intro.) Except as provided in ch. 769, if the petition, motion, or
16order to show cause is for enforcement or modification of a child support, family
17support, or maintenance order, the petition, motion , or order to show cause shall be
18filed in the county in which the original judgment or order was rendered or in the
19county where the minor children or disabled adult children reside unless any of the
20following applies:
AB271, s. 7 21Section 7. 767.511 (4m) of the statutes is created to read:
AB271,3,2422 767.511 (4m) Support for disabled child. (a) In this subsection, "disabled
23child" means a child of the parties, regardless of age and regardless of whether the
24child is institutionalized, who satisfies all of the following criteria:
AB271,4,2
11. The child requires substantial care and personal supervision because of a
2mental or physical disability.
AB271,4,43 2. The child is not, and will not in the future be, capable of supporting himself
4or herself.
AB271,4,65 3. The child's disability exists or existed, or the cause of the disability is known
6to exist or to have existed, on or before the child's 18th birthday.
AB271,4,107 (b) Notwithstanding sub. (4), if the court orders child support under sub. (1) for
8a disabled child who is under the applicable maximum age specified in sub. (4), the
9court may require that the support be paid for a definite or indefinite period after the
10child reaches the maximum applicable age under sub. (4).
AB271,4,1511 (c) Notwithstanding sub. (4), in the circumstances specified in sub. (1) (intro.),
12the court may order either or both parties to provide, for a definite or indefinite
13period, for the support of a disabled child who is over the maximum applicable age
14under sub. (4). If child support is ordered under this paragraph, the amount of the
15payments shall be determined in the manner provided in this section.
AB271,4,1716 (d) Whenever the court orders child support for a disabled child, the court shall
17do all of the following:
AB271,4,2018 1. Designate a parent of the child, another person who has physical custody or
19guardianship of the child under a court order, or the child directly if he or she is at
20least 18 years of age, to receive the support payments.
AB271,4,2221 2. Make any other orders regarding the rights or duties of the parents with
22respect to the child that the court determines advisable.
AB271, s. 8 23Section 8. 767.513 (2) of the statutes is amended to read:
AB271,5,1624 767.513 (2) Responsibility and payment. In addition to ordering child support
25for a child under s. 767.511 (1) or (4m), the court shall specifically assign

1responsibility for and direct the manner of payment of the child's health care
2expenses. In assigning responsibility for a child's health care expenses, the court
3shall consider whether a child is covered under a parent's health insurance policy or
4plan at the time the court approves a stipulation for child support under s. 767.34,
5enters a judgment of annulment, divorce, or legal separation, or enters an order or
6a judgment in a paternity action or in an action under s. 767.001 (1) (f) or (j), 767.501,
7or 767.805 (3), the availability of health insurance to each parent through an
8employer or other organization, the extent of coverage available to a child, and the
9costs to the parent for the coverage of the child. A parent may be required to initiate
10or continue health care insurance coverage for a child under this section. If a parent
11is required to do so, he or she shall provide copies of necessary program or policy
12identification to the custodial parent and is liable for any health care costs for which
13he or she receives direct payment from an insurer. This section shall not be construed
14to limit the authority of the court to enter or modify support orders containing
15provisions for payment of medical expenses, medical costs, or insurance premiums
16that are in addition to and not inconsistent with this section.
AB271, s. 9 17Section 9. 767.55 (1) of the statutes is amended to read:
AB271,5,2218 767.55 (1) Generally. In an action for modification of a child support order
19under s. 767.59 or an action in which an order for child support is required under s.
20767.511 (1), 767.805 (4), or 767.89 (3) or authorized under s. 767.511 (4m), the court
21may order either or both parents of the child to seek employment or participate in
22an employment or training program.
AB271, s. 10 23Section 10. 767.55 (2) (am) (intro.) of the statutes is amended to read:
AB271,6,524 767.55 (2) (am) (intro.) In an action for modification of a child support order
25under s. 767.59, an action in which an order for child support is required under s.

1767.511 (1), 767.805 (4), or 767.89 (3) or authorized under s. 767.511 (4m), or a
2contempt of court proceeding to enforce a child support or family support order in a
3county that contracts under s. 49.36 (2), the court may order a parent who is not a
4custodial parent to register for a work experience and job training program under s.
549.36 if all of the following conditions are met:
AB271, s. 11 6Section 11. Nonstatutory provisions.
AB271,6,107 (1) Substantial change in circumstances. The creation of section 767.511 (4m)
8of the statutes by this act constitutes a substantial change in circumstances on which
9may be based a revision under section 767.59 of a judgment or order with respect to
10child or family support for a disabled child.
AB271, s. 12 11Section 12. Initial applicability.
AB271,6,1412 (1) This act first applies to actions or proceedings, including actions or
13proceedings to modify a judgment or order previously granted, that are commenced
14on the effective date of this subsection.
AB271,6,1515 (End)
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