2013 - 2014 LEGISLATURE
March 7, 2013 - Introduced by Senators Grothman and Risser, cosponsored by
Representatives Kestell, Doyle, Bernier, Kleefisch, LeMahieu, Strachota,
T. Larson, Richards and C. Taylor. Referred to Committee on Judiciary and
1An Act to renumber and amend
767.56 and 767.58 (1); to amend
766.70 (4) 2
(a) 3. 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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)
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
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.
767.58 (1) of the statutes is renumbered 767.58 (1) (a) and amended 17
(a) Each order for child support, family support, or maintenance 19
payments shall include an order that the payer and payee notify the county child 20
support agency under s. 59.53 (5) of any change of address within 10 business days 21
of such the
Each order for child support, family support, or maintenance payments 2
shall also include an order that the payer notify the county child support agency 3
under s. 59.53 (5) and the payee, within 10 business days, of any change of employer 4
and of any substantial change in the amount of his or her income, including receipt 5
of bonus compensation, affecting his or her ability to pay child support, family 6
support, or maintenance. The order shall also include a statement that notification 7
of any substantial change in the amount of the payer's income will not result in a 8
change of the order unless a revision of the order under s. 767.59 or an annual 9
adjustment of the child or family support amount under s. 767.553 is sought.
An order under this subsection is enforceable under ch. 785.
767.58 (1) (c) of the statutes is created to read:
(c) Each order for family support or maintenance payments shall 13
include an order requiring the payee to notify the court and the payer within 10 14
business days of the payee's remarriage.
767.59 (3) of the statutes is amended to read:
767.59 (3) Remarriage; vacating maintenance order.
After a final judgment 17
requiring maintenance payments has been rendered and the payee has remarried, 18
the court shall, on application of the payer with notice to the payee and upon proof 19
of the payee's
remarriage, or upon receiving notice from the payee of the payee's
20remarriage, as required under s. 767.58 (1) (c),
vacate the order requiring the 21maintenance
(1) Requiring notice of remarriage.
The creation of section 767.58 (1) (c) of the 2
statutes first applies to orders for family support or maintenance payments that are 3
granted on the effective date of this subsection.