AB417: Bill Text

AB417,49,3 *....

AB417,49,4 TITLE: MEMBER STATE BAR OF WISCONSIN

AB417,49,5 (If not, .... authorized by s. 706.06, Wis. Stats.)

AB417,49,6 Acknowledgment

AB417,49,7 STATE OF WISCONSIN   )

AB417,49,8 )   ss.

AB417,49,9 .... County   )

AB417,49,12 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

AB417,49,13 *....

AB417,49,14 Notary Public ...., .... County, Wisconsin.

AB417,49,15 My Commission is permanent.

AB417,49,16 (If not, state expiration date: ...., .... (year))

AB417,49,17 (Signatures may be authenticated or

AB417,49,18 acknowledged. Both are not necessary.)

AB417,49,19 *Names of persons signing in any capacity should

AB417,49,20 be typed or printed below their signatures.

AB417,49,21 Termination of

AB417,49,22 Statutory terminable individual

AB417,49,23 Property classification agreement

AB417,49,24 I UNDERSTAND THAT:

AB417,50,3 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589 (4) OF THE WISCONSIN STATUTES.

AB417,50,8 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

AB417,50,11 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB417,50,14 The undersigned terminates the statutory terminable individual property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.589 of the Wisconsin Statutes.

AB417,50,15 Signature: ....

AB417,50,16 Date: ....

AB417,50,17 Print Name Here: ....

AB417,50,18 Residence Address: ....

AB417,50,19 Schedule “A"

AB417,50,20 Financial Disclosure

AB417,50,24 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

AB417,50,25 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

AB417,51,1 I.   Assets

AB417,51,2 A.   Real estate (gross value)

AB417,51,3 B.   Stocks, bonds and mutual funds

AB417,51,5 C.   Accounts at and certificates and other instruments issued by financial institutions

AB417,51,7 D.   Mortgages, land contracts, promissory notes and cash

AB417,51,8 E.   Partnership interests

AB417,51,9 EL.   Limited liability company interests

AB417,51,10 F.   Trust interests

AB417,51,11 G.   Livestock, farm products, crops

AB417,51,12 H.   Automobiles and other vehicles

AB417,51,13 I.   Jewelry and personal effects

AB417,51,14 J.   Household furnishings

AB417,51,15 K.   Life insurance and annuities:

AB417,51,16 1.   Face value

AB417,51,17 2.   Cash surrender value

AB417,51,18 L.   Retirement benefits (include value):

AB417,51,19 1.   Pension plans

AB417,51,20 2.   Profit sharing plans

AB417,51,21 3.   HR-10 KEOGH plans

AB417,51,22 4.   IRAs

AB417,51,23 5.   Deferred compensation plans

AB417,51,24 M.   Other assets not listed elsewhere

AB417,51,25 II.   Obligations (total outstanding balance):

AB417,52,1 A.   Mortgages and liens

AB417,52,2 B.   Credit cards

AB417,52,3 C.   Other obligations to financial institutions

AB417,52,5 D.   Alimony, maintenance and child support (per month)

AB417,52,8 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

AB417,52,9 III.   Annual compensation for services:

AB417,52,11 (for example, wages and income from self-employment; also include social security,

AB417,52,12 disability and similar income here)

AB417,52,13 (IF YOU NEED ADDITIONAL SPACE,

AB417,52,14 ADD ADDITIONAL SHEETS.)

AB417,116 Section 116 . 767.215 (2) (b) of the statutes is amended to read:

AB417,52,18 767.215 (2) (b) The name and birthdate of each minor child of the parties and each other child born to the wife a party during the marriage, and whether the wife a party is pregnant.

AB417,117 Section 117 . 767.215 (5) (a) 2. of the statutes is amended to read:

AB417,52,22 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife a party during the marriage and who is a minor.

AB417,118 Section 118 . 767.323 of the statutes is amended to read:

AB417,53,12 767.323 Suspension of proceedings to effect reconciliation. During the pendency of an action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the suspension period, the parties may resume living together as husband and wife a married couple and their acts and conduct do not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action. Suspension may be revoked upon the motion of either party by an order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

AB417,119 Section 119 . 767.80 (1) (intro.) of the statutes is amended to read:

AB417,53,18 767.80 (1) Who may bring action or file motion. (intro.) The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41 (1):

AB417,120 Section 120 . 767.80 (1) (c) of the statutes is amended to read:

AB417,53,22 767.80 (1) (c) Unless s. 767.805 (1) applies, a male presumed to be the child's father under s. 891.405 or a person presumed to be the child's parent under s. 891.41 (1).

AB417,121 Section 121 . 767.80 (2) of the statutes is amended to read:

AB417,54,7 767.80 (2) Certain agreements not a bar to action. Regardless of its terms, an agreement made after July 1, 1981, other than an agreement approved by the court between an alleged father or presumed father parent and the mother or child, does not bar an action under this section. Whenever the court approves an agreement in which one of the parties agrees not to commence an action under this section, the court shall first determine whether or not the agreement is in the best interest of the child. The court shall not approve any provision waiving the right to bring an action under this section if this provision is contrary to the best interests of the child.

AB417,122 Section 122 . 767.855 of the statutes is amended to read:

AB417,54,16 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem or the child's mother if she is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or supplemental court commissioner determines that a judicial determination of whether the male is the father of the child is not in the best interest of the child.

AB417,123 Section 123. 767.863 (1m) of the statutes is amended to read:

AB417,55,3 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB417,124 Section 124 . 767.87 (1m) (intro.) of the statutes is amended to read:

AB417,55,10 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth certificate or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth certificate as the father parent of the child other than the mother, at the earliest possible of the following:

AB417,125 Section 125 . 767.87 (8) of the statutes is amended to read:

AB417,55,16 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or the nonexistence of parentage presumed under s. 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB417,126 Section 126. 767.87 (9) of the statutes is amended to read:

AB417,55,21 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

AB417,127 Section 127. 767.883 (1) of the statutes is amended to read:

AB417,56,18 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.