1997 Wisconsin Act 191

1. The needs of the child.

2. The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under par. (b).

3. The standard of living and circumstances of the parents, including whether a parent receives maintenance payments under s. 767.26 and the needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

4. The relative financial means of the parents.

5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

6. The need and capacity of the child for education, including higher education.

7. The age of the child.

8. The financial resources and the earning ability of the child.

9. Any physical custody arrangement ordered or decided upon.

10. Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

11. The responsibility of the parents for the support of others.

12. The value of services contributed by the custodial parent.

13. The best interests of the child.

14. Any other factors that the court or family court commissioner in each case determines are relevant to the best interests of the child.

(f) If the court or family court commissioner finds under par. (e) that use of the percentage standard is unfair to the child or the requesting party, the court or family court commissioner shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's or family court commissioner's order deviates from that amount, the reasons for finding that use of the percentage standard is unfair to the child or the party, the reasons for the amount of the modification and the basis for the modification.

(g) A party ordered to pay child support under this subsection shall pay simple interest at the rate of 1.5% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% per month shall accrue on the total amount of child support in arrears, if any. Interest under this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for child support as follows:

1. First, to payment of child support due within the calendar month during which the payment is received.

2. Second, to payment of unpaid child support due before the payment is received.

3. Third, to payment of interest accruing on unpaid child support.

(5) Voiding determination. (a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

(b) If a court in a proceeding under par. (a) determines that the man is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man. The court shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man with respect to the child.

(6) Applicability. (a) This section does not apply unless all of the following apply to the statement acknowledging paternity:

1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.

2. The statement was signed and filed on or after April 1, 1998.

3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

(b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.

(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on April 1, 1998.

191,489 Section 489 . 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care expenses, the court or family court commissioner may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court or family court commissioner orders income withholding and assignment for the payment of health care expenses, the court or family court commissioner shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include that notice of assignment with a notice of assignment under s. 767.265. The department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the department or its designee for health care expenses that are directed to be paid to the department or its designee.

191,490 Section 490 . 767.62 (4) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

767.62 (4) (g) (intro.) A party ordered to pay child support under this subsection shall pay simple interest at the rate of 1.5% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% per month shall accrue on the total amount of child support in arrears, if any. Interest under this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

191,491 Section 491. 802.12 (3) (d) 1. of the statutes is amended to read:

802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

191,492 Section 492 . 802.12 (3) (d) 3. of the statutes is amended to read:

802.12 (3) (d) 3. Child support under s. 767.25 or s., 767.458 (3), 767.51 or 767.62 (4) (a).

191,493 Section 493 . 808.075 (4) (d) 9. of the statutes is amended to read:

808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62 (4).

191,494 Section 494 . 808.075 (4) (d) 10. of the statutes is amended to read:

808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62 (4).

191,495 Section 495 . 808.075 (4) (d) 11. of the statutes is amended to read:

808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25 (4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.

191,496 Section 496 . 852.05 (2) of the statutes is amended to read:

852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father under s. 767.62 (1) or a substantially similar law of another state.

191,497 Section 497 . 885.01 (5) of the statutes is created to read:

885.01 (5) By the department of workforce development or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

191,498 Section 498 . 891.39 (1) (a) of the statutes is amended to read:

891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

191,499 Section 499 . 891.405 of the statutes is amended to read:

891.405 Presumption of paternity based on acknowledgment. A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed to be the father under s. 891.41 (1).

191,500 Section 500 . 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1) (b), as renumbered, is amended to read:

891.41 (1) (b) He and the child's natural mother were married to each other after the child was born but he and the child's natural mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated to be the father or presumed to be the father of the child under sub. (1) par. (a).

191,501 Section 501 . 891.41 (2) of the statutes is created to read:

891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man other than the man presumed to be the father under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher, even if the man presumed to be the father under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

191,502 Section 502 . 895.48 (title) of the statutes is amended to read:

895.48 (title) Civil liability exemption; emergency care, health care at athletic events and health care, hazardous substances and information concerning paternity.

191,503 Section 503 . 895.48 (3) of the statutes is created to read:

895.48 (3) Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

191,504 Section 504 . 938.02 (13) of the statutes is amended to read:

938.02 (13) “Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, “parent" includes a person adjudged in a judicial proceeding acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. “Parent" does not include any person whose parental rights have been terminated.

191,505 Section 505 . 948.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under s. 49.22 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

191,506 Section 506 . 977.06 (4) (bm) of the statutes is created to read:

977.06 (4) (bm) In response to a request for information under s. 49.22 (2m) made by the department of workforce development or a county child support agency under s. 59.53 (5), the state public defender shall provide the name and address of an individual, the name and address of the individual's employer and financial information related to the individual, if the name, address or financial information is included in any statement, affidavit or other information provided by the individual regarding financial eligibility under s. 977.07 and if, at the time the request for information is made, the individual is represented by the state public defender or by counsel assigned under s. 977.08.

191,507 Section 507 . 977.06 (4) (c) of the statutes is amended to read:

977.06 (4) (c) Paragraph ( b) does Paragraphs (b) and (bm) do not limit the authority of the state public defender to release a copy of the a statement, affidavit or other information regarding financial eligibility under s. 977.07 under other circumstances.

191,508 Section 508 . Laws of 1937, chapter 201, section 11, as last amended by chapter 267, laws of 1963, is amended to read:

[Laws of 1937, chapter 201] Section 11. All Except as provided in section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section 767.265 of the statutes, as affected by 1997 Wisconsin Act .... (this act), all moneys and assets of the retirement system and all benefits and allowances, and every portion thereof, both before and after payment to any beneficiary, granted under the retirement system shall be exempt from any state, county or municipal tax, and from attachment or garnishment process, and shall not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under the retirement system, and no member of or beneficiary under the retirement system shall have any right to assign his benefit or allowance, or any part thereof, either by way of mortgage or otherwise, provided, however, that the annuity and pension board may at its option and under rules and regulations promulgated by it permit retired members to assign a portion of their retirement allowance for the regular monthly payment of medical, surgical and hospital care. The exemption from taxation contained herein shall not apply with respect to any tax on income.

191,509 Section 509 . Laws of 1937, chapter 201, section 21b is created to read:

[Laws of 1937, chapter 201] Section 21b. Notwithstanding Section 21, no county may enact an ordinance that prevents a retirement system from complying with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).

191,510 Section 510 . 1997 Wisconsin Act 27, section 631 is repealed.

191,511 Section 511 . 1997 Wisconsin Act 27, section 639b is repealed.

191,512 Section 512 . 1997 Wisconsin Act 27, section 833 is repealed.

191,513 Section 513 . 1997 Wisconsin Act 27, section 909b is repealed.

191,514 Section 514 . 1997 Wisconsin Act 27, section 9426 (8) is amended to read:

[1997 Wisconsin Act 27] Section 9426 (8) Centralized receipt and disbursement of support and maintenance. The treatment of sections 20.445 (3) (a), (ja), (k), and (q) and (r), 20.855 (7) (j), 25.17 (1) (tm), 25.68, 49.24 (1) (by Section 1882n), 49.855 (1), (2), (3) (by Section 1992m), (4), (4m) (b) (by Section 1995m) and (c) and (5), 565.30 (5), 767.001 (7), 767.025 (3) and (4), 767.25 (4m) (c) 1. and (6) (intro.) and (a), 767.261 (intro.) and (1), 767.262 (4) (b), 767.263, 767.265 (1), (2r), (3h), (6) (a) and (b) and (7), 767.267 (1), (2) and (5), 767.29 (1m) (intro.) and (d) and (2), 767.32 (1r), 767.51 (3m) (c) 1. and (5p) (intro.) and (a), 769.319 and 814.61 (12) (cm) of the statutes, the repeal of sections 20.445 (3) (g), 59.40 (2) (h), 59.53 (5m), 814.61 (12) (b) and 814.612 of the statutes, the renumbering and amendment of sections 59.53 (5) and 767.29 (1) of the statutes, the amendment of section 49.175 (1) (intro.) of the statutes, the creation of sections 59.53 (5) (b) and 767.29 (1) (b), (d) and (f) of the statutes and Section 9226 (1) of this act take effect on the date stated in the notice published by the department of workforce development in the Wisconsin Administrative Register under section 767.29 (1) (f) of the statutes, as created by this act, or on October 1, 1999, whichever is earlier.

191,9145 Section 9145. Nonstatutory provisions; supreme court.

(1) State bar membership; failure to pay support or provide social security number. The supreme court is requested to promulgate rules under section 751.15 of the statutes, as created by this act, so that those rules are effective beginning on April 1, 1998, or on the effective date of this subsection, whichever is later.

191,9155 Section 9155. Nonstatutory provisions; workforce development.

(1) Financial record matching program. The department of workforce development shall submit in proposed form the rules required under section 49.853 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this subsection.

(2) Statewide concern. Notwithstanding chapter 201, laws of 1937, section 21, as created by chapter 405, laws of 1965, the treatment of section 49.852 of the statutes and chapter 201, laws of 1937, sections 11 and 21b, is a matter of statewide concern and is not a matter of local affair or government, whether a retirement system is affected or otherwise.

(3) General rules; support enforcement program. The department of workforce development shall submit in proposed form the rules required under section 49.858 (2) of the statutes, as created by this act, and section 767.027 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

191,9156 Section 9156. Nonstatutory provisions; other.

(1) Lac du Flambeau approvals; failure to pay support or provide social security number. The Lac du Flambeau band of the Lake Superior Chippewa is requested to enact tribal laws or ordinances under section 29.138 (5m) of the statutes, as created by this act, so that those laws or ordinances are effective beginning on April 1, 1998, or on the effective date of this subsection, whichever is later.

191,9301 Section 9301. Initial applicability; administration.

(1) License denial, restriction, limitation and suspension. The treatment of sections 218.11 (2) (a) and (am), (6m) and (7) (a) and 218.12 (2) (a) and (am), (3m) and (5) of the statutes (with respect to information required on applications and with respect to the denial of applications) first applies to license applications received by the department of administration on the effective date of this subsection and the treatment of sections 218.11 (6m) and (7) (a) and (b) and 218.12 (3m) and (5) of the statutes (with respect to denying, restricting, limiting or suspending a license for failure to comply with a subpoena or warrant) first applies to failures to comply with subpoenas or warrants that are issued on the effective date of this subsection.

(2) Gaming licenses. The treatment of section 562.05 (1c) and (7) (am) of the statutes first applies to applications for licenses that are received by the department of administration under that section on the effective date of this subsection.

191,9304 Section 9304. Initial applicability; agriculture, trade and consumer protection.

(1) License denial for failure to pay support. The treatment of sections 93.06 (8), 93.11 (1), 93.135, 93.35 (10), 94.65 (3) (c) 1., 94.66 (8), 95.72 (2) (c) 5. and 99.02 (1) of the statutes (with respect to information required on applications and with respect to the denial of applications) first applies to applications for initial or renewal licenses, registrations or registration certificates that are received on the effective date of this subsection and (with respect to denial of or refusal to renew a license, registration or registration certificates for failure to comply with a subpoena or warrant) first applies to failures to comply with subpoenas or warrants that are issued on the effective date of this subsection.

191,9310 Section 9310. Initial applicability; commerce.