9,3062
Section
3062. 767.29 (1) (d) (intro.) and 1. of the statutes, as created by
1997 Wisconsin Act 27, are consolidated, renumbered 767.29 (1) (d) and amended to read:
767.29 (1) (d) For receiving and disbursing maintenance, child support or family support payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $25 to be paid by each party ordered to make payments. The court or family court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the department or its designee in each year for which payments are ordered. In directing the manner of payment of the annual fee, the court or family court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section
paragraph is not paid when due, the department or its designee may not deduct the annual fee from the maintenance or child or family support payment, but may do any of the following: 1. Move move the court for a remedial sanction under ch. 785.
9,3064
Section
3064. 767.29 (1) (dm) of the statutes is created to read:
767.29 (1) (dm) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance or child or family support payment.
2m. A clerk of court may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are owed to the clerk of court, or to his or her predecessor, and that were not shown on the department's automated payment and collection system on December 31, 1998, through income withholding under s. 767.265 (2m). If the clerk of court determines that income withholding is inapplicable, ineffective or insufficient for the collection of any unpaid fees under this subdivision, the clerk of court may move the court for a remedial sanction under ch. 785.
767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6)
, and 767.261, 767.51 (5p) and 767.62 (4) (g), if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the department or its designee determines is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:
9,3065cd
Section 3065cd. 767.295 (2) (a) (intro.) of the statutes is amended to read:
767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 if all of the following conditions are met:
9,3065ce
Section 3065ce. 767.295 (2) (c) of the statutes is amended to read:
767.295
(2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under
29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m)
, 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to make payments ordered under this paragraph ceases.
9,3065cf
Section 3065cf. 767.303 (1) of the statutes is amended to read:
767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.458 (3), child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.
767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.
9,3065ch
Section 3065ch. 767.32 (1) (b) 4. of the statutes is amended to read:
767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.
9,3065ci
Section 3065ci. 767.32 (2m) of the statutes is amended to read:
767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.
9,3065cj
Section 3065cj. 767.325 (2m) of the statutes is created to read:
767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement that allocates specific times for the exercise of periods of physical placement.
9,3064cjm
Section 3064cjm. 767.325 (4m) of the statutes is created to read:
767.325 (4m) Denial of physical placement for killing other parent. (a) Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a party or on its own motion, a court shall modify a physical placement order by denying a parent physical placement with a child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.
(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that physical placement with the parent would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
9,3065ck
Section 3065ck. 767.325 (5m) of the statutes is created to read:
767.325 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) and shall make its determination in a manner consistent with s. 767.24.
9,3065cL
Section 3065cL. 767.325 (6m) of the statutes is created to read:
767.325 (6m) Parenting plan. In any action to modify a legal custody or physical placement order under sub. (1), the court may require the party seeking the modification to file with the court a parenting plan under s. 767.24 (1m) before any hearing is held.
9,3065cm
Section 3065cm. 767.327 (4) of the statutes is amended to read:
767.327 (4) Guardian ad litem; prompt hearing. After a petition, motion or order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem, unless s. 767.045 (1) (am) applies, and shall hold a hearing as soon as possible.
9,3065cn
Section 3065cn. 767.327 (5m) of the statutes is created to read:
767.327 (5m) Discretionary factors to consider. In making a determination under sub. (3), the court may consider the child's adjustment to the home, school, religion and community.
9,3065co
Section 3065co. 767.45 (7) of the statutes is amended to read:
767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).
9,3065cp
Section 3065cp. 767.455 (6) of the statutes is amended to read:
767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).
9,3065cpm
Section 3065cpm. 767.475 (2m) of the statutes is created to read:
767.475 (2m) If there is no presumption of paternity under s. 891.41 (1), the mother shall have sole legal custody of the child until the court orders otherwise.
9,3065cq
Section 3065cq. 767.477 (1) of the statutes is amended to read:
767.477 (1) At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, on the motion of a party, the court shall make an appropriate temporary order
orders for the payment of child support and may make a temporary order, assigning responsibility for and directing the manner of payment of the child's health care expenses and for the custody and physical placement of the child.
9,3065cr
Section 3065cr. 767.477 (2) of the statutes is amended to read:
767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).
9,3065cs
Section 3065cs. 767.51 (3) of the statutes is repealed and recreated to read:
767.51 (3) A judgment or order determining paternity shall contain all of the following provisions:
(a) An adjudication of the paternity of the child.
(b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.
(c) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.
(d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under
26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).
(e) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.
(f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.
(g) An order requiring either party to pay or contribute to the attorney fees of the other party.
9,3065cu
Section 3065cu. 767.51 (3r) of the statutes is repealed.
9,3065cv
Section 3065cv. 767.51 (4) of the statutes is repealed and recreated to read:
767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition in the action under s. 767.45 is filed, unless a party shows, to the satisfaction of the court, all of the following:
1. That he or she was induced to delay commencing the action by any of the following:
a. Duress or threats.
b. Actions, promises or representations by the other party upon which the party relied.
c. Actions taken by the other party to evade paternity proceedings.
2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.
(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.
9,3065cw
Section 3065cw. 767.51 (4g) of the statutes is repealed.
9,3065cx
Section 3065cx. 767.51 (4m) of the statutes is repealed.
9,3065cy
Section 3065cy. 767.51 (5) of the statutes is repealed.
9,3065d
Section 3065d. 767.51 (5d) of the statutes is repealed.
9,3065de
Section 3065de. 767.53 (intro.) of the statutes is amended to read:
767.53 Paternity hearings and records; confidentiality. (intro.) Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of the pending proceedings shall be placed in a closed file, except that:
9,3065df
Section 3065df. 767.53 (1) (intro.) of the statutes is amended to read:
767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to all of the following:
9,3065dg
Section 3065dg. 767.53 (3) of the statutes is created to read:
767.53 (3) Subject to s. 767.19, a record of a past proceeding is open to public inspection if all of the following apply:
(a) Paternity was established in the proceeding.
(b) The record is filed after the effective date of this paragraph .... [revisor inserts date].
(c) The record relates to a post-adjudication issue.
767.62 (4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:
(a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.
(b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.
(c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under
26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).
(d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.
(e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.
(f) An order requiring either party to pay or contribute to the attorney fees of the other party.
9,3065di
Section 3065di. 767.62 (4m) of the statutes is created to read:
767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:
1. That he or she was induced to delay commencing the action by any of the following:
a. Duress or threats.
b. Actions, promises or representations by the other party upon which the party relied.
