AB1067-ASA1,58,3
1767.075
(1) (b) An action to establish or enforce a child support or maintenance
2obligation whenever there is a completed application for legal services filed with the
3child support program under s.
46.25 49.22.
AB1067-ASA1,58,95
767.075
(2) (a) Except as provided in par. (b), in any action affecting the family
6under a child support enforcement program, an attorney acting under s.
46.25 49.22 7or 59.07 (97), including any district attorney or corporation counsel, represents only
8the state. Child support services provided by an attorney as specified in sub. (1) do
9not create an attorney-client relationship with any other party.
AB1067-ASA1,58,1411
767.075
(2) (b) Paragraph (a) does not apply to an attorney who is employed
12by the department
of health and social services under s.
46.25 49.22 or a county under
13s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the
14purpose of establishing paternity.
AB1067-ASA1,58,21
17767.077 Support for dependent child. (intro.) The state or its delegate
18under s.
46.25 49.22 (7) shall bring an action for support of a minor child under s.
19767.02 (1) (f) or, if appropriate, for paternity determination and child support under
20s. 767.45 whenever the child's right to support is assigned to the state under s.
2146.261, 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:
AB1067-ASA1,59,224
767.078
(1) (d) 1. c. The parent who is absent from the home works, on average,
25less than 32 hours per week and is not participating in an employment training
1program that meets criteria established by the department
of industry, labor and
2human relations.
AB1067-ASA1,59,65
767.078
(1) (d) 3. Subdivisions 1. and 2. only apply while the department
of
6industry, labor and human relations conducts the program under s. 49.25.
AB1067-ASA1,59,178
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
9spouse or dependent child for support and maintenance and the spouse, person with
10legal custody or nonlegally responsible relative fails or refuses to institute an
11appropriate court action under this chapter to provide for the same, the person in
12charge of county welfare activities, the county child support program designee under
13s. 59.07 (97) or the
state department
of health and social services is a real party in
14interest under s. 767.075 and shall initiate an action under this section, for the
15purpose of obtaining support and maintenance. Any attorney employed by the state
16or any subdivision thereof may initiate an action under this section. The title of the
17action shall be "In re the support or maintenance of A.B. (Child)".
AB1067-ASA1,59,2320
767.085
(2) (b) The clerk of court shall provide without charge, to each person
21filing a petition requesting child support, a document setting forth the percentage
22standard established by the department
of health and social services under s.
46.25 2349.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).
AB1067-ASA1,60,4
1767.085
(2m) (a) 2. Shall be accompanied by a document, provided without
2charge by the clerk of court, setting forth the percentage standard established by the
3department
of health and social services under s.
46.25 49.22 (9) and listing the
4factors which a court may consider under s. 767.25 (1m).
AB1067-ASA1,60,97
767.13
(7) Cooperation. Each family court commissioner shall cooperate with
8the county and the department
of health and social services to ensure that all
9dependent children receive reasonable and necessary child support.
AB1067-ASA1,60,1411
767.15
(2) In any appeal of any action affecting the family in which support or
12maintenance of a child of any party is at issue, the person who initiates the appeal
13shall notify the department
of health and social services of the appeal by sending a
14copy of the notice of appeal to the department.
AB1067-ASA1,61,216
767.23
(1n) Before making any temporary order under sub. (1), the court or
17family court commissioner shall consider those factors which the court is required
18by this chapter to consider before entering a final judgment on the same subject
19matter. If the court or family court commissioner makes a temporary child support
20order that deviates from the amount of support that would be required by using the
21percentage standard established by the department
of health and social services 22under s.
46.25 49.22 (9), the court or family court commissioner shall comply with the
23requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon
24the written stipulation of the parties, subject to the approval of the court or the family
1court commissioner. Temporary orders made by the family court commissioner may
2be reviewed by the court as provided in s. 767.13 (6).
AB1067-ASA1,61,74
767.25
(1g) In determining child support payments, the court may consider all
5relevant financial information or other information relevant to the parent's earning
6capacity, including information reported to the department
of health and social
7services, or the county child and spousal support agency, under s.
46.25 49.22 (2m).
AB1067-ASA1,61,119
767.25
(1j) Except as provided in sub. (1m), the court shall determine child
10support payments by using the percentage standard established by the department
11of health and social services under s.
46.25 49.22 (9).
AB1067-ASA1,61,1513
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
14if eligible for coverage, upon application by the parent, the child's other parent, the
15department
of health and social services or the county designee under s. 59.07 (97).
AB1067-ASA1,61,2418
767.25
(4m) (e) 1. If a parent who has been ordered by a court to provide
19coverage of the health care expenses of a child who is eligible for medical assistance
20under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services
21provided to the child but does not pay the health care provider for the services or
22reimburse the department
of health and social services or any other person who paid
23for the services on behalf of the child, the department
of health and social services 24may obtain a judgment against the parent for the amount of the 3rd party payment.
AB1067-ASA1,62,4
1767.262
(1) (b) If one party receives services under s.
46.25 49.22 or services
2provided by the state or county as a result of an assignment of income under s. 49.19,
3order the other party to pay any fee chargeable under s.
46.25 49.22 (6) or the cost
4of services rendered by the state or county under s. 49.19.
AB1067-ASA1,62,86
767.262
(3) The court may order that the amount be paid directly to the
7attorney or to the state or the county providing services under s.
46.25 49.22 or 49.19,
8who may enforce the order in its name.
AB1067-ASA1,62,2011
767.265
(6) (c) No employer may use an assignment under this section or s.
12767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of
13employment to a person, the discharge of an employe or any disciplinary action
14against an employe. An employer who denies employment or discharges or
15disciplines an employe in violation of this paragraph may be fined not more than
16$500 and may be required to make full restitution to the aggrieved person, including
17reinstatement and back pay. Except as provided in this paragraph, restitution shall
18be in accordance with s. 973.20. An aggrieved person may apply to the district
19attorney or to the department
of industry, labor and human relations for enforcement
20of this paragraph.
AB1067-ASA1,62,2322
767.27
(3) (b) The clerk of circuit court shall provide information from court
23records to the department
of health and social services under s. 59.395 (7).
AB1067-ASA1,63,5
1767.27
(4) Failure by either party timely to file a complete disclosure statement
2as required by this section shall authorize the court to accept as accurate any
3information provided in the statement of the other party or obtained under s.
46.25 449.22 (2m) by the department
of health and social services or the county child and
5spousal support agency.
AB1067-ASA1,64,128
767.29
(1) All orders or judgments providing for temporary or permanent
9maintenance, child support or family support payments shall direct the payment of
10all such sums to the clerk of
the court, or support collection designee in a county that
11has designated a support collection designee under s. 59.07 (97m), for the use of the
12person for whom the same has been awarded. A party securing an order for
13temporary maintenance, child support or family support payments shall forthwith
14file the order, together with all pleadings in the action, with the clerk of
the court or
15support collection designee. Except as provided in sub. (1m), the clerk or support
16collection designee shall disburse the money so received under the judgment or order
17within 15 days and take receipts therefor, unless the clerk or support collection
18designee is unable to disburse the moneys because they were paid by check or other
19draft drawn upon an account containing insufficient funds. All moneys received or
20disbursed under this section shall be entered in a record kept by the clerk or support
21collection designee, whichever is appropriate, which shall be open to inspection by
22the department
of health and social services for the administration of the child and
23spousal support and establishment of paternity program under s.
46.25 49.22, the
24parties to the action and their attorneys, and the family court commissioner. If the
25maintenance, child support or family support payments adjudged or ordered to be
1paid shall not be paid to the clerk or support collection designee at the time provided
2in the judgment or order, the clerk or support collection designee or the family court
3commissioner of the county shall take such proceedings as he or she considers
4advisable to secure the payment of the sum including enforcement by contempt
5proceedings under ch. 785 or by other means. Copies of any order issued to compel
6the payment shall be mailed to counsel who represented each party when the
7maintenance, child support or family support payments were awarded. In case any
8fees of officers in any of the proceedings, including the compensation of the family
9court commissioner at the rate of $50 per day unless the commissioner is on a
10salaried basis, is not collected from the person proceeded against, the fees shall be
11paid out of the county treasury upon the order of the presiding judge and the
12certificate of
the clerk of
the court or support collection designee.
AB1067-ASA1, s. 244
13Section
244. 767.29 (2) of the statutes, as affected by 1995 Wisconsin Acts 279
14and 289, is amended to read:
AB1067-ASA1,65,715
767.29
(2) If any party entitled to maintenance payments or support money,
16or both, is receiving public assistance under ch. 49, the party may assign the party's
17right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
18assistance. Such assignment shall be approved by order of the court granting the
19maintenance payments or support money, and may be terminated in like manner;
20except that it shall not be terminated in cases where there is any delinquency in the
21amount of maintenance payments and support money previously ordered or
22adjudged to be paid to the assignee without the written consent of the assignee or
23upon notice to the assignee and hearing. When an assignment of maintenance
24payments or support money, or both, has been approved by the order, the assignee
25shall be deemed a real party in interest within s. 803.01 but solely for the purpose
1of securing payment of unpaid maintenance payments or support money adjudged
2or ordered to be paid, by participating in proceedings to secure the payment thereof.
3Notwithstanding assignment under this subsection, and without further order of the
4court, the clerk of court or support collection designee, upon receiving notice that a
5party or a minor child of the parties is receiving aid under s. 49.19, shall forward all
6support assigned under s. 48.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the
7department
of industry, labor and human relations.
AB1067-ASA1,65,1210
767.295
(2) (a) 2. The parent works, on average, less than 32 hours per week,
11and is not participating in an employment or training program which meets
12guidelines established by the department
of industry, labor and human relations.
AB1067-ASA1,66,215
767.295
(2) (c) If the court enters an order under par. (a), it shall order the
16parent to pay child support equal to the amount determined by applying the
17percentage standard established under s.
46.25 49.22 (9) to the income a person
18would earn by working 40 hours per week for the federal minimum hourly wage
19under
29 USC 206 (a) (1) or equal to the amount of child support that the parent was
20ordered to pay in the most recent determination of support under this chapter. The
21child support obligation ordered under this paragraph continues until the parent
22makes timely payment in full for 3 consecutive months or until the person
23participates in the program under s. 49.36 for 16 weeks, whichever comes first. The
24court shall provide in its order that the parent must make child support payments
1calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the obligation to
2make payments ordered under this paragraph ceases.
AB1067-ASA1,67,55
767.32
(1) (a) After a judgment or order providing for child support under this
6chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
7938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or
8family support payments under this chapter, or for the appointment of trustees
9under s. 767.31, the court may, from time to time, on the petition, motion or order to
10show cause of either of the parties, or upon the petition, motion or order to show cause
11of the department
of health and social services, a county department under s. 46.215,
1246.22 or 46.23 or a child support program designee under s. 59.07 (97) if an
13assignment has been made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h)
14or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m)
15or ch. 49, and upon notice to the family court commissioner, revise and alter such
16judgment or order respecting the amount of such maintenance or child support and
17the payment thereof, and also respecting the appropriation and payment of the
18principal and income of the property so held in trust, and may make any judgment
19or order respecting any of the matters that such court might have made in the
20original action, except that a judgment or order that waives maintenance payments
21for either party shall not thereafter be revised or altered in that respect nor shall the
22provisions of a judgment or order with respect to final division of property be subject
23to revision or modification. A revision, under this section, of a judgment or order with
24respect to an amount of child or family support may be made only upon a finding of
25a substantial change in circumstances. In any action under this section to revise a
1judgment or order with respect to maintenance payments, a substantial change in
2the cost of living by either party or as measured by the federal bureau of labor
3statistics may be sufficient to justify a revision of judgment or order with respect to
4the amount of maintenance, except that a change in an obligor's cost of living is not
5in itself sufficient if payments are expressed as a percentage of income.
AB1067-ASA1,67,137
767.32
(1) (b) 4. A difference between the amount of child support ordered by
8the court to be paid by the payer and the amount that the payer would have been
9required to pay based on the percentage standard established by the department
of
10health and social services under s.
46.25 49.22 (9) if the court did not use the
11percentage standard in determining the child support payments and did not provide
12the information required under s. 46.10 (14) (d), 767.25 (1n) or 767.51 (5d), whichever
13is appropriate.
AB1067-ASA1,67,2115
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
16judgment or order as a percentage of parental income, a change in the payer's
17income, evidenced by information received by the department
of health and social
18services, or the county child and spousal support agency, under s.
46.25 49.22 (2m)
19or by other information, from the payer's income determined by the court in its most
20recent judgment or order for child support, including a revision of a child support
21order under this section.
AB1067-ASA1,68,223
767.32
(2) Except as provided in sub. (2m) or (2r), if the court revises a
24judgment or order with respect to child support payments, it shall do so by using the
1percentage standard established by the department
of health and social services 2under s.
46.25 49.22 (9).
AB1067-ASA1,68,74
767.32
(4) In any case in which the state is a real party in interest under s.
5767.075, the department
of health and social services shall review the support
6obligation periodically and whenever circumstances so warrant, petition the court
7for revision of the judgment or order with respect to the support obligation.
AB1067-ASA1,68,169
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
10an adjustment in the amount to be paid based on a change in the obligor's income,
11as reported on the disclosure form under s. 767.27 (2m) or as disclosed to the
12department
of health and social services or county child and spousal support agency
13under s.
46.25 49.22 (2m). The order may specify the date on which the annual
14adjustment becomes effective. No adjustment may be made unless the order so
15provides and the party receiving payments applies for an adjustment as provided in
16sub. (2). An adjustment under this section may be made only once in any year.
AB1067-ASA1,68,2318
767.45
(6m) The attorney designated under sub. (6) (a) shall commence an
19action under this section on behalf of the state within 6 months after receiving
20notification under s. 69.03 (15) that no father is named on the birth certificate of a
21child who is a resident of the county if paternity has not been adjudicated, except in
22situations under s. 69.14 (1) (g) and (h) and as provided by the department
of health
23and social services by rule.
AB1067-ASA1,69,5
1767.45
(7) The clerk of court shall provide without charge, to each person
2bringing an action under this section, except to the state under sub. (1) (g) or (6m),
3a document setting forth the percentage standard established by the department
of
4health and social services under s.
46.25 49.22 (9) and listing the factors which a
5court may consider under s. 767.51 (5).
AB1067-ASA1,69,117
767.455
(6) Document. The summons served on the respondent shall be
8accompanied by a document, provided without charge by the clerk of court, setting
9forth the percentage standard established by the department
of health and social
10services under s.
46.25 49.22 (9) and listing the factors which a court may consider
11under s. 767.51 (5).
AB1067-ASA1,69,2314
767.47
(6) (a) Whenever the state brings the action to determine paternity
15pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4)
16(h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159,
17the natural mother of the child may not be compelled to testify about the paternity
18of the child if it has been determined that the mother has good cause for refusing to
19cooperate in establishing paternity as provided in
42 USC 602 (a) (26) (B) and the
20federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
21pursuant to any rules promulgated by the department
of health and social services 22which define good cause in accordance with the federal regulations, as authorized by
2342 USC 602 (a) (26) (B) in effect on July 1, 1981.
AB1067-ASA1,70,3
1767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
2if eligible for coverage, upon application by the parent, the child's other parent, the
3department
of health and social services or the county designee under s. 59.07 (97).
AB1067-ASA1,70,126
767.51
(3m) (e) 1. If a parent who has been ordered by a court to provide
7coverage of the health care expenses of a child who is eligible for medical assistance
8under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services
9provided to the child but does not pay the health care provider for the services or
10reimburse the department
of health and social services or any other person who paid
11for the services on behalf of the child, the department
of health and social services 12may obtain a judgment against the parent for the amount of the 3rd party payment.
AB1067-ASA1,70,1714
767.51
(4g) In determining child support payments, the court may consider all
15relevant financial information or other information relevant to the parent's earning
16capacity, including information reported to the department
of health and social
17services, or the county child and spousal support agency, under s.
46.25 49.22 (2m).
AB1067-ASA1,70,2119
767.51
(4m) Except as provided in sub. (5), the court shall determine child
20support payments by using the percentage standard established by the department
21of health and social services under s.
46.25 49.22 (9).
AB1067-ASA1,70,2523
767.52
(3) This section does not prevent an attorney responsible for support
24enforcement under s. 59.458 (1) or any other attorney employed under s.
46.25 49.22 25or 59.07 (97) from appearing in any paternity action as provided under s. 767.45 (6).
AB1067-ASA1,71,32
767.53
(2) The clerk of circuit court shall provide information from court
3records to the department
of health and social services under s. 59.395 (7).
AB1067-ASA1,71,65
769.31
(1) The department of
health and social services industry, labor and job
6development is the state information agency under this chapter.
AB1067-ASA1,71,108
949.08
(2) (g) Has been certified to the department under s.
46.255 49.855 (7)
9as being delinquent in child support or maintenance payments
or as owing past
10support, medical expenses or birth expenses.
