Amendment ASA-AB150

AB150-ASA, s. 7099h Section 7099h. 767.085 (2m) (a) 2. of the statutes is amended to read:

AB150-ASA,2178,17 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 49.143 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB150-ASA, s. 7099j Section 7099j. 767.085 (5) of the statutes is amended to read:

AB150-ASA,2178,24 767.085 (5) Response, contents. Whenever the respondent requests an order or judgment affecting a minor child, the response shall state that the respondent requests the department of health and social services to provide services on behalf of the minor child under s. 46.25 49.143, except that this application does not authorize representation under s. 46.25 49.143 or 59.458 (2), or intervention as a party in any action, by the department of health and social services.

AB150-ASA, s. 7100 Section 7100. 767.10 (2) (b) of the statutes is amended to read:

AB150-ASA,2179,7 767.10 (2) (b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the stipulation.

AB150-ASA, s. 7100d Section 7100d. 767.13 (7) of the statutes is amended to read:

AB150-ASA,2179,11 767.13 (7) Cooperation. Each family court commissioner shall cooperate with the county and the department of health and social services to ensure that all dependent children receive reasonable and necessary child support.

AB150-ASA, s. 7100f Section 7100f. 767.15 (2) of the statutes is amended to read:

AB150-ASA,2179,16 767.15 (2) In any appeal of any action affecting the family in which support or maintenance of a child of any party is at issue, the person who initiates the appeal shall notify the department of health and social services of the appeal by sending a copy of the notice of appeal to the department.

AB150-ASA, s. 7100h Section 7100h. 767.23 (1) (am) of the statutes is amended to read:

AB150-ASA,2179,21 767.23 (1) (am) Granting Upon the request of a party, granting periods of physical placement to a party specified in s. 767.24 (4). The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB150-ASA, s. 7100m Section 7100m. 767.23 (1n) of the statutes is amended to read:

AB150-ASA,2180,8 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner 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 of health and social services under s. 46.25 49.143 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB150-ASA, s. 7100p Section 7100p. 767.24 (6) (b) of the statutes is amended to read:

AB150-ASA,2180,12 767.24 (6) (b) Notwithstanding s. 767.001 (1) (1m), in making an order of joint legal custody, the court may give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions.

AB150-ASA, s. 7100r Section 7100r. 767.25 (1g) of the statutes is amended to read:

AB150-ASA,2180,17 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.143 (2m).

AB150-ASA, s. 7100t Section 7100t. 767.25 (1j) of the statutes is amended to read:

AB150-ASA,2180,21 767.25 (1j) Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.143 (9).

AB150-ASA, s. 7101 Section 7101. 767.25 (4m) (a) of the statutes is amended to read:

AB150-ASA,2180,24 767.25 (4m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-ASA, s. 7101r Section 7101r. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB150-ASA,2181,3 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

AB150-ASA, s. 7102 Section 7102. 767.25 (4m) (e) 1. of the statutes is amended to read:

AB150-ASA,2181,12 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

AB150-ASA, s. 7103 Section 7103. 767.254 (2) (a) of the statutes is amended to read:

AB150-ASA,2181,15 767.254 (2) (a) Register for work at a public employment office established under s. 101.23 106.09.

AB150-ASA, s. 7103p Section 7103p. 767.262 (1) (b) of the statutes is amended to read:

AB150-ASA,2181,20 767.262 (1) (b) If one party receives services under s. 46.25 49.143 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 46.25 49.143 (6) or the cost of services rendered by the state or county under s. 49.19.

AB150-ASA, s. 7103r Section 7103r. 767.262 (3) of the statutes is amended to read:

AB150-ASA,2181,24 767.262 (3) The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 46.25 49.143 or 49.19, who may enforce the order in its name.

AB150-ASA, s. 7104d Section 7104d. 767.27 (3) (b) of the statutes is amended to read:

AB150-ASA,2182,2 767.27 (3) (b) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

AB150-ASA, s. 7104f Section 7104f. 767.27 (4) of the statutes is amended to read:

AB150-ASA,2182,8 767.27 (4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under s. 46.25 49.143 (2m) by the department of health and social services or the county child and spousal support agency.

AB150-ASA, s. 7104r Section 7104r. 767.29 (1) of the statutes is amended to read:

AB150-ASA,2183,10 767.29 (1) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of the court for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of the court. Except as provided in sub. (1m), the clerk shall disburse the money so received under the judgment or order within 15 days and take receipts therefor, unless the clerk is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk, which shall be open to inspection by the department of health and social services for the administration of the child and spousal support and establishment of paternity program under s. 46.25 49.143, the parties to the action and their attorneys, and the family court commissioner. If the maintenance, child support or family support payments adjudged or ordered to be paid shall not be paid to the clerk at the time provided in the judgment or order, the clerk or the family court commissioner of the county shall take such proceedings as either of them deems advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of the court.

AB150-ASA, s. 7105 Section 7105 . 767.295 (2) (a) (intro.) of the statutes is amended to read:

AB150-ASA,2183,18 767.295 (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) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2), the court may order a parent who lives in that county and who is not a custodial parent to register for a work experience and job training program under s. 46.253, if all of the following conditions are met:

AB150-ASA, s. 7106 Section 7106 . 767.295 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2184,2 767.295 (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) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2) 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. 46.253 49.36 if all of the following conditions are met:

AB150-ASA, s. 7107 Section 7107. 767.295 (2) (a) 1m. of the statutes is created to read:

AB150-ASA,2184,7 767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 and that county agrees to enroll the parent in the program.

AB150-ASA, s. 7108 Section 7108. 767.295 (2) (a) 1m. of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2184,13 767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 49.36 and that county agrees to enroll the parent in the program.

AB150-ASA, s. 7108c Section 7108c. 767.295 (2) (a) 2. of the statutes is amended to read:

AB150-ASA,2184,17 767.295 (2) (a) 2. The parent works, on average, less than 32 hours per week, and is not participating in an employment or training program which meets guidelines established by the department of health and social services.

AB150-ASA, s. 7109 Section 7109. 767.295 (2) (c) of the statutes is amended to read:

AB150-ASA,2185,5 767.295 (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. 46.25 49.143 (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. 46.253 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) or 767.51 (4m) or (5) after the obligation to make payments ordered under this paragraph ceases.

AB150-ASA, s. 7109f Section 7109f. 767.32 (1) (a) of the statutes is amended to read:

AB150-ASA,2186,6 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB150-ASA, s. 7109h Section 7109h. 767.32 (1) (b) 4. of the statutes is amended to read:

AB150-ASA,2186,14 767.32 (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 of health and social services under s. 46.25 49.143 (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), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

AB150-ASA, s. 7109j Section 7109j. 767.32 (1) (c) 1. of the statutes is amended to read:

AB150-ASA,2186,22 767.32 (1) (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received by the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.143 (2m) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

AB150-ASA, s. 7109m Section 7109m. 767.32 (2) of the statutes is amended to read:

AB150-ASA,2187,2 767.32 (2) Except as provided in sub. (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department of health and social services under s. 46.25 49.143 (9).

AB150-ASA, s. 7109p Section 7109p. 767.32 (4) of the statutes is amended to read:

AB150-ASA,2187,7 767.32 (4) In any case in which the state is a real party in interest under s. 767.075, the department of health and social services shall review the support obligation periodically and whenever circumstances so warrant, petition the court for revision of the judgment or order with respect to the support obligation.

AB150-ASA, s. 7110j Section 7110j. 767.33 (1) of the statutes is amended to read:

AB150-ASA,2187,16 767.33 (1) An order for child support under s. 767.23 or 767.25 may provide for an adjustment in the amount to be paid based on a change in the obligor's income, as reported on the disclosure form under s. 767.27 (2m) or as disclosed to the department of health and social services or county child and spousal support agency under s. 46.25 49.143 (2m). The order may specify the date on which the annual adjustment becomes effective. No adjustment may be made unless the order so provides and the party receiving payments applies for an adjustment as provided in sub. (2). An adjustment under this section may be made only once in any year.

AB150-ASA, s. 7111e Section 7111e. 767.45 (7) of the statutes is amended to read:

AB150-ASA,2187,22 767.45 (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 of health and social services under s. 46.25 49.143 (9) and listing the factors which a court may consider under s. 767.51 (5).

AB150-ASA, s. 7112 Section 7112. 767.455 (5) of the statutes is amended to read:

AB150-ASA,2187,24 767.455 (5) Form. The summons shall be in substantially the following form:

AB150-ASA,2188,1 STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY

AB150-ASA,2188,3 In re the Paternity of A. B.

AB150-ASA,2188,4 STATE OF WISCONSIN

AB150-ASA,2188,5 and

AB150-ASA,2188,6 C. D.

AB150-ASA,2188,7 Address

AB150-ASA,2188,8 City, State Zip Code File No. ...

AB150-ASA,2188,9 , Petitioners

AB150-ASA,2188,10 vs. S U M M O N S

AB150-ASA,2188,11 E. F.

AB150-ASA,2188,12 Address .... (Case Classification Type): .... (Code No.)

AB150-ASA,2188,13 City, State Zip Code

AB150-ASA,2188,14 , Respondent

AB150-ASA,2188,16 THE STATE OF WISCONSIN, To the Respondent:

AB150-ASA,2188,19 You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:

AB150-ASA,2188,20 Date:

AB150-ASA,2188,21 Time:

AB150-ASA,2188,22 Room:

AB150-ASA,2188,23 Judge or Family Court Commissioner: