Amendment ASA-AB150

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:

AB150-ASA,2188,24 Address:

AB150-ASA,2189,10 If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint you one subject to certain limitations only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

AB150-ASA,2189,11 Dated: ...., 19 ..

AB150-ASA,2189,12 Signed:.... ....

AB150-ASA,2189,13 G. H., Clerk of Circuit Court

AB150-ASA,2189,14 or

AB150-ASA,2189,15 Petitioner's Attorney

AB150-ASA,2189,16 State Bar No.: ....

AB150-ASA,2189,17 Address: ....

AB150-ASA,2189,18 City, State Zip Code: ....

AB150-ASA,2189,19 Phone No.: ....

AB150-ASA, s. 7113b Section 7113b. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB150-ASA,2190,3 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. One limitation is that representation by the appointed attorney will end if during the proceedings all only upon one or more of the blood tests show taken during the proceedings showing that you are not excluded as the father or and that the statistical probability of your being the father is less than 99.0% or higher. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

AB150-ASA, s. 7113c Section 7113c. 767.455 (6) of the statutes is amended to read:

AB150-ASA,2190,9 767.455 (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 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. 7114j Section 7114j. 767.47 (6) (a) of the statutes is amended to read:

AB150-ASA,2190,19 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 49.19 (4) (h) 1. or 49.45 (19), the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department of health and social services which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

AB150-ASA, s. 7115 Section 7115. 767.51 (3m) (a) of the statutes is amended to read:

AB150-ASA,2190,22 767.51 (3m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-ASA, s. 7115r Section 7115r. 767.51 (3m) (d) 2. of the statutes is amended to read:

AB150-ASA,2191,3 767.51 (3m) (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. 7116 Section 7116. 767.51 (3m) (e) 1. of the statutes is amended to read:

AB150-ASA,2191,12 767.51 (3m) (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. 7116m Section 7116m. 767.51 (4g) of the statutes is amended to read:

AB150-ASA,2191,17 767.51 (4g) 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. 7116p Section 7116p. 767.51 (4m) of the statutes is amended to read:

AB150-ASA,2191,21 767.51 (4m) Except as provided in sub. (5), 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. 7118m Section 7118m. 767.52 (1) of the statutes is amended to read:

AB150-ASA,2192,5 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

AB150-ASA, s. 7119m Section 7119m. 767.52 (2) of the statutes is amended to read:

AB150-ASA,2192,12 767.52 (2) An attorney appointed under sub. (1) who is appearing on behalf of a party in a paternity action shall represent that party, subject to the limitations under sub. (2m), in all issues and proceedings relating to the paternity determination and the initial establishment of support. The appointed attorney may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.

AB150-ASA, s. 7120m Section 7120m. 767.52 (2m) of the statutes is amended to read:

AB150-ASA,2192,23 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be provided beginning at the pretrial hearing unless, as of the date of the hearing, only after the results of any blood tests that were ordered by the court have been completed and only if all of the results fail to show that the alleged father is excluded or and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child. Representation by an attorney appointed under sub. (1) shall terminate during the paternity proceeding if the results of all of the blood tests ordered by the court show that the alleged father is excluded or give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child.

AB150-ASA, s. 7121c Section 7121c. 767.52 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2193,3 767.52 (3) An attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 49.143 or 59.07 (97) may appear in a paternity action as provided under s. 767.45 (6).

AB150-ASA, s. 7121f Section 7121f. 767.53 (2) of the statutes is amended to read:

AB150-ASA,2193,6 767.53 (2) 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. 7125p Section 7125p. 769.201 (7) of the statutes is amended to read:

AB150-ASA,2193,11 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and social services industry, labor and human relations under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

AB150-ASA, s. 7125r Section 7125r. 769.31 (1) of the statutes is amended to read:

AB150-ASA,2193,14 769.31 (1) The department of health and social services industry, labor and human relations is the state information agency under this chapter.

AB150-ASA, s. 7126 Section 7126. 769.316 (4) of the statutes is amended to read:

AB150-ASA,2193,22 769.316 (4) Copies of bills for testing for parentage, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under ss. 49.45 to 49.47 subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary and customary.

AB150-ASA, s. 7127m Section 7127m. 776.43 of the statutes is amended to read:

AB150-ASA,2194,5 776.43 Costs, how paid. The necessary costs and disbursements incurred in bringing and prosecuting such action by the attorney general, in the name of the state, shall, when certified to by the attorney general, be audited by the department of administration and paid out of the state treasury. The receiver in any such action, or the attorney general in case such moneys are delivered to the attorney general by the receiver, shall repay to the state treasurer secretary of administration any money advanced by the state on account of such costs and disbursements.

AB150-ASA, s. 7128e Section 7128e. 778.135 of the statutes is amended to read:

AB150-ASA,2194,11 778.135 Elections board forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections board under s. 5.05 (1) (c) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the board and deposited with the state treasurer secretary of administration.

AB150-ASA, s. 7128m Section 7128m. 778.136 of the statutes is amended to read:

AB150-ASA,2194,18 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state public officials and employes under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer secretary of administration.

AB150-ASA, s. 7128s Section 7128s. 778.17 of the statutes is amended to read:

AB150-ASA,2195,4 778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village and city treasurers under this chapter, containing the names of such treasurers, the amount received from each and date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the state treasurer secretary of administration.

AB150-ASA, s. 7129e Section 7129e. 779.93 (title) of the statutes is amended to read:

AB150-ASA,2195,7 779.93 (title) Duties of the department of justice agriculture, trade and consumer protection.

AB150-ASA, s. 7129m Section 7129m. 779.93 (1) of the statutes is amended to read:

AB150-ASA,2195,13 779.93 (1) The department of justice agriculture, trade and consumer protection shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of justice agriculture, trade and consumer protection may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.