Amendment ASA-AB150

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:

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.