AB651-ASA2, s. 425 17Section 425. 767.265 (6m) of the statutes is created to read:
AB651-ASA2,195,2318 767.265 (6m) A county child support agency under s. 59.53 (5) may convert a
19support amount in an order for income withholding under this section that is
20expressed as a percentage of income to the equivalent sum certain amount for
21purposes of enforcing a child support order in another state under subch. V or VI of
22ch. 769. Nothing in this subsection authorizes a change, or may be construed to
23change, the support obligation specified in the underlying child support order.
AB651-ASA2, s. 426 24Section 426 . 767.27 (2m) of the statutes, as affected by 1997 Wisconsin Act 27,
25is amended to read:
AB651-ASA2,196,14
1767.27 (2m) In every action in which the court has ordered a party to pay child
2support under s. 767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261
3and the circumstances specified in s. 767.075 (1) apply, the court shall require the
4party who is ordered to pay the support to annually furnish the disclosure form
5required under this section and may require that party to annually furnish a copy
6of his or her most recently filed state and federal income tax returns to the county
7child support agency under s. 59.53 (5) for the county in which the order was entered.
8In any action in which the court has ordered a party to pay child support under s.
9767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261, the court may
10require the party who is ordered to pay the support to annually furnish the disclosure
11form required under this section and a copy of his or her most recently filed state and
12federal income tax returns to the party for whom the support has been awarded. A
13party who fails to furnish the information as required by the court under this
14subsection may be proceeded against for contempt of court under ch. 785.
AB651-ASA2, s. 427 15Section 427 . 767.29 (1m) (intro.) of the statutes is amended to read:
AB651-ASA2,196,2216 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261 and, 767.51 (5p)
17and 767.62 (4) (g), if the clerk of court or support collection designee receives support
18or maintenance money that exceeds the amount due in the month in which it is
19received and that the clerk or support collection designee determines is for support
20or maintenance due in a succeeding month, the clerk or support collection designee
21may hold the amount of overpayment that does not exceed the amount due in the next
22month for disbursement in the next month if any of the following applies:
AB651-ASA2, s. 428 23Section 428. 767.29 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin
24Acts 27
and .... (this act), is repealed and recreated to read:
AB651-ASA2,197,7
1767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261, 767.51 (5p) and
2767.62 (4) (g), if the department or its designee receives support or maintenance
3money that exceeds the amount due in the month in which it is received and that the
4department or its designee determines is for support or maintenance due in a
5succeeding month, the department or its designee may hold the amount of
6overpayment that does not exceed the amount due in the next month for
7disbursement in the next month if any of the following applies:
AB651-ASA2, s. 429 8Section 429. 767.29 (3) of the statutes is renumbered 767.29 (3) (a).
AB651-ASA2, s. 430 9Section 430. 767.29 (3) (b) of the statutes is created to read:
AB651-ASA2,197,1910 767.29 (3) (b) If a child who is the beneficiary of support under a judgment or
11order is placed by court order in a child caring institution, juvenile correctional
12institution or state mental institution, the right of the child to support during the
13period of the child's confinement, including any right to unpaid support accruing
14during that period, is assigned to the state. If the judgment or order providing for
15the support of a child who is placed in a child caring institution, juvenile correctional
16institution or state mental institution includes support for one or more other
17children, the support that is assigned to the state shall be the proportionate share
18of the child placed in the institution, except as otherwise ordered by the court or
19family court commissioner on the motion of a party.
AB651-ASA2, s. 431 20Section 431. 767.295 (2) (a) (intro.) of the statutes is amended to read:
AB651-ASA2,198,221 767.295 (2) (a) (intro.) In an action for modification of a child support order
22under s. 767.32, an action in which an order for child support is required under s.
23767.25 (1) or, 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce
24a child support or family support order in a county that contracts under s. 49.36 (2),
25the court may order a parent who is not a custodial parent to register for a work

1experience and job training program under s. 49.36 if all of the following conditions
2are met:
AB651-ASA2, s. 432 3Section 432. 767.295 (2) (c) of the statutes is amended to read:
AB651-ASA2,198,154 767.295 (2) (c) If the court enters an order under par. (a), it shall order the
5parent to pay child support equal to the amount determined by applying the
6percentage standard established under s. 49.22 (9) to the income a person would earn
7by working 40 hours per week for the federal minimum hourly wage under 29 USC
8206
(a) (1) or equal to the amount of child support that the parent was ordered to pay
9in the most recent determination of support under this chapter. The child support
10obligation ordered under this paragraph continues until the parent makes timely
11payment in full for 3 consecutive months or until the person participates in the
12program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide
13in its order that the parent must make child support payments calculated under s.
14767.25 (1j) or (1m) or, 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation
15to make payments ordered under this paragraph ceases.
AB651-ASA2, s. 433 16Section 433 . 767.30 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
17is amended to read:
AB651-ASA2,199,218 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b)
194., 48.357 (5m), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
20support or maintenance under s. 767.08, child support, family support or
21maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
22767.26, family support under s. 767.261, attorney fees under s. 767.262, child support
23or a child's health care expenses under s. 767.477,
paternity obligations under s.
24767.458 (3), 767.51 or 767.62 (4), support arrearages under s. 767.293 or child or

1spousal support under s. 948.22 (7), the court may provide that any payment be paid
2in the amounts and at the times that it considers expedient.
AB651-ASA2, s. 434 3Section 434. 767.303 (1) of the statutes is amended to read:
AB651-ASA2,199,154 767.303 (1) If a person fails to pay a payment ordered for support under s.
5767.077, support under s. 767.08, child support or family support under s. 767.23,
6child support under s. 767.25, family support under s. 767.261, revised child or
7family support under s. 767.32, child support under s. 767.458 (3), child support
8under s. 767.477,
child support under s. 767.51, child support under s. 767.62 (4) (a),
9child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
10or more days past due and the court finds that the person has the ability to pay the
11amount ordered, the court may suspend the person's operating privilege, as defined
12in s. 340.01 (40), until the person pays all arrearages in full or makes payment
13arrangements that are satisfactory to the court, except that the suspension period
14may not exceed 5 years. If otherwise eligible, the person is eligible for an
15occupational license under s. 343.10 at any time.
AB651-ASA2, s. 435 16Section 435 . 767.305 of the statutes, as affected by 1997 Wisconsin Act 27, is
17amended to read:
AB651-ASA2,200,2 18767.305 Enforcement; contempt proceedings. In all cases where a party
19has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
20767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 767.458 (3), 767.477,
21767.51, 767.62 (4),
938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has
22failed within a reasonable time or as ordered by the court to satisfy such obligation,
23and where the wage assignment proceeding under s. 767.265 and the account
24transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may
25on its own initiative, and shall on the application of the receiving party, issue an order

1requiring the payer to show cause at some reasonable time therein specified why he
2or she should not be punished for such misconduct as provided in ch. 785.
AB651-ASA2, s. 436 3Section 436 . 767.32 (1) (b) 4. of the statutes is amended to read:
AB651-ASA2,200,94 767.32 (1) (b) 4. A difference between the amount of child support ordered by
5the court to be paid by the payer and the amount that the payer would have been
6required to pay based on the percentage standard established by the department
7under s. 49.22 (9) if the court did not use the percentage standard in determining the
8child support payments and did not provide the information required under s. 46.10
9(14) (d), 767.25 (1n) or, 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.
AB651-ASA2, s. 437 10Section 437. 767.32 (2m) of the statutes is amended to read:
AB651-ASA2,200,1511 767.32 (2m) Upon request by a party, the court may modify the amount of
12revised child support payments determined under sub. (2) if, after considering the
13factors listed in s. 767.25 (1m) or, 767.51 (5) or 767.62 (4) (e), as appropriate, the court
14finds, by the greater weight of the credible evidence, that the use of the percentage
15standard is unfair to the child or to any of the parties.
AB651-ASA2, s. 438 16Section 438 . 767.32 (2s) of the statutes is amended to read:
AB651-ASA2,200,2117 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation
18for the revision of a judgment or order with respect to an amount of child support or
19family support unless the stipulation provides for payment of an amount of child
20support or family support that is determined in the manner required under s. 46.10
21(14), 767.25 or, 767.51 or 767.62 (4), whichever is appropriate.
AB651-ASA2, s. 439 22Section 439. 767.37 (1) (a) of the statutes is amended to read:
AB651-ASA2,201,1523 767.37 (1) (a) In any action affecting the family, if the court orders maintenance
24payments or other allowances for a party or children or retains jurisdiction in such
25matters, the written judgment shall include a provision that disobedience of the

1court order with respect to the same is punishable under ch. 785 by commitment to
2the county jail or house of correction until such judgment is complied with and the
3costs and expenses of the proceedings are paid or until the party committed is
4otherwise discharged, according to law. The written judgment in any action affecting
5the family shall include the social security numbers of the parties and of any child
6of the parties.
The findings of fact and conclusions of law and the written judgment
7shall be drafted by the attorney for the moving party, and shall be submitted to the
8court and filed with the clerk of the court within 30 days after judgment is granted;
9but if the respondent has been represented by counsel, the findings, conclusions and
10judgment shall first be submitted to respondent's counsel for approval and if the
11family court commissioner has appeared at the trial of the action, such papers shall
12also be sent to the family court commissioner for approval. After any necessary
13approvals are obtained, the findings of fact, conclusions of law and judgment shall
14be submitted to the court. Final stipulations of the parties may be appended to the
15judgment and incorporated by reference therein.
AB651-ASA2, s. 440 16Section 440. 767.45 (1) (intro.) of the statutes is amended to read:
AB651-ASA2,201,2017 767.45 (1) (intro.) The following persons may bring an action or motion,
18including an action or motion for declaratory judgment, for the purpose of
19determining the paternity of a child or for the purpose of rebutting the presumption
20of paternity under s. 891.405 or 891.41 (1):
AB651-ASA2, s. 441 21Section 441 . 767.45 (1) (c) of the statutes is amended to read:
AB651-ASA2,201,2322 767.45 (1) (c) A Unless s. 767.62 (1) applies, a man presumed to be the child's
23father under s. 891.405 or 891.41 (1).
AB651-ASA2, s. 442 24Section 442. 767.45 (1) (k) of the statutes is amended to read:
AB651-ASA2,202,5
1767.45 (1) (k) In conjunction with the filing of a petition for visitation with
2respect to the child under s. 767.245 (3), a parent of a person who has filed a
3declaration of paternal interest under s. 48.025 or with respect to the child or a
4parent of a person who, before April 1, 1998, signed and filed
a statement
5acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.
AB651-ASA2, s. 443 6Section 443. 767.45 (5) (b) of the statutes is amended to read:
AB651-ASA2,202,197 767.45 (5) (b) An action under this section may be joined with any other action
8for child support and shall be governed by the procedures specified in s. 767.05
9relating to child support, except that the title of the action shall be "In re the
10paternity of A.B." The petition shall state the name and date of birth of the child if
11born or that the mother is pregnant if the child is unborn, the name of any alleged
12father, whether or not an action by any of the parties to determine the paternity of
13the child or rebut the presumption of paternity to the child has at any time been
14commenced, or is pending before any judge or court commissioner, in this state or
15elsewhere. If a paternity judgment has been rendered, or if a paternity action has
16been dismissed, the petition shall state the court which rendered the judgment or
17dismissed the action, and the date and the place the judgment was granted if known.
18The petition shall also give notice of a party's right to request a genetic test under
19s. 49.225 or 767.48.
AB651-ASA2, s. 444 20Section 444 . 767.45 (5m) of the statutes is amended to read:
AB651-ASA2,203,1021 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m),
22767.477, 767.62 and 769.401, unless a man is either presumed the child's father
23under s. 891.41 or (1), is adjudicated the child's father either under s. 767.51 or by
24final order or judgment of a court of competent jurisdiction in another state or has
25acknowledged himself to be the child's father under s. 767.62 (1) or a substantially

1similar law of another state
, no order or temporary order may be entered for child
2support, legal custody or physical placement until the man is adjudicated the father
3using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss.
4767.477, 767.62 and 769.401, the exclusive procedure for establishment of child
5support obligations, legal custody or physical placement rights for a man who is
6neither not presumed the child's father under s. 891.41 nor (1), adjudicated the father
7or acknowledged under s. 767.62 (1) or a substantially similar law of another state
8to be the father
is by an action under ss. 767.45 to 767.60 or under s. 769.701. No
9person may waive the use of this procedure. If a presumption under s. 891.41 (1)
10exists, a party denying paternity has the burden of rebutting the presumption.
AB651-ASA2, s. 445 11Section 445. 767.45 (6m) of the statutes is amended to read:
AB651-ASA2,203,1712 767.45 (6m) The attorney designated under sub. (6) (a) shall commence an
13action under this section on behalf of the state within 6 months after receiving
14notification under s. 69.03 (15) that no father is named on the birth certificate of a
15child who is a resident of the county if paternity has not been acknowledged under
16s. 767.62 (1) or a substantially similar law of another state or
adjudicated, except in
17situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.
AB651-ASA2, s. 446 18Section 446. 767.45 (6p) of the statutes is repealed.
AB651-ASA2, s. 447 19Section 447. 767.455 (5g) (form) 2. of the statutes is amended to read:
AB651-ASA2,204,220 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If
21you are unable to afford an attorney, the court will appoint one for you only upon one
22or more of the genetic tests taken during the proceedings showing
if the results of one
23or more genetic tests show
that you are excluded as the father and that the statistical
24probability of your being the father is less than 99.0%. In order to determine whether

1you are entitled to have an attorney appointed for you, you may call the following
2telephone number .... .
AB651-ASA2, s. 448 3Section 448. 767.455 (5g) (form) 3. of the statutes is amended to read:
AB651-ASA2,204,84 767.455 (5g) (form) 3. You may request genetic tests which will indicate the
5probability that you are or are not the father of the child. The court or county child
6support agency
will order genetic tests on request by you, the state or any other party.
7Any person who refuses to take court-ordered genetic tests may be punished for
8contempt of court.
AB651-ASA2, s. 449 9Section 449. 767.455 (5g) (form) 7. of the statutes is amended to read:
AB651-ASA2,204,1810 767.455 (5g) (form) 7. If you fail to appear at any stage of the proceeding,
11including a scheduled court-ordered genetic test, the court will enter a default
12judgment finding you to be the father. A default judgment will take effect 30 days
13after it is served on or mailed to you at your address on file with the court, unless
14within those 30 days you present to the court evidence of good cause for your failure
15to appear or your failure to have undergone a court-ordered genetic test. You need
16not appear at the time and place specified in the summons if you complete the
17attached waiver of first appearance statement and deliver it to the court by the date
18specified in the waiver of first appearance statement.
AB651-ASA2, s. 450 19Section 450. 767.455 (5r) (form) 2. of the statutes is amended to read:
AB651-ASA2,205,220 767.455 (5r) (form) 2. I understand that I will be notified by the court of all
21future stages in the proceeding and agree to appear at those stages. If I fail to appear
22at any stage, including a scheduled court-ordered genetic test, the court will enter
23a default judgment finding me to be the father. A default judgment will take effect
2430 days after it is served on or mailed to me, unless within those 30 days I present

1to the court evidence of good cause for my failure to appear or my failure to have
2undergone a court-ordered genetic test.
AB651-ASA2, s. 451 3Section 451. 767.458 (1) (c) of the statutes is amended to read:
AB651-ASA2,205,74 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the
5respondent may request the administration of genetic tests which either
6demonstrate that he is not the father of the child or which demonstrate the
7probability that he is or is not the father of the child;
AB651-ASA2, s. 452 8Section 452. 767.458 (1) (d) of the statutes is amended to read:
AB651-ASA2,205,109 767.458 (1) (d) Except as provided under sub. in subs. (1m) and (2) and s.
10767.463
, the court will order genetic tests upon the request of any party; and
AB651-ASA2, s. 453 11Section 453 . 767.458 (2) of the statutes is amended to read:
AB651-ASA2,205,2012 767.458 (2) At the first appearance, if it appears from a sufficient petition or
13affidavit of the child's mother or an alleged father, or from sworn testimony of the
14child's mother or an alleged father,
that there is probable cause to believe that any
15of the males named has had sexual intercourse with the mother during a possible
16time of the child's conception, the court may, or upon the request of any party shall,
17order any of the named persons to submit to genetic tests. The tests shall be
18conducted in accordance with s. 767.48. The court is not required to order a person
19who has undergone a genetic test under s. 49.225 to submit to another genetic test
20under this subsection unless a party requests additional tests under s. 767.48 (2).
AB651-ASA2, s. 454 21Section 454. 767.458 (3) of the statutes is amended to read:
AB651-ASA2,206,222 767.458 (3) At the first appearance, if a statement acknowledging paternity
23under s. 69.15 (3) (b) 1. or 3. that was signed and filed before April 1, 1998, is on file,
24the court may enter an order for child support, legal custody or physical placement

1and, if the respondent who filed the statement does not dispute his paternity, may
2enter a judgment of paternity.
AB651-ASA2, s. 455 3Section 455. 767.463 of the statutes is created to read:
AB651-ASA2,206,10 4767.463 Dismissal if adjudication not in child's best interest. Except as
5provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
6child, upon the motion of a party or guardian ad litem, the court or court
7commissioner under s. 757.69 (3) (g) may, with respect to a man, refuse to order
8genetic tests, if genetic tests have not yet been taken, and dismiss the action if the
9court or court commissioner determines that a judicial determination of whether the
10man is the father of the child is not in the best interest of the child.
AB651-ASA2, s. 456 11Section 456. 767.465 (1m) of the statutes is created to read:
AB651-ASA2,206,1712 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub.
13(1), a court may enter an order adjudicating the alleged father, or man alleging that
14he is the father, to be the father of the child under s. 767.51 if the mother of the child
15fails to appear at the first appearance, unless the first appearance is not required
16under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient
17evidence exists to establish the man as the father of the child.
AB651-ASA2, s. 457 18Section 457. 767.465 (2) (a) of the statutes is amended to read:
AB651-ASA2,207,419 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged
20father and fails to appear at the first appearance, unless the first appearance is not
21required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing
22or trial, the court shall enter an order adjudicating the respondent to be the father
23and appropriate orders for support, legal custody and physical placement. The
24orders shall be either served on the respondent or mailed by regular, registered or
25certified mail, to the last-known address of the respondent. The orders shall take

1effect 30 days after service or 30 days after the date on which the orders were mailed
2unless, within that time, the respondent presents to the court or court commissioner
3under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have
4undergone a court-ordered genetic test.
AB651-ASA2, s. 458 5Section 458. 767.466 (intro.) of the statutes is amended to read:
AB651-ASA2,207,10 6767.466 Motion to reopen judgment based on statement
7acknowledging paternity.
(intro.) A judgment which adjudicates a person to be
8the father of a child and which was based upon a statement acknowledging paternity
9that was signed and filed before April 1, 1998, may, if no trial was conducted, be
10reopened under any of the following circumstances:
AB651-ASA2, s. 459 11Section 459. 767.47 (1) (c) of the statutes is amended to read:
AB651-ASA2,207,1212 767.47 (1) (c) Genetic test results under ss. 49.225, 767.48 or 885.23.
AB651-ASA2, s. 460 13Section 460. 767.47 (3) of the statutes is amended to read:
AB651-ASA2,207,1914 767.47 (3) In Except as provided in s. 767.48 (4), in an action against an alleged
15father, evidence offered by him with respect to an identified man who is not subject
16to the jurisdiction of the court concerning that man's sexual intercourse with the
17mother at or about the presumptive time of conception of the child is admissible in
18evidence only after the alleged father has undergone genetic tests and made the
19results
available to the court genetic tests as provided in s. 767.48.
AB651-ASA2, s. 461 20Section 461. 767.47 (8) of the statutes is amended to read:
AB651-ASA2,207,2421 767.47 (8) The party bringing an action for the purpose of determining
22paternity or for the purpose of declaring the nonexistence of paternity presumed
23under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved
24by clear and satisfactory preponderance of the evidence.
AB651-ASA2, s. 462 25Section 462. 767.47 (11) of the statutes is created to read:
AB651-ASA2,208,3
1767.47 (11) Bills for services or articles related to the pregnancy, childbirth or
2genetic testing may be admitted into evidence and are prima facie evidence of the
3costs incurred for such services or articles.
AB651-ASA2, s. 463 4Section 463. 767.475 (1) of the statutes is renumbered 767.475 (1) (a) and
5amended to read:
AB651-ASA2,208,96 767.475 (1) (a) Except as provided in s. 767.045 (1) (c) par. (b), the court may
7appoint a guardian ad litem for the child and shall appoint a guardian ad litem for
8a minor parent or minor who is alleged to be a parent in a paternity proceeding unless
9the minor parent or the minor alleged to be the parent is represented by an attorney.
AB651-ASA2, s. 464 10Section 464. 767.475 (1) (b) of the statutes is created to read:
AB651-ASA2,208,1311 767.475 (1) (b) The court shall appoint a guardian ad litem for the child if s.
12767.045 (1) (a) or (c) applies or if the court has concern that the child's best interest
13is not being represented.
AB651-ASA2, s. 465 14Section 465. 767.475 (2) of the statutes is amended to read:
AB651-ASA2,208,1615 767.475 (2) Presumption of paternity shall be as provided in ss. 891.39, 891.405
16and 891.41 (1).
AB651-ASA2, s. 466 17Section 466. 767.477 of the statutes is created to read:
AB651-ASA2,208,24 18767.477 Temporary orders. (1) At any time during the pendency of an action
19to establish the paternity of a child, if genetic tests show that the alleged father is
20not excluded and that the statistical probability of the alleged father's parentage is
2199.0% or higher, on the motion of a party, the court shall make an appropriate
22temporary order for the payment of child support and may make a temporary order
23assigning responsibility for and directing the manner of payment of the child's health
24care expenses.
AB651-ASA2,209,6
1(2) Before making any temporary order under sub. (1), the court shall consider
2those factors that the court is required under s. 767.51 to consider when granting a
3final judgment on the same subject matter. If the court makes a temporary child
4support order that deviates from the amount of support that would be required by
5using the percentage standard established by the department under s. 49.22 (9), the
6court shall comply with the requirements of s. 767.51 (5d).
AB651-ASA2, s. 467 7Section 467 . 767.48 (1) (a) of the statutes is amended to read:
AB651-ASA2,209,188 767.48 (1) (a) The court may, and upon request of a party shall, require the
9child, mother, any male for whom there is probable cause to believe that he had
10sexual intercourse with the mother during a possible time of the child's conception,
11or any male witness who testifies or will testify about his sexual relations with the
12mother at a possible time of conception to submit to genetic tests. Probable cause of
13sexual intercourse during a possible time of conception may be established by a
14sufficient petition or affidavit of the child's mother or an alleged father, filed with the
15court, or after an examination under oath of a complainant party or witness, when
16the court determines such an examination is necessary. The court is not required to
17order a person who has undergone a genetic test under s. 49.225 to submit to another
18test under this paragraph unless a party requests additional tests under sub. (2).
AB651-ASA2, s. 468 19Section 468. 767.48 (1m) of the statutes is amended to read:
AB651-ASA2,209,2320 767.48 (1m) Under sub. (1), if the If genetic tests ordered under this section or
21s. 49.225
show that the alleged father is not excluded and that the statistical
22probability of the alleged father's parentage is 99.0% or higher, the alleged father
23shall be rebuttably presumed to be the child's parent.
AB651-ASA2, s. 469 24Section 469. 767.48 (4) of the statutes is amended to read:
AB651-ASA2,210,13
1767.48 (4) Whenever the results of the genetic tests exclude the an alleged
2father as the father of the child, this evidence shall be conclusive evidence of
3nonpaternity and the court shall dismiss the any paternity action with respect to that
4alleged father
. Whenever the results of the genetic tests exclude any male witness
5from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
6male witness. Testimony relating to sexual intercourse or possible sexual
7intercourse of the mother with any person excluded as a possible father, as a result
8of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
9genetic test, this fact shall be disclosed to the fact finder. This refusal Refusal to
10submit to a genetic test ordered by the court
is a contempt of the court for failure to
11produce evidence under s. 767.47 (5). If the action was brought by the child's mother
12but she refuses to submit herself or the child to genetic tests, the action shall be
13dismissed.
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