AB651-ASA2, s. 484 16Section 484. 767.51 (5p) (a) of the statutes is amended to read:
AB651-ASA2,215,2217 767.51 (5p) (a) First, to payment of child support due within the calendar
18month during which the payment is withheld from income under s. 767.265 or under
19similar laws of another state. If payment is not made through income withholding,
20the clerk or support collection designee, whichever is appropriate, shall first apply
21child support payments received to payment of child support
due within the calendar
22month during which the payment is received.
AB651-ASA2, s. 485 23Section 485. 767.52 (2m) of the statutes, as affected by 1997 Wisconsin Act 35,
24is amended to read:
AB651-ASA2,216,5
1767.52 (2m) Representation by an attorney appointed under sub. (1) shall be
2provided only after the results of any genetic tests that were ordered by the court
3have been completed and only if all of the results fail to show that the alleged father
4is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m)
5that the alleged father is the father of the child.
AB651-ASA2, s. 486 6Section 486 . 767.62 of the statutes is repealed and recreated to read:
AB651-ASA2,216,11 7767.62 Voluntary acknowledgment of paternity. (1) Conclusive
8determination of paternity.
A statement acknowledging paternity that is on file
9with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person
10may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive
11determination, which shall be of the same effect as a judgment, of paternity.
AB651-ASA2,216,15 12(2) Rescission of acknowledgment. (a) A statement acknowledging paternity
13that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as
14provided in s. 69.15 (3m) by a person who signed the statement as a parent of the
15child who is the subject of the statement.
AB651-ASA2,216,2016 (b) If a statement acknowledging paternity is timely rescinded as provided in
17s. 69.15 (3m), a court or family court commissioner may not enter an order specified
18in sub. (4) with respect to the man who signed the statement as the father of the child
19unless the man is adjudicated the child's father using the procedures set forth in ss.
20767.45 to 767.60.
AB651-ASA2,217,2 21(3) Actions when paternity acknowledged. (a) Unless the statement
22acknowledging paternity has been timely rescinded, an action affecting the family
23concerning custody, child support or physical placement rights may be brought with
24respect to persons who, with respect to a child, jointly signed and filed with the state

1registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging
2paternity.
AB651-ASA2,217,63 (b) Except as provided in s. 767.045, in an action specified in par. (a) the court
4or family court commissioner may appoint a guardian ad litem for the child and shall
5appoint a guardian ad litem for a party who is a minor, unless the minor party is
6represented by an attorney.
AB651-ASA2,217,22 7(4) Orders when paternity acknowledged. (a) In an action under sub. (3) (a),
8if the persons who signed and filed the statement acknowledging paternity as
9parents of the child had notice of the hearing, the court or family court commissioner
10may make an order that contains any provision directed against the appropriate
11party to the proceeding concerning the duty of support, the legal custody or
12guardianship of the child, periods of physical placement, the furnishing of bond or
13other security for the payment of amounts under the order or any other matter in the
14best interest of the child. Unless the court orders otherwise, if there is no
15presumption of paternity under s. 891.41 (1) the mother shall have sole legal custody
16of the child. The court or family court commissioner shall order either party or both
17to pay for the support of any child of the parties who is less than 18 years old, or any
18child of the parties who is less than 19 years old if the child is pursuing an accredited
19course of instruction leading to the acquisition of a high school diploma or its
20equivalent. The order may direct the father to pay or contribute to the reasonable
21expenses of the mother's pregnancy and confinement during pregnancy and may
22direct either party to pay or contribute to the costs of attorney fees or other costs.
AB651-ASA2,217,2423 (b) 1. In this paragraph, "health insurance" does not include medical assistance
24provided under subch. IV of ch. 49.
AB651-ASA2,218,16
12. In addition to ordering child support for a child under par. (a), the court or
2family court commissioner shall specifically assign responsibility for and direct the
3manner of payment of the child's health care expenses. In assigning responsibility
4for a child's health care expenses, the court or family court commissioner shall
5consider whether a child is covered under a parent's health insurance policy or plan
6at the time the court enters an order under this paragraph, the availability of health
7insurance to each parent through an employer or other organization, the extent of
8coverage available to a child and the costs to the parent for the coverage of the child.
9A parent may be required to initiate or continue health care insurance coverage for
10a child under this subdivision. If a parent is required to do so, he or she shall provide
11copies of necessary program or policy identification to the other parent and is liable
12for any health care costs for which he or she receives direct payment from an insurer.
13This paragraph may not be construed to limit the authority of the court or family
14court commissioner to enter or modify support orders containing provisions for
15payment of medical expenses, medical costs, or insurance premiums that are in
16addition to and not inconsistent with this paragraph.
AB651-ASA2,219,717 3. a. In directing the manner of payment of a child's health care expenses, the
18court or family court commissioner may order that payment, including payment for
19health insurance premiums, be withheld from income and sent to the appropriate
20health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the
21clerk of court or support collection designee, whichever is appropriate, for
22disbursement to the person for whom the payment has been awarded if that person
23is not a health care insurer, provider or plan. If the court or family court
24commissioner orders income withholding and assignment for the payment of health
25care expenses, the court or family court commissioner shall send notice of

1assignment in the manner provided under s. 767.265 (2r) and may include that notice
2of assignment with a notice of assignment under s. 767.265. The clerk of court shall
3keep a record of all moneys received and disbursed by the clerk for health care
4expenses that are directed to be paid to the clerk and the support collection designee
5shall keep a record of all moneys received and disbursed by the support collection
6designee for health care expenses that are directed to be paid to the support collection
7designee.
AB651-ASA2,219,188 b. If the court or family court commissioner orders a parent to initiate or
9continue health insurance coverage for a child under a health insurance policy that
10is available to the parent through an employer or other organization but the court
11or family court commissioner does not specify the manner in which payment of the
12health insurance premiums shall be made, the clerk of court may provide notice of
13assignment in the manner provided under s. 767.265 (2r) for the withholding from
14income of the amount necessary to pay the health insurance premiums. That notice
15of assignment may be sent with or included as part of any other notice of assignment
16under s. 767.265, if appropriate. A person who receives the notice of assignment shall
17send the withheld health insurance premiums to the appropriate health care
18insurer, provider or plan, as provided in s. 767.265 (3h).
AB651-ASA2,219,2319 4. If the court or family court commissioner orders a parent to provide coverage
20of the health care expenses of the parent's child and the parent is eligible for family
21coverage of health care expenses under a health benefit plan that is provided by an
22employer on an insured or on a self-insured basis, the employer shall do all of the
23following:
AB651-ASA2,220,3
1a. Permit the parent to obtain family coverage of health care expenses for the
2child, if eligible for coverage, without regard to any enrollment period or waiting
3period restrictions that may apply.
AB651-ASA2,220,74 b. Provide family coverage of health care expenses for the child, if eligible for
5coverage, upon application by the parent, the child's other parent, the department
6or the county child support agency under s. 59.53 (5), or upon receiving a notice under
7subd. 6.
AB651-ASA2,220,108 bm. Inform the county child support agency under s. 59.53 (5) when coverage
9of the child under the health benefit plan is in effect and, upon request, provide copies
10of necessary program or policy identification to the child's other parent.
AB651-ASA2,220,1711 c. After the child has coverage under the employer's health benefit plan, and
12as long as the parent is eligible for family coverage under the employer's health
13benefit plan, continue to provide coverage for the child unless the employer receives
14satisfactory written evidence that the order of the court or family court commissioner
15is no longer in effect or that the child has coverage of health care expenses under
16another health insurance policy or health benefit plan that provides comparable
17coverage of health care expenses.
AB651-ASA2,220,2418 5. a. If a parent who has been ordered by a court or family court commissioner
19to provide coverage of the health care expenses of a child who is eligible for medical
20assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost
21of services provided to the child but does not pay the health care provider for the
22services or reimburse the department or any other person who paid for the services
23on behalf of the child, the department may obtain a judgment against the parent for
24the amount of the 3rd party payment.
AB651-ASA2,221,2
1b. Section 767.265 (4) applies to a garnishment based on a judgment obtained
2under subd. 5. a.
AB651-ASA2,221,73 6. a. If a parent who provides coverage of the health care expenses of a child
4under an order under this paragraph changes employers and that parent has a
5court-ordered child support obligation with respect to the child, the county child
6support agency under s. 59.53 (5) shall provide notice of the order to provide coverage
7of the child's health care expenses to the new employer and to the parent.
AB651-ASA2,221,178 b. The notice provided to the parent shall inform the parent that coverage for
9the child under the new employer's health benefit plan will be in effect upon the
10employer's receipt of the notice. The notice shall inform the parent that he or she
11may, within 10 business days after receiving the notice, by motion request a hearing
12before the court on the issue of whether the order to provide coverage of the child's
13health care expenses should remain in effect. A motion under this subd. 6. b. may
14be heard by a family court commissioner. If the parent requests a hearing and the
15court or family court commissioner determines that the order to provide coverage of
16the child's health care expenses should not remain in effect, the court shall provide
17notice to the employer that the order is no longer in effect.
AB651-ASA2,221,2518 (c) 1. In making an order of legal custody under par. (a), the court shall order
19a parent who is not granted legal custody to provide to the court medical and medical
20history information that is known to the parent. The court shall send the information
21to the physician or other health care provider with primary responsibility for the
22treatment and care of the child, as designated by the parent who is granted legal
23custody of the child, and advise the physician or other health care provider of the
24identity of the child to whom the information relates. The information provided shall
25include all of the following:
AB651-ASA2,222,7
1a. The known medical history of the parent providing the information,
2including specific information about stillbirths or congenital anomalies in the
3parent's family, and the medical histories, if known, of the parents and siblings of the
4parent and any sibling of the child who is a child of the parent, except that medical
5history information need not be provided for a sibling of the child if the parent or
6other person who is granted legal custody of the child also has legal custody,
7including joint legal custody, of that sibling.
AB651-ASA2,222,98 b. A report of any medical examination that the parent providing the
9information had within one year before the date of the order.
AB651-ASA2,222,2110 2. The physician or other health care provider designated under subd. 1. shall
11keep the information separate from other records kept by the physician or other
12health care provider. The information shall be assigned an identification number
13and maintained under the name of the parent who provided the information to the
14court. The patient health care records of the child that are kept by the physician or
15other health care provider shall include a reference to that name and identification
16number. If the child's patient health care records are transferred to another
17physician or other health care provider or another health care facility, the records
18containing the information provided under subd. 1. shall be transferred with the
19child's patient health care records. Notwithstanding s. 146.819, the information
20provided under subd. 1. need not be maintained by a physician or other health care
21provider after the child reaches age 18.
AB651-ASA2,222,2322 3. Notwithstanding ss. 146.81 to 146.835, the information shall be kept
23confidential, except only as follows:
AB651-ASA2,223,324 a. The physician or other health care provider with custody of the information,
25or any other record custodian at the request of the physician or other health care

1provider, shall have access to the information if, in the professional judgment of the
2physician or other health care provider, the information may be relevant to the child's
3medical condition.
AB651-ASA2,223,64 b. The physician or other health care provider may release only that portion
5of the information, and only to a person, that the physician or other health care
6provider determines is relevant to the child's medical condition.
AB651-ASA2,223,97 (d) 1. Except as provided in par. (e), the court or family court commissioner shall
8determine child support payments under par. (a) by using the percentage standard
9established by the department under s. 49.22 (9).
AB651-ASA2,223,1410 2. In determining child support payments under par. (a), the court or family
11court commissioner may consider all relevant financial information or other
12information relevant to the parent's earning capacity, including information
13reported under s. 49.22 (2m) to the department or the county child support agency
14under s. 59.53 (5).
AB651-ASA2,223,2015 3. Support orders under par. (a) ordinarily shall be for periodic payments which
16may vary in amount if appropriate. The payment amount may be expressed as a
17percentage of the parent's income or as a fixed sum, or as a combination of both in
18the alternative by requiring payment of the greater or lesser of either a percentage
19of the parent's income or a fixed sum. The father's liability for past support of the
20child shall be limited to support for the period after the birth of the child.
AB651-ASA2,223,2521 (e) Upon request by a party, the court or family court commissioner may modify
22the amount of child support payments determined under par. (d) if, after considering
23the following factors, the court or family court commissioner finds by the greater
24weight of the credible evidence that use of the percentage standard is unfair to the
25child or to the requesting party:
AB651-ASA2,224,1
11. The needs of the child.
AB651-ASA2,224,32 2. The physical, mental and emotional health needs of the child, including any
3costs for health insurance as provided for under par. (b).
AB651-ASA2,224,74 3. The standard of living and circumstances of the parents, including whether
5a parent receives maintenance payments under s. 767.26 and the needs of each party
6in order to support himself or herself at a level equal to or greater than that
7established under 42 USC 9902 (2).
AB651-ASA2,224,88 4. The relative financial means of the parents.
AB651-ASA2,224,119 5. The earning capacity of each parent, based on each parent's education,
10training and work experience and based on the availability of work in or near the
11parent's community.
AB651-ASA2,224,1212 6. The need and capacity of the child for education, including higher education.
AB651-ASA2,224,1313 7. The age of the child.
AB651-ASA2,224,1414 8. The financial resources and the earning ability of the child.
AB651-ASA2,224,1515 9. Any physical custody arrangement ordered or decided upon.
AB651-ASA2,224,1716 10. Extraordinary travel expenses incurred in exercising the right to periods
17of physical placement.
AB651-ASA2,224,1818 11. The responsibility of the parents for the support of others.
AB651-ASA2,224,1919 12. The value of services contributed by the custodial parent.
AB651-ASA2,224,2020 13. The best interests of the child.
AB651-ASA2,224,2221 14. Any other factors that the court or family court commissioner in each case
22determines are relevant to the best interests of the child.
AB651-ASA2,225,423 (f) If the court or family court commissioner finds under par. (e) that use of the
24percentage standard is unfair to the child or the requesting party, the court or family
25court commissioner shall state in writing or on the record the amount of support that

1would be required by using the percentage standard, the amount by which the court's
2or family court commissioner's order deviates from that amount, the reasons for
3finding that use of the percentage standard is unfair to the child or the party, the
4reasons for the amount of the modification and the basis for the modification.
AB651-ASA2,225,125 (g) A party ordered to pay child support under this subsection shall pay simple
6interest at the rate of 1.5% per month on any amount in arrears that is equal to or
7greater than the amount of child support due in one month. Interest under this
8paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8)
9and is paid to the clerk of court or support collection designee under s. 767.29. Except
10as provided in s. 767.29 (1m), the clerk of court or support collection designee,
11whichever is appropriate, shall apply all payments received for child support as
12follows:
AB651-ASA2,225,1413 1. First, to payment of child support due within the calendar month during
14which the payment is received.
AB651-ASA2,225,1615 2. Second, to payment of unpaid child support due before the payment is
16received.
AB651-ASA2,225,1717 3. Third, to payment of interest accruing on unpaid child support.
AB651-ASA2,225,22 18(5) Voiding determination. (a) A determination of paternity that arises under
19this section may be voided at any time upon a motion or petition stating facts that
20show fraud, duress or a mistake of fact. Except for good cause shown, any orders
21entered under sub. (4) shall remain in effect during the pendency of a proceeding
22under this paragraph.
AB651-ASA2,226,323 (b) If a court in a proceeding under par. (a) determines that the man is not the
24father of the child, the court shall vacate any order entered under sub. (4) with
25respect to the man. The court shall notify the state registrar, in the manner provided

1in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
2birth certificate. No paternity action may thereafter be brought against the man
3with respect to the child.
AB651-ASA2,226,5 4(6) Applicability. (a) This section does not apply unless all of the following
5apply to the statement acknowledging paternity:
AB651-ASA2,226,76 1. The statement is made on a form prescribed by the state registrar for use
7beginning on April 1, 1998.
AB651-ASA2,226,88 2. The statement was signed and filed on or after April 1, 1998.
AB651-ASA2,226,129 3. The statement contains an attestation clause showing that both parties,
10before signing the statement, received oral and written notice of the legal
11consequences of, the rights and responsibilities arising from and the alternatives to,
12signing the statement.
AB651-ASA2,226,1613 (b) Parties who signed and filed a statement acknowledging paternity before
14April 1, 1998, may sign and file a new statement that fulfills the requirements under
15par. (a). Such a statement supersedes any statement previously filed with the state
16registrar and has the effects specified in this section.
AB651-ASA2,226,1917 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
18beginning with forms for the acknowledgment of paternity that are prescribed by the
19state registrar on April 1, 1998.
AB651-ASA2, s. 487 20Section 487 . 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
21Act .... (this act), is repealed and recreated to read:
AB651-ASA2,227,1022 767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care
23expenses, the court or family court commissioner may order that payment, including
24payment for health insurance premiums, be withheld from income and sent to the
25appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or

1sent to the department or its designee, whichever is appropriate, for disbursement
2to the person for whom the payment has been awarded if that person is not a health
3care insurer, provider or plan. If the court or family court commissioner orders
4income withholding and assignment for the payment of health care expenses, the
5court or family court commissioner shall send notice of assignment in the manner
6provided under s. 767.265 (2r) and may include that notice of assignment with a
7notice of assignment under s. 767.265. The department or its designee, whichever
8is appropriate, shall keep a record of all moneys received and disbursed by the
9department or its designee for health care expenses that are directed to be paid to
10the department or its designee.
AB651-ASA2, s. 488 11Section 488 . 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
12Wisconsin Act .... (this act), is repealed and recreated to read:
AB651-ASA2,227,1913 767.62 (4) (g) (intro.) A party ordered to pay child support under this subsection
14shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
15is equal to or greater than the amount of child support due in one month. Interest
16under this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4)
17or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except
18as provided in s. 767.29 (1m), the department or its designee, whichever is
19appropriate, shall apply all payments received for child support as follows:
AB651-ASA2, s. 489 20Section 489. 802.12 (3) (d) 1. of the statutes is amended to read:
AB651-ASA2,227,2221 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
22767.51 (3) or 767.62 (4) (a)
.
AB651-ASA2, s. 490 23Section 490. 802.12 (3) (d) 3. of the statutes is amended to read:
AB651-ASA2,227,2524 802.12 (3) (d) 3. Child support under s. 767.25 or s., 767.458 (3), 767.51 or
25767.62 (4) (a)
.
AB651-ASA2, s. 491
1Section 491. 808.075 (4) (d) 9. of the statutes is amended to read:
AB651-ASA2,228,32 808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62
3(4)
.
AB651-ASA2, s. 492 4Section 492. 808.075 (4) (d) 10. of the statutes is amended to read:
AB651-ASA2,228,65 808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62
6(4)
.
AB651-ASA2, s. 493 7Section 493. 808.075 (4) (d) 11. of the statutes is amended to read:
AB651-ASA2,228,98 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25
9(4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.
AB651-ASA2, s. 494 10Section 494. 815.19 (2) of the statutes is amended to read:
AB651-ASA2,228,1811 815.19 (2) If the property seized is an automobile which is appraised and can
12be sold for more than $1,000 or if the property seized is a tractor used in farming
13operations which is appraised and can be sold for more than $1,500, the officer may
14sell such automobile or tractor and out of the proceeds of such sale the officer shall
15pay to the debtor or the debtor's spouse the exempted value of such automobile or
16tractor. The balance of the proceeds of such sale shall be applied on the execution or
17attachment. This subsection does not apply to automobiles or tractors levied against
18under s. 49.854.
AB651-ASA2, s. 495 19Section 495. 815.20 (1) of the statutes is amended to read:
AB651-ASA2,229,1120 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
21resident owner and occupied by him or her shall be exempt from execution, from the
22lien of every judgment and from liability for the debts of the owner to the amount of
23$40,000, except mortgages, laborers', mechanics' and purchase money liens, liens
24under s. 49.854
and taxes and except as otherwise provided. The exemption shall not
25be impaired by temporary removal with the intention to reoccupy the premises as a

1homestead nor by the sale of the homestead, but shall extend to the proceeds derived
2from the sale to an amount not exceeding $40,000, while held, with the intention to
3procure another homestead with the proceeds, for 2 years. The exemption extends
4to land owned by husband and wife jointly or in common or as marital property, and
5when they reside in the same household may be claimed by either or may be divided
6in any proportion between them, but the exemption may not exceed $40,000 for the
7household. If the husband and wife fail to agree on the division of exemption, the
8exemption shall be divided between them by the court in which the first judgment
9was taken. The exemption extends to the interest therein of tenants in common,
10having a homestead thereon with the consent of the cotenants, and to any estate less
11than a fee.
AB651-ASA2, s. 496 12Section 496. 852.05 (2) of the statutes is amended to read:
AB651-ASA2,229,1813 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01
14except that the father or the father's kindred can inherit only if the father has been
15adjudicated to be the father in a paternity proceeding under ch. 767 or by final order
16or judgment of a court of competent jurisdiction in another state or has been
17determined to be the father under s. 767.62 (1) or a substantially similar law of
18another state
.
AB651-ASA2, s. 497 19Section 497. 885.01 (5) of the statutes is created to read:
AB651-ASA2,229,2220 885.01 (5) By the department of workforce development or a county child
21support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22,
2249.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.
AB651-ASA2, s. 498 23Section 498. 891.39 (1) (a) of the statutes is amended to read:
AB651-ASA2,230,1124 891.39 (1) (a) Whenever it is established in an action or proceeding that a child
25was born to a woman while she was the lawful wife of a specified man, any party

1asserting in such action or proceeding that the husband was not the father of the
2child shall have the burden of proving that assertion by a clear and satisfactory
3preponderance of the evidence. In all such actions or proceedings the husband and
4the wife are competent to testify as witnesses to the facts. The court or judge in such
5cases shall appoint a guardian ad litem to appear for and represent the child whose
6paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m),
7showing that a man other than the husband is not excluded as the father of the child
8and that the statistical probability of the man's parentage is 99.0% or higher
9constitute a clear and satisfactory preponderance of the evidence of the assertion
10under this paragraph, even if the husband is unavailable to submit to genetic tests,
11as defined in s. 767.001 (1m).
AB651-ASA2, s. 499 12Section 499. 891.405 of the statutes is amended to read:
AB651-ASA2,230,16 13891.405 Presumption of paternity based on acknowledgment. A man
14is presumed to be the natural father of a child if he and the mother have
15acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed
16to be the father under s. 891.41 (1).
AB651-ASA2, s. 500 17Section 500. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1)
18(b), as renumbered, is amended to read:
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