Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,723,14 767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement that allocates specific times for the exercise of periods of physical placement.

AB133-ASA1-CA1, s. 3065ck Section 3065ck. 767.325 (5m) of the statutes is created to read:

AB133-ASA1-CA1,723,18 767.325 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) and shall make its determination in a manner consistent with s. 767.24.

AB133-ASA1-CA1, s. 3065cL Section 3065cL. 767.325 (6m) of the statutes is created to read:

AB133-ASA1-CA1,723,23 767.325 (6m) Parenting plan. In any action to modify a legal custody or physical placement order under sub. (1), the court may require the party seeking the modification to file with the court a parenting plan under s. 767.24 (1m) before any hearing is held.

AB133-ASA1-CA1, s. 3065cm Section 3065cm. 767.327 (4) of the statutes is amended to read:

AB133-ASA1-CA1,724,3 767.327 (4) Guardian ad litem; prompt hearing. After a petition, motion or order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem, unless s. 767.045 (1) (am) applies, and shall hold a hearing as soon as possible.

AB133-ASA1-CA1, s. 3065cn Section 3065cn. 767.327 (5m) of the statutes is created to read:

AB133-ASA1-CA1,724,7 767.327 (5m) Discretionary factors to consider. In making a determination under sub. (3), the court may consider the child's adjustment to the home, school, religion and community.

AB133-ASA1-CA1, s. 3065co Section 3065co. 767.45 (7) of the statutes is amended to read:

AB133-ASA1-CA1,724,13 767.45 (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 under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).

AB133-ASA1-CA1, s. 3065cp Section 3065cp. 767.455 (6) of the statutes is amended to read:

AB133-ASA1-CA1,724,18 767.455 (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 under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).

AB133-ASA1-CA1, s. 3065cpm Section 3065cpm. 767.475 (2m) of the statutes is created to read:

AB133-ASA1-CA1,724,21 767.475 (2m) If there is no presumption of paternity under s. 891.41 (1), the mother shall have sole legal custody of the child until the court orders otherwise.

AB133-ASA1-CA1, s. 3065cq Section 3065cq. 767.477 (1) of the statutes is amended to read:

AB133-ASA1-CA1,725,4 767.477 (1) At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, on the motion of a party, the court shall make an appropriate temporary order orders for the payment of child support and may make a temporary order, assigning responsibility for and directing the manner of payment of the child's health care expenses and for the custody and physical placement of the child.

AB133-ASA1-CA1, s. 3065cr Section 3065cr. 767.477 (2) of the statutes is amended to read:

AB133-ASA1-CA1,725,11 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).

AB133-ASA1-CA1, s. 3065cs Section 3065cs. 767.51 (3) of the statutes is repealed and recreated to read:

AB133-ASA1-CA1,725,14 767.51 (3) A judgment or order determining paternity shall contain all of the following provisions:

AB133-ASA1-CA1,725,15 (a) An adjudication of the paternity of the child.

AB133-ASA1-CA1,725,17 (b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB133-ASA1-CA1,725,22 (c) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB133-ASA1-CA1,725,25 (d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB133-ASA1-CA1,726,3 (e) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

AB133-ASA1-CA1,726,5 (f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.

AB133-ASA1-CA1,726,7 (g) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB133-ASA1-CA1, s. 3065ct Section 3065ct. 767.51 (3m) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-ASA1-CA1, s. 3065cu Section 3065cu. 767.51 (3r) of the statutes is repealed.

AB133-ASA1-CA1, s. 3065cv Section 3065cv. 767.51 (4) of the statutes is repealed and recreated to read:

AB133-ASA1-CA1,726,15 767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition in the action under s. 767.45 is filed, unless a party shows, to the satisfaction of the court, all of the following:

AB133-ASA1-CA1,726,17 1. That he or she was induced to delay commencing the action by any of the following:

AB133-ASA1-CA1,726,18 a. Duress or threats.

AB133-ASA1-CA1,726,20 b. Actions, promises or representations by the other party upon which the party relied.

AB133-ASA1-CA1,726,21 c. Actions taken by the other party to evade paternity proceedings.

AB133-ASA1-CA1,726,23 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB133-ASA1-CA1,726,25 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB133-ASA1-CA1, s. 3065cw Section 3065cw. 767.51 (4g) of the statutes is repealed.

AB133-ASA1-CA1, s. 3065cx Section 3065cx. 767.51 (4m) of the statutes is repealed.

AB133-ASA1-CA1, s. 3065cy Section 3065cy. 767.51 (5) of the statutes is repealed.

AB133-ASA1-CA1, s. 3065d Section 3065d. 767.51 (5d) of the statutes is repealed.

AB133-ASA1-CA1, s. 3065dd Section 3065dd. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed.

AB133-ASA1-CA1, s. 3065de Section 3065de. 767.53 (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,727,11 767.53 Paternity hearings and records; confidentiality. (intro.) Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of the pending proceedings shall be placed in a closed file, except that:

AB133-ASA1-CA1, s. 3065df Section 3065df. 767.53 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,727,14 767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to all of the following:

AB133-ASA1-CA1, s. 3065dg Section 3065dg. 767.53 (3) of the statutes is created to read:

AB133-ASA1-CA1,727,17 767.53 (3) Subject to s. 767.19, a record of a past proceeding is open to public inspection if all of the following apply:

AB133-ASA1-CA1,727,18 (a) Paternity was established in the proceeding.

AB133-ASA1-CA1,727,20 (b) The record is filed after the effective date of this paragraph .... [revisor inserts date].

AB133-ASA1-CA1,727,21 (c) The record relates to a post-adjudication issue.

AB133-ASA1-CA1, s. 3065dh Section 3065dh. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB133-ASA1-CA1,728,2 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:

AB133-ASA1-CA1,728,4 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB133-ASA1-CA1,728,9 (b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB133-ASA1-CA1,728,12 (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB133-ASA1-CA1,728,15 (d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

AB133-ASA1-CA1,728,17 (e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

AB133-ASA1-CA1,728,19 (f) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB133-ASA1-CA1, s. 3065di Section 3065di. 767.62 (4m) of the statutes is created to read:

AB133-ASA1-CA1,728,25 767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:

AB133-ASA1-CA1,729,2 1. That he or she was induced to delay commencing the action by any of the following:

AB133-ASA1-CA1,729,3 a. Duress or threats.

AB133-ASA1-CA1,729,5 b. Actions, promises or representations by the other party upon which the party relied.

AB133-ASA1-CA1,729,6 c. Actions taken by the other party to evade proceedings under sub. (3) (a).

AB133-ASA1-CA1,729,8 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB133-ASA1-CA1,729,10 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.".

AB133-ASA1-CA1,729,11 1501. Page 1419, line 18: after that line insert:

AB133-ASA1-CA1,729,12 " Section 3072g. 778.25 (1) (a) 4. of the statutes is repealed.".

AB133-ASA1-CA1,729,13 1502. Page 1420, line 3: after that line insert:

AB133-ASA1-CA1,729,14 " Section 3073m. 800.01 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,729,17 800.01 (2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or 968.04 (3) (b) 2. or by personal service by a municipal employe an adult who is a resident of the state where the service is made but who is not a party to the action.".

AB133-ASA1-CA1,729,18 1503. Page 1421, line 6: after that line insert:

AB133-ASA1-CA1,729,19 " Section 3076m. 800.02 (4) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,729,22 800.02 (4) (a) (intro.) The summons shall be signed by a municipal judge or by the attorney who is prosecuting the case in municipal court and shall contain the following information:".

AB133-ASA1-CA1,729,23 1504. Page 1422, line 17: after that line insert:

AB133-ASA1-CA1,729,24 " Section 3078g. 800.04 (5) of the statutes is created to read:

AB133-ASA1-CA1,730,15 800.04 (5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.".

AB133-ASA1-CA1,730,16 1505. Page 1423, line 17: after that line insert:

AB133-ASA1-CA1,730,17 " Section 3080mg. 800.09 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,731,4 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 5 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.".

AB133-ASA1-CA1,731,5 1506. Page 1424, line 9: after that line insert:

AB133-ASA1-CA1,731,6 " Section 3083m. 800.095 (4) (b) 4. of the statutes is amended to read:

AB133-ASA1-CA1,731,11 800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 5 years. This subdivision does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.".

AB133-ASA1-CA1,731,12 1507. Page 1425, line 7: after that line insert:

AB133-ASA1-CA1,731,13 " Section 3085c. 802.12 (3) (d) 1. of the statutes is amended to read:

AB133-ASA1-CA1,731,15 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

AB133-ASA1-CA1, s. 3085d Section 3085d. 802.12 (3) (d) 3. of the statutes is amended to read: