AB133-SSA1-SA1,452,176 767.303 (1) If a person fails to pay a payment ordered for support under s.
7767.077, support under s. 767.08, child support or family support under s. 767.23,
8child support under s. 767.25, family support under s. 767.261, revised child or
9family support under s. 767.32, child support under s. 767.458 (3), child support
10under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a),
11child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
12or more days past due and the court finds that the person has the ability to pay the
13amount ordered, the court may suspend the person's operating privilege, as defined
14in s. 340.01 (40), until the person pays all arrearages in full or makes payment
15arrangements that are satisfactory to the court, except that the suspension period
16may not exceed 2 years. If otherwise eligible, the person is eligible for an
17occupational license under s. 343.10 at any time.
AB133-SSA1-SA1, s. 3065ch 18Section 3065ch. 767.32 (1) (b) 4. of the statutes is amended to read:
AB133-SSA1-SA1,452,2519 767.32 (1) (b) 4. A difference between the amount of child support ordered by
20the court to be paid by the payer and the amount that the payer would have been
21required to pay based on the percentage standard established by the department
22under s. 49.22 (9) if the court did not use the percentage standard in determining the
23child support payments and did not provide the information required under s. 46.10
24(14) (d), 301.12 (14) (d), or 767.25 (1n) , 767.51 (5d) or 767.62 (4) (f), whichever is
25appropriate.
AB133-SSA1-SA1, s. 3065ci
1Section 3065ci. 767.32 (2m) of the statutes is amended to read:
AB133-SSA1-SA1,453,62 767.32 (2m) Upon request by a party, the court may modify the amount of
3revised child support payments determined under sub. (2) if, after considering the
4factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court
5finds, by the greater weight of the credible evidence, that the use of the percentage
6standard is unfair to the child or to any of the parties.
AB133-SSA1-SA1, s. 3065cj 7Section 3065cj. 767.325 (2m) of the statutes is created to read:
AB133-SSA1-SA1,453,148 767.325 (2m) Modification of periods of physical placement for failure to
9exercise physical placement
. Notwithstanding subs. (1) and (2), upon petition,
10motion or order to show cause by a party, a court may modify an order of physical
11placement at any time with respect to periods of physical placement if it finds that
12a parent has repeatedly and unreasonably failed to exercise periods of physical
13placement awarded under an order of physical placement that allocates specific
14times for the exercise of periods of physical placement.
AB133-SSA1-SA1, s. 3065ck 15Section 3065ck. 767.325 (5m) of the statutes is created to read:
AB133-SSA1-SA1,453,1816 767.325 (5m) Factors to consider. In all actions to modify legal custody or
17physical placement orders, the court shall consider the factors under s. 767.24 (5) and
18shall make its determination in a manner consistent with s. 767.24.
AB133-SSA1-SA1, s. 3065cL 19Section 3065cL. 767.325 (6m) of the statutes is created to read:
AB133-SSA1-SA1,453,2320 767.325 (6m) Parenting plan. In any action to modify a legal custody or
21physical placement order under sub. (1), the court may require the party seeking the
22modification to file with the court a parenting plan under s. 767.24 (1m) before any
23hearing is held.
AB133-SSA1-SA1, s. 3065cm 24Section 3065cm. 767.327 (4) of the statutes is amended to read:
AB133-SSA1-SA1,454,3
1767.327 (4) Guardian ad litem; prompt hearing. After a petition, motion or
2order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem,
3unless s. 767.045 (1) (am) applies,
and shall hold a hearing as soon as possible.
AB133-SSA1-SA1, s. 3065cn 4Section 3065cn. 767.327 (5m) of the statutes is created to read:
AB133-SSA1-SA1,454,75 767.327 (5m) Discretionary factors to consider. In making a determination
6under sub. (3), the court may consider the child's adjustment to the home, school,
7religion and community.
AB133-SSA1-SA1, s. 3065co 8Section 3065co. 767.45 (7) of the statutes is amended to read:
AB133-SSA1-SA1,454,139 767.45 (7) The clerk of court shall provide without charge, to each person
10bringing an action under this section, except to the state under sub. (1) (g) or (6m),
11a document setting forth the percentage standard established by the department
12under s. 49.22 (9) and listing the factors which a court may consider under s. 767.51
13(5)
767.25 (1m).
AB133-SSA1-SA1, s. 3065cp 14Section 3065cp. 767.455 (6) of the statutes is amended to read:
AB133-SSA1-SA1,454,1815 767.455 (6) Document. The summons served on the respondent shall be
16accompanied by a document, provided without charge by the clerk of court, setting
17forth the percentage standard established by the department under s. 49.22 (9) and
18listing the factors which a court may consider under s. 767.51 (5) 767.25 (1m).
AB133-SSA1-SA1, s. 3065cq 19Section 3065cq. 767.477 (1) of the statutes is amended to read:
AB133-SSA1-SA1,455,220 767.477 (1) At any time during the pendency of an action to establish the
21paternity of a child, if genetic tests show that the alleged father is not excluded and
22that the statistical probability of the alleged father's parentage is 99.0% or higher,
23on the motion of a party, the court shall make an appropriate temporary order orders
24for the payment of child support and may make a temporary order, assigning

1responsibility for and directing the manner of payment of the child's health care
2expenses and for the custody and physical placement of the child.
AB133-SSA1-SA1, s. 3065cr 3Section 3065cr. 767.477 (2) of the statutes is amended to read:
AB133-SSA1-SA1,455,94 767.477 (2) Before making any temporary order under sub. (1), the court shall
5consider those factors that the court is required under s. 767.51 to consider when
6granting a final judgment on the same subject matter. If the court makes a
7temporary child support order that deviates from the amount of support that would
8be required by using the percentage standard established by the department under
9s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).
AB133-SSA1-SA1, s. 3065cs 10Section 3065cs. 767.51 (3) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,455,1211 767.51 (3) A judgment or order determining paternity shall contain all of the
12following provisions:
AB133-SSA1-SA1,455,1313 (a) An adjudication of the paternity of the child.
AB133-SSA1-SA1,455,1514 (b) Orders for the legal custody of and periods of physical placement with the
15child, determined in accordance with s. 767.24.
AB133-SSA1-SA1,455,2016 (c) An order requiring either or both of the parents to contribute to the support
17of any child of the parties who is less than 18 years old, or any child of the parties who
18is less than 19 years old if the child is pursuing an accredited course of instruction
19leading to the acquisition of a high school diploma or its equivalent, determined in
20accordance with s. 767.25.
AB133-SSA1-SA1,455,2321 (d) A determination as to which parent, if eligible, shall have the right to claim
22the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or
23as an exemption for state tax purposes under s. 71.07 (8) (b).
AB133-SSA1-SA1,456,3
1(e) An order requiring either or both parties to pay or contribute to the
2reasonable expenses of the pregnancy and the child's birth, based on the parties'
3ability to pay or contribute to those expenses.
AB133-SSA1-SA1,456,54 (f) An order requiring either or both parties to pay or contribute to the costs of
5the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.
AB133-SSA1-SA1,456,76 (g) An order requiring either party to pay or contribute to the attorney fees of
7the other party.
AB133-SSA1-SA1, s. 3065ct 8Section 3065ct. 767.51 (3m) of the statutes, as affected by 1997 Wisconsin Act
927
, is repealed.
AB133-SSA1-SA1, s. 3065cu 10Section 3065cu. 767.51 (3r) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cv 11Section 3065cv. 767.51 (4) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,456,1512 767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be
13limited to support for the period after the day on which the action is commenced
14under s. 767.45, unless a party shows, to the satisfaction of the court, all of the
15following:
AB133-SSA1-SA1,456,1716 1. That he or she was induced to delay commencing the action by any of the
17following:
AB133-SSA1-SA1,456,1818 a. Duress or threats.
AB133-SSA1-SA1,456,2019 b. Actions, promises or representations by the other party upon which the party
20relied.
AB133-SSA1-SA1,456,2121 c. Actions taken by the other party to evade paternity proceedings.
AB133-SSA1-SA1,456,2322 2. That, after the inducement ceased to operate, he or she did not unreasonably
23delay in commencing the action.
AB133-SSA1-SA1,456,2524 (b) In no event may liability for past support of the child be imposed for any
25period before the birth of the child.
AB133-SSA1-SA1, s. 3065cw
1Section 3065cw. 767.51 (4g) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cx 2Section 3065cx. 767.51 (4m) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065cy 3Section 3065cy. 767.51 (5) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065d 4Section 3065d. 767.51 (5d) of the statutes is repealed.
AB133-SSA1-SA1, s. 3065dd 5Section 3065dd. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act
6191
, is repealed.
AB133-SSA1-SA1, s. 3065de 7Section 3065de. 767.53 (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,457,11 8767.53 Paternity hearings and records; confidentiality. (intro.) Any
9hearing, discovery proceeding or trial relating to paternity determination shall be
10closed to any person other than those necessary to the action or proceeding. Any
11record of the pending proceedings shall be placed in a closed file, except that:
AB133-SSA1-SA1, s. 3065df 12Section 3065df. 767.53 (1) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,457,1413 767.53 (1) (intro.) Access to the record of any pending or past proceeding
14involving the paternity of the same child shall be allowed to all of the following:
AB133-SSA1-SA1, s. 3065dg 15Section 3065dg. 767.53 (3) of the statutes is created to read:
AB133-SSA1-SA1,457,1716 767.53 (3) Subject to s. 767.19, the records of any past proceeding in which
17paternity was established are open to public inspection.
AB133-SSA1-SA1, s. 3065dh 18Section 3065dh. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act
19191
, is repealed and recreated to read:
AB133-SSA1-SA1,457,2320 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3)
21(a), if the persons who signed and filed the statement acknowledging paternity as
22parents of the child had notice of the hearing, the court or family court commissioner
23shall make an order that contains all of the following provisions:
AB133-SSA1-SA1,457,2524 (a) Orders for the legal custody of and periods of physical placement with the
25child, determined in accordance with s. 767.24.
AB133-SSA1-SA1,458,5
1(b) An order requiring either or both of the parents to contribute to the support
2of any child of the parties who is less than 18 years old, or any child of the parties who
3is less than 19 years old if the child is pursuing an accredited course of instruction
4leading to the acquisition of a high school diploma or its equivalent, determined in
5accordance with s. 767.25.
AB133-SSA1-SA1,458,86 (c) A determination as to which parent, if eligible, shall have the right to claim
7the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or
8as an exemption for state tax purposes under s. 71.07 (8) (b).
AB133-SSA1-SA1,458,119 (d) An order requiring either or both parties to pay or contribute to the
10reasonable expenses of the pregnancy and the child's birth, based on the parties'
11ability to pay or contribute to those expenses.
AB133-SSA1-SA1,458,1312 (e) An order requiring either or both parties to pay or contribute to the costs
13of the guardian ad litem fees and other costs.
AB133-SSA1-SA1,458,1514 (f) An order requiring either party to pay or contribute to the attorney fees of
15the other party.
AB133-SSA1-SA1, s. 3065di 16Section 3065di. 767.62 (4m) of the statutes is created to read:
AB133-SSA1-SA1,458,2017 767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past
18support of the child shall be limited to support for the period after the day on which
19the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction
20of the court, all of the following:
AB133-SSA1-SA1,458,2221 1. That he or she was induced to delay commencing the action by any of the
22following:
AB133-SSA1-SA1,458,2323 a. Duress or threats.
AB133-SSA1-SA1,458,2524 b. Actions, promises or representations by the other party upon which the party
25relied.
AB133-SSA1-SA1,459,1
1c. Actions taken by the other party to evade proceedings under sub. (3) (a).
AB133-SSA1-SA1,459,32 2. That, after the inducement ceased to operate, he or she did not unreasonably
3delay in commencing the action.
AB133-SSA1-SA1,459,54 (b) In no event may liability for past support of the child be imposed for any
5period before the birth of the child.".
AB133-SSA1-SA1,459,6 61087. Page 1420, line 3: after that line insert:
AB133-SSA1-SA1,459,7 7" Section 3073m. 800.01 (2) (a) of the statutes is amended to read:
AB133-SSA1-SA1,459,108 800.01 (2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or
9968.04 (3) (b) 2. or by personal service by a municipal employe an adult who is a
10resident of the state where the service is made but who is not a party to the action
.".
AB133-SSA1-SA1,459,11 111088. Page 1421, line 6: after that line insert:
AB133-SSA1-SA1,459,12 12" Section 3076m. 800.02 (4) (a) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,459,1513 800.02 (4) (a) (intro.) The summons shall be signed by a municipal judge or by
14the attorney who is prosecuting the case in municipal court
and shall contain the
15following information:".
AB133-SSA1-SA1,459,16 161089. Page 1422, line 17: after that line insert:
AB133-SSA1-SA1,459,17 17" Section 3078g. 800.04 (5) of the statutes is created to read:
AB133-SSA1-SA1,460,818 800.04 (5) Unless good cause to the contrary is shown, appearances referred
19to in this section may be conducted by telephone or by interactive video and audio
20transmission, if available. If testimony is to be taken under oath, the proceeding
21shall be reported by a court reporter who is in simultaneous voice communication
22with all parties to the proceeding. Regardless of the physical location of any party
23to the call, any plea, waiver, stipulation, motion, objection, decision, order or other
24action taken by the court or any party shall have the same effect as if made in open

1court. With the exceptions of scheduling conferences, pretrial conferences, and,
2during hours the court is not in session, the proceeding shall be conducted in a
3courtroom or other place reasonably accessible to the public. Simultaneous access
4to the proceeding shall be provided to persons entitled to attend by means of a
5loudspeaker or, upon request to the court, by making a person party to the telephone
6call without charge. The court may permit a hearing under this section to be
7conducted by telephone or by interactive video and audio transmission only if the
8defendant consents. The defendant's consent may be made by telephone.".
AB133-SSA1-SA1,460,9 91090. Page 1423, line 17: after that line insert:
AB133-SSA1-SA1,460,10 10" Section 3080mg. 800.09 (1) (c) of the statutes is amended to read:
AB133-SSA1-SA1,460,2111 800.09 (1) (c) The court may suspend the defendant's operating privilege, as
12defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
13and costs are paid, if the defendant has not done so within 60 days after the date the
14restitution or payments or both are to be made under par. (a) and has not notified the
15court that he or she is unable to comply with the judgment, as provided under s.
16800.095 (4) (a), except that the suspension period may not exceed 5 years. The court
17shall take possession of the suspended license and shall forward the license, along
18with a notice of the suspension clearly stating that the suspension is for failure to
19comply with a judgment of the court, to the department of transportation. This
20paragraph does not apply if the forfeiture is assessed for violation of an ordinance
21that is unrelated to the violator's operation of a motor vehicle.
".
AB133-SSA1-SA1,460,22 221091. Page 1424, line 9: after that line insert:
AB133-SSA1-SA1,460,23 23" Section 3083m. 800.095 (4) (b) 4. of the statutes is amended to read:
AB133-SSA1-SA1,461,5
1800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s.
2340.01 (40), be suspended until the judgment is complied with, except that the
3suspension period may not exceed 5 years. This subdivision does not apply if the
4forfeiture is assessed for violation of an ordinance that is unrelated to the violator's
5operation of a motor vehicle.
".
AB133-SSA1-SA1,461,6 61092. Page 1425, line 7: after that line insert:
AB133-SSA1-SA1,461,7 7" Section 3085c. 802.12 (3) (d) 1. of the statutes is amended to read:
AB133-SSA1-SA1,461,98 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
9767.51 (3) or 767.62 (4) (a).
AB133-SSA1-SA1, s. 3085d 10Section 3085d. 802.12 (3) (d) 3. of the statutes is amended to read:
AB133-SSA1-SA1,461,1211 802.12 (3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62
12(4) (a).".
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