AB1067: Bill Text

AB1067, s. 159 Section 159. 71.80 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,8 71.80 (3) Crediting of overpayments on individual or separate returns. In the case of any overpayment, refundable credit or refund on an individual or separate return, the department of revenue, within the applicable period of limitations, may credit the amount of overpayment, refundable credit or refund including any interest allowed, against any liability in respect to any tax collected by the department, a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 on the part of the person who made the overpayment or received the refundable credit or the refund and shall refund any balance to the person. The department shall presume that the overpayment, refundable credit or refund is nonmarital property of the filer. Within 2 years after the crediting, the spouse or former spouse of the person filing the return may file a claim for a refund of amounts credited by the department if the spouse or former spouse shows by clear and convincing evidence that all or part of the state tax overpayment, refundable credit or refund was nonmarital property of the nonobligated spouse.

AB1067, s. 160 Section 160. 71.80 (3m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,16 71.80 (3m) (a) Against any liability of either spouse or both spouses in respect to an amount owed the department, a certification under s. 46.255 49.855 that is subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55 (2) (b) and that was incurred during marriage by a spouse after December 31, 1985, or after both spouses are domiciled in this state, whichever is later, except as provided in s. 71.10 (6) (a) and (b) and (6m).

AB1067, s. 161 Section 161. 71.80 (3m) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,20 71.80 (3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).

AB1067, s. 162 Section 162. 71.88 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,47,7 71.88 (1) (a) Contested assessments and claims for refund. Except for refunds set off under s. 71.93 in respect to which appeal is to the agency to which the debt is owed, except for refunds set off under s. 71.935 in respect to which an appeal is held under procedures that the department of revenue establishes and except for refunds set off under s. 46.255 49.855 in respect to which a hearing is held before the circuit court, any person feeling aggrieved by a notice of additional assessment, refund, or notice of denial of refund may, within 60 days after receipt of the notice, petition the department of revenue for redetermination. A petition or an appeal by one spouse is a petition or an appeal by both spouses. The department shall make a redetermination on the petition within 6 months after it is filed.

AB1067, s. 163 Section 163. 71.93 (1) (a) 2. of the statutes is amended to read:

AB1067,47,12 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that has been reduced to a judgment and has been submitted by an agency of another state to the department of health and social services industry, labor and job development for certification under this section.

AB1067, s. 164 Section 164. 77.59 (5) of the statutes is amended to read:

AB1067,47,21 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person claiming the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 46.255 49.855 and 71.93 (3), (6) and (7).

AB1067, s. 165 Section 165. 101.123 (1) (ad) of the statutes is amended to read:

AB1067,47,24 101.123 (1) (ad) "Day care center" has the meaning given in s. 46.986 49.136 (1) (d).

AB1067, s. 166 Section 166. 103.005 (18) of the statutes is created to read:

AB1067,48,3 103.005 (18) The department shall administer the child support and paternity establishment programs under subch. III of ch. 49, as well as perform other functions related to child support that are specified in ch. 49.

AB1067, s. 167 Section 167. 108.13 (4) (b) of the statutes is amended to read:

AB1067,48,12 108.13 (4) (b) A claimant filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the department of industry, labor and human relations shall, upon request of the department of health and social services, notify the state or local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation.

AB1067, s. 168 Section 168. 108.13 (4) (f) of the statutes is amended to read:

AB1067,48,18 108.13 (4) (f) This subsection applies only if appropriate arrangements are made for the state or local child support enforcement agency to reimburse the department for administrative costs incurred by the department that are attributable to the interception of unemployment compensation for child support obligations.

AB1067, s. 169 Section 169. 119.72 (2) (a) of the statutes is amended to read:

AB1067,48,21 119.72 (2) (a) Children with a parent eligible for day care funds under s. 46.98 49.132 (4) (a) 1. to 3.

AB1067, s. 170 Section 170. 119.72 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,48,25 119.72 (2) (b) Children with a parent in need of child care services funded under s. 46.40 (2) 49.132.

AB1067, s. 171 Section 171. 144.25 (8) (L) of the statutes is amended to read:

AB1067,49,5 144.25 (8) (L) A grant may not be made to an individual if the department receives a certification under s. 46.255 49.855 (7) that the individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 172 Section 172. 145.245 (5m) (b) of the statutes is amended to read:

AB1067,49,14 145.245 (5m) (b) The department shall notify a governmental unit if it receives a certification under s. 46.255 49.855 (7) that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. The department or a governmental unit shall deny an application under this section if the department receives a certification under s. 46.255 49.855 (7) that the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 173 Section 173. 234.04 (2) of the statutes is amended to read:

AB1067,50,3 234.04 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans to persons and families of low and moderate income, an applicant under s. 234.59 or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

AB1067, s. 174 Section 174. 234.49 (1) (c) of the statutes is amended to read:

AB1067,50,8 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of health and social services industry, labor and job development under s. 46.255 49.855 (7) or a family who or which falls within the income limits specified in par. (f).

AB1067, s. 175 Section 175. 234.59 (3) (c) of the statutes is amended to read:

AB1067,50,14 234.59 (3) (c) The authority shall notify an eligible lender if it receives a certification under s. 46.255 49.855 (7) that a person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. An eligible lender may not make a loan to an applicant if it receives notification under this paragraph concerning the applicant.

AB1067, s. 176 Section 176. 234.65 (3) (f) of the statutes is amended to read:

AB1067,50,18 234.65 (3) (f) The authority has not received a certification under s. 46.255 49.855 (7) that the person receiving the loan is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 177 Section 177. 234.90 (3) (d) of the statutes is amended to read:

AB1067,50,22 234.90 (3) (d) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 178 Section 178. 234.90 (3g) (c) of the statutes is amended to read:

AB1067,51,3 234.90 (3g) (c) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 179 Section 179. 234.905 (3) (d) of the statutes is amended to read:

AB1067,51,7 234.905 (3) (d) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 180 Section 180. 560.14 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,51,12 560.14 (1) (a) 2. The state median income as determined by the department of health and family services industry, labor and job development under s. 46.98 49.132 (4) (a) 3.

AB1067, s. 181 Section 181. 565.30 (5) of the statutes is amended to read:

AB1067,52,11 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 to the department of revenue to determine whether the payee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of health and social services industry, labor and job development under s. 46.255 49.855 (2) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee.

AB1067, s. 182 Section 182. 565.30 (5m) of the statutes is amended to read:

AB1067,52,25 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of health and social services industry, labor and job development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of health and social services industry, labor and job development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3), 767.65 (24) [ch. 769] or 948.22 (7) and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of health and social services industry, labor and job development.

AB1067, s. 183 Section 183. 767.001 (1d) of the statutes is created to read:

AB1067,53,3 767.001 (1d) "Department" means the department of industry, labor and job development.

AB1067, s. 184 Section 184. 767.02 (3) of the statutes is repealed.

AB1067, s. 185 Section 185. 767.045 (1) (c) 1. of the statutes is amended to read:

AB1067,53,8 767.045 (1) (c) 1. Aid is provided under s. 49.19 or 49.45 on behalf of the child, but the state and its delegate under s. 46.25 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB1067, s. 186 Section 186. 767.045 (1) (c) 2. of the statutes is amended to read:

AB1067,53,13 767.045 (1) (c) 2. An application for legal services has been filed with the child support program under s. 46.25 49.22 on behalf of the child, but the state and its delegate under s. 46.25 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB1067, s. 187 Section 187. 767.075 (1) (a) of the statutes is amended to read:

AB1067,53,17 767.075 (1) (a) An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.22 or whenever s. 767.45 (6m) applies.

AB1067, s. 188 Section 188. 767.075 (1) (b) of the statutes is amended to read:

AB1067,53,21 767.075 (1) (b) An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.22.

AB1067, s. 189 Section 189. 767.075 (2) (a) of the statutes is amended to read:

AB1067,54,2 767.075 (2) (a) Except as provided in par. (b), in any action affecting the family under a child support enforcement program, an attorney acting under s. 46.25 49.22 or 59.07 (97), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in sub. (1) do not create an attorney-client relationship with any other party.

AB1067, s. 190 Section 190. 767.075 (2) (b) of the statutes is amended to read:

AB1067,54,7 767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed by the department of health and social services under s. 46.25 49.22 or a county under s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

AB1067, s. 191 Section 191. 767.077 (intro.) of the statutes is amended to read:

AB1067,54,13 767.077 Support for dependent child. (intro.) The state or its delegate under s. 46.25 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 49.19 (4) (h) 1. b. if all of the following apply:

AB1067, s. 192 Section 192. 767.078 (1) (d) 1. c. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,54,19 767.078 (1) (d) 1. c. The parent who is absent from the home works, on average, less than 32 hours per week and is not participating in an employment training program that meets criteria established by the department of industry, labor and human relations.

AB1067, s. 193 Section 193. 767.078 (1) (d) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,54,23 767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of industry, labor and human relations conducts the program under s. 49.25.

AB1067, s. 194 Section 194. 767.08 (3) of the statutes is amended to read:

AB1067,55,10 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee under s. 59.07 (97) or the state department of health and social services is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB1067, s. 195 Section 195. 767.085 (1) (g) of the statutes is repealed.

AB1067, s. 196 Section 196. 767.085 (2) (b) of the statutes is amended to read:

AB1067,55,16 767.085 (2) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB1067, s. 197 Section 197. 767.085 (2m) (a) 2. of the statutes is amended to read:

AB1067,55,21 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 49.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB1067, s. 198 Section 198. 767.085 (5) of the statutes is repealed.

AB1067, s. 199 Section 199. 767.13 (7) of the statutes is amended to read:

AB1067,56,3 767.13 (7) Cooperation. Each family court commissioner shall cooperate with the county and the department of health and social services to ensure that all dependent children receive reasonable and necessary child support.

AB1067, s. 200 Section 200. 767.15 (2) of the statutes is amended to read:

AB1067,56,8 767.15 (2) In any appeal of any action affecting the family in which support or maintenance of a child of any party is at issue, the person who initiates the appeal shall notify the department of health and social services of the appeal by sending a copy of the notice of appeal to the department.

AB1067, s. 201 Section 201. 767.23 (1n) of the statutes is amended to read:

AB1067,56,20 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner 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 of health and social services under s. 46.25 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB1067, s. 202 Section 202. 767.25 (1g) of the statutes is amended to read:

AB1067,56,25 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.22 (2m).

AB1067, s. 203 Section 203. 767.25 (1j) of the statutes is amended to read:

AB1067,57,4 767.25 (1j) Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.22 (9).

AB1067, s. 204 Section 204. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB1067,57,8 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).