AB1067, s. 159 18Section 159. 71.80 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
19is amended to read:
AB1067,46,820 71.80 (3) Crediting of overpayments on individual or separate returns. In
21the case of any overpayment, refundable credit or refund on an individual or separate
22return, the department of revenue, within the applicable period of limitations, may
23credit the amount of overpayment, refundable credit or refund including any interest
24allowed, against any liability in respect to any tax collected by the department, a debt
25under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 on the part of the

1person who made the overpayment or received the refundable credit or the refund
2and shall refund any balance to the person. The department shall presume that the
3overpayment, refundable credit or refund is nonmarital property of the filer. Within
42 years after the crediting, the spouse or former spouse of the person filing the return
5may file a claim for a refund of amounts credited by the department if the spouse or
6former spouse shows by clear and convincing evidence that all or part of the state tax
7overpayment, refundable credit or refund was nonmarital property of the
8nonobligated spouse.
AB1067, s. 160 9Section 160. 71.80 (3m) (a) of the statutes, as affected by 1995 Wisconsin Act
1027
, is amended to read:
AB1067,46,1611 71.80 (3m) (a) Against any liability of either spouse or both spouses in respect
12to an amount owed the department, a certification under s. 46.255 49.855 that is
13subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55
14(2) (b) and that was incurred during marriage by a spouse after December 31, 1985,
15or after both spouses are domiciled in this state, whichever is later, except as
16provided in s. 71.10 (6) (a) and (b) and (6m).
AB1067, s. 161 17Section 161. 71.80 (3m) (b) 2. of the statutes, as affected by 1995 Wisconsin
18Act 27
, is amended to read:
AB1067,46,2019 71.80 (3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification
20under s. 46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).
AB1067, s. 162 21Section 162. 71.88 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
22is amended to read:
AB1067,47,723 71.88 (1) (a) Contested assessments and claims for refund. Except for refunds
24set off under s. 71.93 in respect to which appeal is to the agency to which the debt is
25owed, except for refunds set off under s. 71.935 in respect to which an appeal is held

1under procedures that the department of revenue establishes and except for refunds
2set off under s. 46.255 49.855 in respect to which a hearing is held before the circuit
3court, any person feeling aggrieved by a notice of additional assessment, refund, or
4notice of denial of refund may, within 60 days after receipt of the notice, petition the
5department of revenue for redetermination. A petition or an appeal by one spouse
6is a petition or an appeal by both spouses. The department shall make a
7redetermination on the petition within 6 months after it is filed.
AB1067, s. 163 8Section 163. 71.93 (1) (a) 2. of the statutes is amended to read:
AB1067,47,129 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that
10has been reduced to a judgment and has been submitted by an agency of another
11state to the department of health and social services industry, labor and job
12development
for certification under this section.
AB1067, s. 164 13Section 164. 77.59 (5) of the statutes is amended to read:
AB1067,47,2114 77.59 (5) The department may offset the amount of any refund for a period,
15together with interest on the refund, against deficiencies for another period, and
16against penalties and interest on the deficiencies, or against any amount of whatever
17kind, due and owing on the books of the department from the person claiming the
18refund. If the refund is to be paid to a buyer, the department may also set off amounts
19in the manner in which it sets off income tax and franchise tax refunds under s. 71.93
20and may set off amounts for child support or maintenance or both in the manner in
21which it sets off income taxes under ss. 46.255 49.855 and 71.93 (3), (6) and (7).
AB1067, s. 165 22Section 165. 101.123 (1) (ad) of the statutes is amended to read:
AB1067,47,2423 101.123 (1) (ad) "Day care center" has the meaning given in s. 46.986 49.136
24(1) (d).
AB1067, s. 166 25Section 166. 103.005 (18) of the statutes is created to read:
AB1067,48,3
1103.005 (18) The department shall administer the child support and paternity
2establishment programs under subch. III of ch. 49, as well as perform other functions
3related to child support that are specified in ch. 49.
AB1067, s. 167 4Section 167. 108.13 (4) (b) of the statutes is amended to read:
AB1067,48,125 108.13 (4) (b) A claimant filing a new claim for unemployment compensation
6shall, at the time of filing the claim, disclose whether or not he or she owes child
7support obligations. If any such claimant discloses that he or she owes child support
8obligations and is determined to be eligible for unemployment compensation, the
9department of industry, labor and human relations shall, upon request of the
10department of health and social services,
notify the state or local child support
11enforcement agency enforcing the obligations that the claimant has been determined
12to be eligible for unemployment compensation.
AB1067, s. 168 13Section 168. 108.13 (4) (f) of the statutes is amended to read:
AB1067,48,1814 108.13 (4) (f) This subsection applies only if appropriate arrangements are
15made for the state or local child support enforcement agency to reimburse the
16department for administrative costs incurred by the department that are
17attributable to the interception of unemployment compensation for child support
18obligations.
AB1067, s. 169 19Section 169. 119.72 (2) (a) of the statutes is amended to read:
AB1067,48,2120 119.72 (2) (a) Children with a parent eligible for day care funds under s. 46.98
2149.132 (4) (a) 1. to 3.
AB1067, s. 170 22Section 170. 119.72 (2) (b) of the statutes, as affected by 1995 Wisconsin Act
2327
, is amended to read:
AB1067,48,2524 119.72 (2) (b) Children with a parent in need of child care services funded under
25s. 46.40 (2) 49.132.
AB1067, s. 171
1Section 171. 144.25 (8) (L) of the statutes is amended to read:
AB1067,49,52 144.25 (8) (L) A grant may not be made to an individual if the department
3receives a certification under s. 46.255 49.855 (7) that the individual is delinquent
4in child support or maintenance payments or owes past support, medical expenses
5or birth expenses
.
AB1067, s. 172 6Section 172. 145.245 (5m) (b) of the statutes is amended to read:
AB1067,49,147 145.245 (5m) (b) The department shall notify a governmental unit if it receives
8a certification under s. 46.255 49.855 (7) that an individual is delinquent in child
9support or maintenance payments or owes past support, medical expenses or birth
10expenses
. The department or a governmental unit shall deny an application under
11this section if the department receives a certification under s. 46.255 49.855 (7) that
12the applicant or an individual who would be directly benefited by the grant is
13delinquent in child support or maintenance payments or owes past support, medical
14expenses or birth expenses
.
AB1067, s. 173 15Section 173. 234.04 (2) of the statutes is amended to read:
AB1067,50,316 234.04 (2) The authority may make or participate in the making and enter into
17commitments for the making of long-term mortgage loans to eligible sponsors of
18housing projects for occupancy by persons and families of low and moderate income,
19or for the making of homeownership mortgage loans or housing rehabilitation loans
20to persons and families of low and moderate income, an applicant under s. 234.59 or
21other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon
22the determination by the authority that they are not otherwise available from
23private lenders upon reasonably equivalent terms and conditions. The authority
24may not make a loan to a person if it receives a certification under s. 46.255 49.855
25(7) that the person is delinquent in child support or maintenance payments or owes

1past support, medical expenses or birth expenses
. The authority may employ, for
2such compensation as it determines, the services of any financial institution in
3connection with any loan.
AB1067, s. 174 4Section 174. 234.49 (1) (c) of the statutes is amended to read:
AB1067,50,85 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has
6not received a certification from the department of health and social services
7industry, labor and job development under s. 46.255 49.855 (7) or a family who or
8which falls within the income limits specified in par. (f).
AB1067, s. 175 9Section 175. 234.59 (3) (c) of the statutes is amended to read:
AB1067,50,1410 234.59 (3) (c) The authority shall notify an eligible lender if it receives a
11certification under s. 46.255 49.855 (7) that a person is delinquent in child support
12or maintenance payments or owes past support, medical expenses or birth expenses.
13An eligible lender may not make a loan to an applicant if it receives notification under
14this paragraph concerning the applicant.
AB1067, s. 176 15Section 176. 234.65 (3) (f) of the statutes is amended to read:
AB1067,50,1816 234.65 (3) (f) The authority has not received a certification under s. 46.255
1749.855 (7) that the person receiving the loan is delinquent in child support or
18maintenance payments or owes past support, medical expenses or birth expenses.
AB1067, s. 177 19Section 177. 234.90 (3) (d) of the statutes is amended to read:
AB1067,50,2220 234.90 (3) (d) The authority has not received a certification under s. 46.255
2149.855 (7) that the farmer is delinquent in making child support or maintenance
22payments or owes past support, medical expenses or birth expenses.
AB1067, s. 178 23Section 178. 234.90 (3g) (c) of the statutes is amended to read:
AB1067,51,3
1234.90 (3g) (c) The authority has not received a certification under s. 46.255
249.855 (7) that the farmer is delinquent in making child support or maintenance
3payments or owes past support, medical expenses or birth expenses.
AB1067, s. 179 4Section 179. 234.905 (3) (d) of the statutes is amended to read:
AB1067,51,75 234.905 (3) (d) The authority has not received a certification under s. 46.255
649.855 (7) that the farmer is delinquent in making child support or maintenance
7payments or owes past support, medical expenses or birth expenses.
AB1067, s. 180 8Section 180. 560.14 (1) (a) 2. of the statutes, as affected by 1995 Wisconsin Act
927
, is amended to read:
AB1067,51,1210 560.14 (1) (a) 2. The state median income as determined by the department of
11health and family services industry, labor and job development under s. 46.98 49.132
12(4) (a) 3.
AB1067, s. 181 13Section 181. 565.30 (5) of the statutes is amended to read:
AB1067,52,1114 565.30 (5) Withholding of delinquent state taxes, child support or debts
15owed the state.
The administrator shall report the name, address and social security
16number of each winner of a lottery prize equal to or greater than $1,000 to the
17department of revenue to determine whether the payee of the prize is delinquent in
18the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered
19payment of child support or has a debt owing to the state. Upon receipt of a report
20under this subsection, the department of revenue shall first ascertain based on
21certifications by the department of health and social services industry, labor and job
22development
under s. 46.255 49.855 (2) whether any person named in the report is
23currently delinquent in court-ordered payment of child support and shall next
24certify to the administrator whether any person named in the report is delinquent
25in court-ordered payment of child support or payment of state taxes under ch. 71,

172, 76, 77, 78 or 139. Upon this certification by the department of revenue or upon
2court order the administrator shall withhold the certified amount and send it to the
3department of revenue for remittance to the appropriate agency or person. At the
4time of remittance, the department of revenue shall charge its administrative
5expenses to the state agency that has received the remittance. The administrative
6expenses received by the department of revenue shall be credited to the
7appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is
8delinquent both in payments for state taxes and in court-ordered payments of child
9support, or is delinquent in one or both of these payments and has a debt owing to
10the state, the amount remitted to the appropriate agency or person shall be in
11proportion to the prize amount as is the delinquency or debt owed by the payee.
AB1067, s. 182 12Section 182. 565.30 (5m) of the statutes is amended to read:
AB1067,52,2513 565.30 (5m) Withholding of child support, spousal support, maintenance or
14family support.
The administrator shall report to the department of health and
15social services
industry, labor and job development the name, address and social
16security number of each winner of a lottery prize that is payable in instalments.
17Upon receipt of the report, the department of health and social services industry,
18labor and job development
shall certify to the administrator whether any payee
19named in the report is obligated to provide child support, spousal support,
20maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25,
21767.26, 767.261, 767.465 (2m), 767.51 (3), 767.65 (24) [ch. 769] or 948.22 (7) and the
22amount required to be withheld from the lottery prize under s. 767.265. The
23administrator shall withhold the certified amount from each payment made to the
24winner and remit the certified amount to the department of health and social
25services
industry, labor and job development.
AB1067, s. 183
1Section 183. 767.001 (1d) of the statutes is created to read:
AB1067,53,32 767.001 (1d) "Department" means the department of industry, labor and job
3development.
AB1067, s. 184 4Section 184. 767.02 (3) of the statutes is repealed.
AB1067, s. 185 5Section 185. 767.045 (1) (c) 1. of the statutes is amended to read:
AB1067,53,86 767.045 (1) (c) 1. Aid is provided under s. 49.19 or 49.45 on behalf of the child,
7but the state and its delegate under s. 46.25 49.22 (7) are barred by a statute of
8limitations from commencing an action under s. 767.45 on behalf of the child.
AB1067, s. 186 9Section 186. 767.045 (1) (c) 2. of the statutes is amended to read:
AB1067,53,1310 767.045 (1) (c) 2. An application for legal services has been filed with the child
11support program under s. 46.25 49.22 on behalf of the child, but the state and its
12delegate under s. 46.25 49.22 (7) are barred by a statute of limitations from
13commencing an action under s. 767.45 on behalf of the child.
AB1067, s. 187 14Section 187. 767.075 (1) (a) of the statutes is amended to read:
AB1067,53,1715 767.075 (1) (a) An action to establish paternity whenever there is a completed
16application for legal services filed with the child support program under s. 46.25
1749.22 or whenever s. 767.45 (6m) applies.
AB1067, s. 188 18Section 188. 767.075 (1) (b) of the statutes is amended to read:
AB1067,53,2119 767.075 (1) (b) An action to establish or enforce a child support or maintenance
20obligation whenever there is a completed application for legal services filed with the
21child support program under s. 46.25 49.22.
AB1067, s. 189 22Section 189. 767.075 (2) (a) of the statutes is amended to read:
AB1067,54,223 767.075 (2) (a) Except as provided in par. (b), in any action affecting the family
24under a child support enforcement program, an attorney acting under s. 46.25 49.22
25or 59.07 (97), including any district attorney or corporation counsel, represents only

1the state. Child support services provided by an attorney as specified in sub. (1) do
2not create an attorney-client relationship with any other party.
AB1067, s. 190 3Section 190. 767.075 (2) (b) of the statutes is amended to read:
AB1067,54,74 767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed
5by the department of health and social services under s. 46.25 49.22 or a county under
6s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the
7purpose of establishing paternity.
AB1067, s. 191 8Section 191. 767.077 (intro.) of the statutes is amended to read:
AB1067,54,13 9767.077Support for dependent child. (intro.) The state or its delegate
10under s. 46.25 49.22 (7) shall bring an action for support of a minor child under s.
11767.02 (1) (f) or, if appropriate, for paternity determination and child support under
12s. 767.45 whenever the child's right to support is assigned to the state under s. 49.19
13(4) (h) 1. b. if all of the following apply:
AB1067, s. 192 14Section 192. 767.078 (1) (d) 1. c. of the statutes, as affected by 1995 Wisconsin
15Act 27
, is amended to read:
AB1067,54,1916 767.078 (1) (d) 1. c. The parent who is absent from the home works, on average,
17less than 32 hours per week and is not participating in an employment training
18program that meets criteria established by the department of industry, labor and
19human relations
.
AB1067, s. 193 20Section 193. 767.078 (1) (d) 3. of the statutes, as affected by 1995 Wisconsin
21Act 27
, is amended to read:
AB1067,54,2322 767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of
23industry, labor and human relations
conducts the program under s. 49.25.
AB1067, s. 194 24Section 194. 767.08 (3) of the statutes is amended to read:
AB1067,55,10
1767.08 (3) If the state or any subdivision thereof furnishes public aid to a
2spouse or dependent child for support and maintenance and the spouse, person with
3legal custody or nonlegally responsible relative fails or refuses to institute an
4appropriate court action under this chapter to provide for the same, the person in
5charge of county welfare activities, the county child support program designee under
6s. 59.07 (97) or the state department of health and social services is a real party in
7interest under s. 767.075 and shall initiate an action under this section, for the
8purpose of obtaining support and maintenance. Any attorney employed by the state
9or any subdivision thereof may initiate an action under this section. The title of the
10action shall be "In re the support or maintenance of A.B. (Child)".
AB1067, s. 195 11Section 195. 767.085 (1) (g) of the statutes is repealed.
AB1067, s. 196 12Section 196. 767.085 (2) (b) of the statutes is amended to read:
AB1067,55,1613 767.085 (2) (b) The clerk of court shall provide without charge, to each person
14filing a petition requesting child support, a document setting forth the percentage
15standard established by the department of health and social services under s. 46.25
1649.22 (9) and listing the factors which a court may consider under s. 767.25 (1m).
AB1067, s. 197 17Section 197. 767.085 (2m) (a) 2. of the statutes is amended to read:
AB1067,55,2118 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without
19charge by the clerk of court, setting forth the percentage standard established by the
20department of health and social services under s. 46.25 49.22 (9) and listing the
21factors which a court may consider under s. 767.25 (1m).
AB1067, s. 198 22Section 198. 767.085 (5) of the statutes is repealed.
AB1067, s. 199 23Section 199. 767.13 (7) of the statutes is amended to read:
AB1067,56,3
1767.13 (7) Cooperation. Each family court commissioner shall cooperate with
2the county and the department of health and social services to ensure that all
3dependent children receive reasonable and necessary child support.
AB1067, s. 200 4Section 200. 767.15 (2) of the statutes is amended to read:
AB1067,56,85 767.15 (2) In any appeal of any action affecting the family in which support or
6maintenance of a child of any party is at issue, the person who initiates the appeal
7shall notify the department of health and social services of the appeal by sending a
8copy of the notice of appeal to the department.
AB1067, s. 201 9Section 201. 767.23 (1n) of the statutes is amended to read:
AB1067,56,2010 767.23 (1n) Before making any temporary order under sub. (1), the court or
11family court commissioner shall consider those factors which the court is required
12by this chapter to consider before entering a final judgment on the same subject
13matter. If the court or family court commissioner makes a temporary child support
14order that deviates from the amount of support that would be required by using the
15percentage standard established by the department of health and social services
16under s. 46.25 49.22 (9), the court or family court commissioner shall comply with the
17requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon
18the written stipulation of the parties, subject to the approval of the court or the family
19court commissioner. Temporary orders made by the family court commissioner may
20be reviewed by the court as provided in s. 767.13 (6).
AB1067, s. 202 21Section 202. 767.25 (1g) of the statutes is amended to read:
AB1067,56,2522 767.25 (1g) In determining child support payments, the court may consider all
23relevant financial information or other information relevant to the parent's earning
24capacity, including information reported to the department of health and social
25services
, or the county child and spousal support agency, under s. 46.25 49.22 (2m).
AB1067, s. 203
1Section 203. 767.25 (1j) of the statutes is amended to read:
AB1067,57,42 767.25 (1j) Except as provided in sub. (1m), the court shall determine child
3support payments by using the percentage standard established by the department
4of health and social services under s. 46.25 49.22 (9).
AB1067, s. 204 5Section 204. 767.25 (4m) (d) 2. of the statutes is amended to read:
AB1067,57,86 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child,
7if eligible for coverage, upon application by the parent, the child's other parent, the
8department of health and social services or the county designee under s. 59.07 (97).
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