AB1067: Bill Text

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).

AB1067, s. 205 Section 205. 767.25 (4m) (e) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,57,17 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

AB1067, s. 206 Section 206. 767.262 (1) (b) of the statutes is amended to read:

AB1067,57,22 767.262 (1) (b) If one party receives services under s. 46.25 49.22 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 46.25 49.22 (6) or the cost of services rendered by the state or county under s. 49.19.

AB1067, s. 207 Section 207. 767.262 (3) of the statutes is amended to read:

AB1067,58,3 767.262 (3) The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 46.25 49.22 or 49.19, who may enforce the order in its name.

AB1067, s. 208 Section 208. 767.265 (6) (c) of the statutes, as affected by 1993 Wisconsin Act 481, is amended to read:

AB1067,58,15 767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and human relations for enforcement of this paragraph.

AB1067, s. 209 Section 209. 767.27 (3) (b) of the statutes is amended to read:

AB1067,58,18 767.27 (3) (b) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

AB1067, s. 210 Section 210. 767.27 (4) of the statutes is amended to read:

AB1067,58,24 767.27 (4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under s. 46.25 49.22 (2m) by the department of health and social services or the county child and spousal support agency.

AB1067, s. 211 Section 211. 767.29 (1) of the statutes is amended to read:

AB1067,60,2 767.29 (1) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of the court for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of the court. Except as provided in sub. (1m), the clerk shall disburse the money so received under the judgment or order within 15 days and take receipts therefor, unless the clerk is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk, which shall be open to inspection by the department of health and social services for the administration of the child and spousal support and establishment of paternity program under s. 46.25 49.22, the parties to the action and their attorneys, and the family court commissioner. If the maintenance, child support or family support payments adjudged or ordered to be paid shall not be paid to the clerk at the time provided in the judgment or order, the clerk or the family court commissioner of the county shall take such proceedings as either of them deems advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of the court.

AB1067, s. 212 Section 212. 767.29 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,60,21 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19, shall forward all support assigned under s. 49.19 (4) (h) 1. or 49.45 (19) to the department of industry, labor and human relations.

AB1067, s. 213 Section 213. 767.295 (2) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,61,3 767.295 (2) (a) 2. The parent works, on average, less than 32 hours per week, and is not participating in an employment or training program which meets guidelines established by the department of industry, labor and human relations.

AB1067, s. 214 Section 214. 767.295 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,61,17 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 46.25 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the obligation to make payments ordered under this paragraph ceases.

AB1067, s. 215 Section 215. 767.32 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB1067,62,20 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB1067, s. 216 Section 216. 767.32 (1) (b) 4. of the statutes is amended to read: