AB150: Bill Text

AB150,2287,22 5. If the proposed amount under subd. 3. is expressed as a fixed sum or as a combination of a percentage of parental income and a fixed sum in the alternative, the payer's current income or earning capacity and the facts supporting a reasonable basis for determining that income or earning capacity.

AB150,2287,23 (b) Paragraph (a) does not apply if any of the following applies:

AB150,2288,3 1. The current judgment or order for child or family support is expressed as a percentage of parental income and was determined by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

AB150,2288,6 2. Less than 33 months have elapsed since the date of the entry of the current judgment or order for child or family support, which may be a revision of a judgment or order under this section or s. 767.32.

AB150,2288,17 (3) Not later than 60 days after filing an affidavit under sub. (2), the payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1) (a) or (b) or by sending the affidavit by registered or certified mail to the last-known address of the payer. After the payee files with the court a proof of service on the payer, the court shall send a notice to the payer by regular, registered or certified mail to the payer's last-known address. The notice shall provide that, unless the payer requests a hearing to dispute the revision or the amount of the revision not later than 30 days after the date of the notice, the court or family court commissioner may revise the amount of child or family support as requested in the affidavit and may provide notice of assignment under s. 767.265. The notice shall include the address to which the request for hearing must be mailed or delivered in order to schedule a hearing.

AB150,2289,5 (4) If the court sends the notice under sub. (3) and the payer fails to make a timely request for a hearing, the court or family court commissioner, if the affidavit complies with the requirements under sub. (2) and demonstrates to the satisfaction of the court or family court commissioner that the revision of child or family support is determined in a manner consistent with s. 767.32, may revise the amount of child or family support under the judgment or order as proposed in the affidavit. If the court or family court commissioner revises the amount of child or family support, the court shall enter the revised judgment or order and send notice of assignment under s. 767.265 that replaces any assignment in effect for child or family support under the last judgment or order. The court shall send the revised judgement or order to the payer's last-known address and shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should be withdrawn.

AB150,2289,12 (5) If the payer makes a timely request for a hearing, the court or family court commissioner shall hold a hearing to determine, in accordance with s. 767.32, whether to revise the amount of child or family support under the judgment or order and, if so, in what amount. If the court or family court commissioner revises the amount of child or family support, the court shall enter the revised judgment or order and send notice of assignment under s. 767.265 that replaces any assignment in effect for child or family support under the last judgment or order.

AB150,2289,13 (6) Section 814.025 applies to the filing of an affidavit under this section.

AB150, s. 7111 Section 7111. 767.45 (1) (c) of the statutes is amended to read:

AB150,2289,16 767.45 (1) (c) A Unless s. 767.62 (3) applies, a man presumed to be the child's father under s. 891.405 or 891.41.

AB150, s. 7112 Section 7112. 767.455 (5) of the statutes is amended to read:

AB150,2289,18 STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY

AB150,2289,20 In re the Paternity of A. B.

AB150,2289,21 STATE OF WISCONSIN

AB150,2289,22 and

AB150,2289,23 C. D.

AB150,2289,24 Address

AB150,2289,25 City, State Zip Code File No. ...

AB150,2290,1 , Petitioners

AB150,2290,2 vs. S U M M O N S

AB150,2290,3 E. F.

AB150,2290,4 Address .... (Case Classification Type): .... (Code No.)

AB150,2290,5 City, State Zip Code

AB150,2290,6 , Respondent

AB150,2290,8 THE STATE OF WISCONSIN, To the Respondent:

AB150,2290,11 You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:

AB150,2290,12 Date:

AB150,2290,13 Time:

AB150,2290,14 Room:

AB150,2290,15 Judge or Family Court Commissioner:

AB150,2290,16 Address:

AB150,2290,25 If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

AB150,2291,1 Dated: ...., 19 ..

AB150,2291,2 Signed:.... ....

AB150,2291,3 G. H., Clerk of Circuit Court

AB150,2291,4 or

AB150,2291,5 Petitioner's Attorney

AB150,2291,6 State Bar No.: ....

AB150,2291,7 Address: ....

AB150,2291,8 City, State Zip Code: ....

AB150,2291,9 Phone No.: ....

AB150,2291,10 767.455 (5) Form. The summons shall be in substantially the following form:

AB150, s. 7113 Section 7113. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB150,2291,18 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. One limitation is that representation by the appointed attorney will end if during the proceedings all of the blood tests show that you are excluded as the father or that the statistical probability of your being the father is 99.0% or higher. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... at your own expense.

AB150, s. 7114 Section 7114. 767.458 (1) (b) of the statutes is repealed.

AB150, s. 7115 Section 7115. 767.51 (3m) (a) of the statutes is amended to read:

AB150,2291,22 767.51 (3m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150, s. 7116 Section 7116. 767.51 (3m) (e) 1. of the statutes is amended to read:

AB150,2292,6 767.51 (3m) (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 ss. 49.45 to 49.47 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.

AB150, s. 7117 Section 7117. 767.51 (6) of the statutes is amended to read:

AB150,2292,10 767.51 (6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29, 767.293, 767.30, 767.305, 767.31, 767.32, 767.323 and 767.325, where applicable, shall apply to a judgment or order under this section.

AB150, s. 7118 Section 7118. 767.52 (1) of the statutes is amended to read:

AB150,2292,18 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, unless the respondent knowingly and voluntarily waives the appointment of counsel.

AB150, s. 7119 Section 7119. 767.52 (2) of the statutes is repealed.

AB150, s. 7120 Section 7120. 767.52 (2m) of the statutes is repealed.

AB150, s. 7121 Section 7121. 767.52 (3) of the statutes is amended to read:

AB150,2292,25 767.52 (3) This section does not prevent an An attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 or 59.07 (97) from appearing in any may appear in a paternity action as provided under s. 767.45 (6).

AB150, s. 7122 Section 7122. 767.62 (title) of the statutes is amended to read:

AB150,2293,3 767.62 (title) Orders when Voluntary acknowledgment of paternity acknowledged.

AB150, s. 7123 Section 7123. 767.62 (1) (title) of the statutes is created to read:

AB150,2293,5 767.62 (1) (title) Order for support.

AB150, s. 7124 Section 7124. 767.62 (2) of the statutes is created to read:

AB150,2293,18 767.62 (2) Blood tests. (a) Any person who signs a statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may, within one year after the statement is filed or one year after attaining age 18, whichever is later, request blood tests. If an action has been filed under sub. (1), the court or family court commissioner shall require the appropriate parties to submit to blood tests upon such a request. If no action affecting the family related to the paternity or support of the child has been filed, the person may request that the county designee under s. 59.07 (97) arrange for the blood tests. The person requesting the blood tests shall be responsible for the cost of the blood tests. This paragraph does not apply if, before a request for blood tests under this paragraph, the man who signed the statement acknowledging paternity is determined to be the father of the child after the performance of blood tests.

AB150,2294,6 (b) If the results of blood tests requested under par. (a) exclude as the father of the child the man who signed the statement acknowledging paternity, the court shall dismiss any action for child support under sub. (1), or shall vacate any order for child support entered under sub. (1), with respect to the man and shall notify the state registrar to remove the man's name as the father of the child from the child's birth certificate. If no action affecting the family related to the paternity or support of the child was filed and the county designee under s. 59.07 (97) arranged for the blood tests, the county designee shall notify the state registrar on a form designated by the state registrar to remove the man's name as the father of the child from the child's birth certificate. No paternity action or action under sub. (1) may thereafter be brought against the man with respect to the child. The person who requested the blood tests under par. (a) shall be responsible for any fees charged by the state registrar for preparing a new birth certificate.

AB150, s. 7125 Section 7125. 767.62 (3) of the statutes is repealed and recreated to read:

AB150,2294,14 767.62 (3) Conclusive determination of paternity. (a) A statement acknowledging paternity that includes notice of the provisions of this section and that has been on file with the state registrar under s. 69.15 (3) (b) 3. for at least one year, or at least one year after the date on which the man who signed the statement attained the age of 18, whichever is later, is a conclusive determination, which shall be of the same effect as a judgment, of paternity. This paragraph does not apply if the results of blood tests exclude the man as the father of the child.

AB150,2294,16 (b) A determination of paternity under par. (a) may be reopened under any of the following circumstances:

AB150,2294,17 1. At any time upon motion or petition for good cause shown.

AB150,2294,18 2. Upon a motion under s. 806.07.

AB150,2294,21 3. Within 2 years after the date on which the statement acknowledging paternity was filed with the state registrar or within 2 years after the date on which the man who signed the statement attained the age of 18, whichever is later.

AB150,2294,24 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this subsection beginning with forms for the acknowledgement of paternity that are prescribed by the state registrar on January 1, 1996.

AB150, s. 7126 Section 7126. 769.316 (4) of the statutes is amended to read:

AB150,2295,7 769.316 (4) Copies of bills for testing for parentage, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under ss. 49.45 to 49.47 subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary and customary.

AB150, s. 7127 Section 7127. 775.01 of the statutes is amended to read:

AB150,2295,16 775.01 Actions against state; bond. Upon the refusal of the legislature to allow a claim against the state, if suit is authorized to be brought against the state, the claimant may commence an action against the state. The action may be commenced by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

AB150, s. 7128 Section 7128. 776.44 of the statutes is amended to read:

AB150,2295,21 776.44 Judgment, where filed. Upon the rendition of a judgment dissolving a corporation or vacating or annulling of letters patent the attorney general shall file a certified copy of the judgment in the office of the secretary of state with the department of revenue.

AB150, s. 7129 Section 7129. 779.87 (3) (b) of the statutes is amended to read:

AB150,2295,25 779.87 (3) (b) Amount; filed. The principal sum of the bond shall be $25,000 at all times. A copy of the bond shall be filed with the secretary of state department of financial institutions.

AB150, s. 7130 Section 7130. 779.97 (2) (c) 1. of the statutes is amended to read:

AB150,2296,5 779.97 (2) (c) 1. If the person against whose interest the lien applies is a partnership or a corporation, as defined in 26 USC 7701 (a) (2) and (3), whose principal executive office is in this state, in the office of the secretary of state with the department of financial institutions.

AB150, s. 7131 Section 7131. 779.97 (2) (c) 2. of the statutes is amended to read:

AB150,2296,9 779.97 (2) (c) 2. If the person against whose interest the lien applies is a trust not covered under subd. 1., in the office of the secretary of state with the department of financial institutions.

AB150, s. 7132 Section 7132. 779.97 (2) (c) 3. of the statutes is amended to read:

AB150,2296,13 779.97 (2) (c) 3. If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state with the department of financial institutions.

AB150, s. 7133 Section 7133. 779.97 (4) (a) 1. of the statutes is amended to read:

AB150,2296,18 779.97 (4) (a) 1. The secretary of state With the department of financial institutions, the secretary of state filing officer shall cause the notice to be marked, held and indexed in accordance with s. 409.403 (4) as if the notice were a financing statement within the meaning of chs. 401 to 411; or