AB150: Bill Text Engrossed

AB150-engrossed,2387,24 2. The amount paid to each county under par. (b) shall be the sum of the following amounts:

AB150-engrossed,2388,3 a. The amount determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-engrossed,2388,6 b. The amount determined by dividing the judicial need for the county by the total judicial need for all counties in this state and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-engrossed,2388,11 c. The amount determined by dividing the amount of court support services fees charged and collected in the county in the previous calendar year by the total amount of court support services fees charged and collected in the state in the previous calendar year and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-engrossed,2388,14 (d) Annually, no later than July 1, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:

AB150-engrossed,2388,16 1. The total cost of guardian ad litem compensation that the county incurred under chs. 48, 55, 767 and 880 in the previous calendar year.

AB150-engrossed,2388,19 2. The total guardian ad litem compensation that the county initially paid under chs. 48, 55, 767 and 880 and that was recovered in the previous calendar year by the county from another responsible person.

AB150-engrossed, s. 7095m Section 7095m. 758.19 (7) of the statutes is created to read:

AB150-engrossed,2389,6 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy, the governor and the secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in section 16.70 (5) of the statutes. The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.

AB150-engrossed, s. 7096 Section 7096. 766.565 (7) of the statutes is amended to read:

AB150-engrossed,2389,10 766.565 (7) With respect to consumer credit transactions, the commissioner division of banking may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.

AB150-engrossed, s. 7096m Section 7096m. 767.001 (1) of the statutes is renumbered 767.001 (1m).

AB150-engrossed, s. 7096n Section 7096n. 767.001 (1d) of the statutes is created to read:

AB150-engrossed,2389,13 767.001 (1d) "Department" means the department of revenue.

AB150-engrossed, s. 7096p Section 7096p. 767.02 (3) of the statutes is amended to read:

AB150-engrossed,2389,19 767.02 (3) Commencement of an action affecting the family which affects a minor child constitutes an application to the department of health and social services for services on behalf of the minor child under s. 46.25 73.25. This application does not authorize intervention as a party in any action, by the department of health and social services.

AB150-engrossed, s. 7096r Section 7096r. 767.045 (1) (c) 1. of the statutes is amended to read:

AB150-engrossed,2389,23 767.045 (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 73.25 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB150-engrossed, s. 7096s Section 7096s. 767.045 (1) (c) 2. of the statutes is amended to read:

AB150-engrossed,2390,4 767.045 (1) (c) 2. An application for legal services has been filed with the child support program under s. 46.25 73.25 on behalf of the child, but the state and its delegate under s. 46.25 73.25 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB150-engrossed, s. 7096t Section 7096t. 767.045 (6) of the statutes is amended to read:

AB150-engrossed,2390,21 767.045 (6) Compensation. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court shall order either or both parties to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If either or both parties are unable to pay indigent, the court may direct that the county of venue pay the compensation and fees, in whole or in part, and may direct that any or all parties reimburse the county, in whole or in part, for the payment. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). The court may order a separate judgment for the amount of the reimbursement in favor of the county and against the party or parties responsible for the reimbursement. The court may enforce its orders under this subsection by means of its contempt power.

AB150-engrossed, s. 7096u Section 7096u. 767.075 (1) (a) of the statutes is amended to read:

AB150-engrossed,2390,25 767.075 (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 73.25 or whenever s. 767.45 (6m) applies.

AB150-engrossed, s. 7096v Section 7096v. 767.075 (1) (b) of the statutes is amended to read:

AB150-engrossed,2391,4 767.075 (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 73.25.

AB150-engrossed, s. 7097d Section 7097d. 767.075 (2) (a) of the statutes is amended to read:

AB150-engrossed,2391,10 767.075 (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 73.25 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.

AB150-engrossed, s. 7097e Section 7097e. 767.075 (2) (b) of the statutes is amended to read:

AB150-engrossed,2391,15 767.075 (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 73.25 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.

AB150-engrossed, s. 7097m Section 7097m. 767.077 (intro.) of the statutes is amended to read:

AB150-engrossed,2391,21 767.077 Support for dependent child. (intro.) The state or its delegate under s. 46.25 73.25 (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:

AB150-engrossed, s. 7098 Section 7098. 767.078 (1) (b) 1. of the statutes is amended to read:

AB150-engrossed,2391,24 767.078 (1) (b) 1. Register for work at a public employment office established under s. 101.23 106.09.

AB150-engrossed, s. 7098c Section 7098c. 767.078 (1) (d) 1. c. of the statutes is amended to read:

AB150-engrossed,2392,4 767.078 (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.

AB150-engrossed, s. 7098e Section 7098e. 767.078 (1) (d) 3. of the statutes is amended to read:

AB150-engrossed,2392,8 767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of health and social services industry, labor and human relations conducts the program under s. 49.25.

AB150-engrossed, s. 7098m Section 7098m. 767.08 (3) of the statutes is amended to read:

AB150-engrossed,2392,19 767.08 (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)".

AB150-engrossed, s. 7099d Section 7099d. 767.085 (1) (g) of the statutes is amended to read:

AB150-engrossed,2393,2 767.085 (1) (g) Whenever the petitioner requests an order or judgment affecting a minor child, that the petitioner requests the department of health and social services to provide services on behalf of the minor child under s. 46.25 73.25, except that this application does not authorize representation under s. 46.25 73.25 or 59.458 (2), or intervention as a party in any action, by the department of health and social services.

AB150-engrossed, s. 7099f Section 7099f. 767.085 (2) (b) of the statutes is amended to read:

AB150-engrossed,2393,7 767.085 (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 73.25 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB150-engrossed, s. 7099h Section 7099h. 767.085 (2m) (a) 2. of the statutes is amended to read:

AB150-engrossed,2393,12 767.085 (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 73.25 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB150-engrossed, s. 7099j Section 7099j. 767.085 (5) of the statutes is amended to read:

AB150-engrossed,2393,19 767.085 (5) Response, contents. Whenever the respondent requests an order or judgment affecting a minor child, the response shall state that the respondent requests the department of health and social services to provide services on behalf of the minor child under s. 46.25 73.25, except that this application does not authorize representation under s. 46.25 73.25 or 59.458 (2), or intervention as a party in any action, by the department of health and social services.

AB150-engrossed, s. 7100 Section 7100. 767.10 (2) (b) of the statutes is amended to read:

AB150-engrossed,2394,2 767.10 (2) (b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the stipulation.

AB150-engrossed, s. 7100d Section 7100d. 767.13 (7) of the statutes is amended to read:

AB150-engrossed,2394,6 767.13 (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.

AB150-engrossed, s. 7100f Section 7100f. 767.15 (2) of the statutes is amended to read:

AB150-engrossed,2394,11 767.15 (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.

AB150-engrossed, s. 7100h Section 7100h. 767.23 (1) (am) of the statutes is amended to read:

AB150-engrossed,2394,16 767.23 (1) (am) Granting Upon the request of a party, granting periods of physical placement to a party specified in s. 767.24 (4). The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB150-engrossed, s. 7100m Section 7100m. 767.23 (1n) of the statutes is amended to read:

AB150-engrossed,2395,3 767.23 (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 73.25 (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).

AB150-engrossed, s. 7100p Section 7100p. 767.24 (6) (b) of the statutes is amended to read:

AB150-engrossed,2395,7 767.24 (6) (b) Notwithstanding s. 767.001 (1) (1m), in making an order of joint legal custody, the court may give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions.

AB150-engrossed, s. 7100r Section 7100r. 767.25 (1g) of the statutes is amended to read:

AB150-engrossed,2395,12 767.25 (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 73.25 (2m).

AB150-engrossed, s. 7100t Section 7100t. 767.25 (1j) of the statutes is amended to read:

AB150-engrossed,2395,16 767.25 (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 73.25 (9).

AB150-engrossed, s. 7101 Section 7101. 767.25 (4m) (a) of the statutes is amended to read:

AB150-engrossed,2395,19 767.25 (4m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-engrossed, s. 7101r Section 7101r. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB150-engrossed,2395,23 767.25 (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).

AB150-engrossed, s. 7102 Section 7102. 767.25 (4m) (e) 1. of the statutes is amended to read:

AB150-engrossed,2396,8 767.25 (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 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-engrossed, s. 7103 Section 7103. 767.254 (2) (a) of the statutes is amended to read:

AB150-engrossed,2396,11 767.254 (2) (a) Register for work at a public employment office established under s. 101.23 106.09.

AB150-engrossed, s. 7103p Section 7103p. 767.262 (1) (b) of the statutes is amended to read:

AB150-engrossed,2396,16 767.262 (1) (b) If one party receives services under s. 46.25 73.25 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 73.25 (6) or the cost of services rendered by the state or county under s. 49.19.

AB150-engrossed, s. 7103r Section 7103r. 767.262 (3) of the statutes is amended to read:

AB150-engrossed,2396,20 767.262 (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 73.25 or 49.19, who may enforce the order in its name.

AB150-engrossed, s. 7104d Section 7104d. 767.27 (3) (b) of the statutes is amended to read:

AB150-engrossed,2396,23 767.27 (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).

AB150-engrossed, s. 7104f Section 7104f. 767.27 (4) of the statutes is amended to read:

AB150-engrossed,2397,5 767.27 (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 73.25 (2m) by the department of health and social services or the county child and spousal support agency.

AB150-engrossed, s. 7104r Section 7104r. 767.29 (1) of the statutes is amended to read:

AB150-engrossed,2398,7 767.29 (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 73.25, 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.

AB150-engrossed, s. 7104tm Section 7104tm. 767.29 (2) of the statutes is amended to read:

AB150-engrossed,2398,25 767.29 (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.

AB150-engrossed, s. 7105 Section 7105 . 767.295 (2) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,2399,8 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2), the court may order a parent who lives in that county and who is not a custodial parent to register for a work experience and job training program under s. 46.253, if all of the following conditions are met:

AB150-engrossed, s. 7106 Section 7106 . 767.295 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2399,17 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2) 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 46.253 49.36 if all of the following conditions are met:

AB150-engrossed, s. 7107 Section 7107. 767.295 (2) (a) 1m. of the statutes is created to read: