AB150-engrossed,2391,1512
767.075
(2) (b) Paragraph (a) does not apply to an attorney who is employed
13by the department
of health and social services under s.
46.25 73.25 or a county under
14s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the
15purpose of establishing paternity.
AB150-engrossed,2391,21
17767.077 Support for dependent child. (intro.) The state or its delegate
18under s.
46.25 73.25 (7) shall bring an action for support of a minor child under s.
19767.02 (1) (f) or, if appropriate, for paternity determination and child support under
20s. 767.45 whenever the child's right to support is assigned to the state under s. 49.19
21(4) (h) 1. b. if all of the following apply:
AB150-engrossed,2391,2423
767.078
(1) (b) 1. Register for work at a public employment office established
24under s.
101.23 106.09.
AB150-engrossed,2392,4
1767.078
(1) (d) 1. c. The parent who is absent from the home works, on average,
2less than 32 hours per week and is not participating in an employment training
3program that meets criteria established by the department
of industry, labor and
4human relations.
AB150-engrossed,2392,86
767.078
(1) (d) 3. Subdivisions 1. and 2. only apply while the department of
7health and social services industry, labor and human relations conducts the program
8under s. 49.25.
AB150-engrossed,2392,1910
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
11spouse or dependent child for support and maintenance and the spouse, person with
12legal custody or nonlegally responsible relative fails or refuses to institute an
13appropriate court action under this chapter to provide for the same, the person in
14charge of county welfare activities, the county child support program designee under
15s. 59.07 (97) or the
state department
of health and social services is a real party in
16interest under s. 767.075 and shall initiate an action under this section, for the
17purpose of obtaining support and maintenance. Any attorney employed by the state
18or any subdivision thereof may initiate an action under this section. The title of the
19action shall be "In re the support or maintenance of A.B. (Child)".
AB150-engrossed,2393,221
767.085
(1) (g) Whenever the petitioner requests an order or judgment
22affecting a minor child, that the petitioner requests the department
of health and
23social services to provide services on behalf of the minor child under s.
46.25 73.25,
24except that this application does not authorize representation under s.
46.25 73.25
1or 59.458 (2), or intervention as a party in any action, by the department
of health
2and social services.
AB150-engrossed,2393,74
767.085
(2) (b) The clerk of court shall provide without charge, to each person
5filing a petition requesting child support, a document setting forth the percentage
6standard established by the department
of health and social services under s.
46.25 773.25 (9) and listing the factors which a court may consider under s. 767.25 (1m).
AB150-engrossed,2393,129
767.085
(2m) (a) 2. Shall be accompanied by a document, provided without
10charge by the clerk of court, setting forth the percentage standard established by the
11department
of health and social services under s.
46.25 73.25 (9) and listing the
12factors which a court may consider under s. 767.25 (1m).
AB150-engrossed,2393,1914
767.085
(5) Response, contents. Whenever the respondent requests an order
15or judgment affecting a minor child, the response shall state that the respondent
16requests the department
of health and social services to provide services on behalf
17of the minor child under s.
46.25 73.25, except that this application does not
18authorize representation under s.
46.25 73.25 or 59.458 (2), or intervention as a party
19in any action, by the department
of health and social services.
AB150-engrossed,2394,221
767.10
(2) (b) A court may not approve a stipulation for a division of property
22that assigns substantially all of the property to one of the parties in the action if the
23other party in the action is in the process of applying for medical assistance under
24ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be
25reasonably anticipated that the other party in the action will apply for medical
1assistance under s
s. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the
2stipulation.
AB150-engrossed,2394,64
767.13
(7) Cooperation. Each family court commissioner shall cooperate with
5the county and the department
of health and social services to ensure that all
6dependent children receive reasonable and necessary child support.
AB150-engrossed,2394,118
767.15
(2) In any appeal of any action affecting the family in which support or
9maintenance of a child of any party is at issue, the person who initiates the appeal
10shall notify the department
of health and social services of the appeal by sending a
11copy of the notice of appeal to the department.
AB150-engrossed,2394,1613
767.23
(1) (am)
Granting Upon the request of a party, granting periods of
14physical placement to a party
specified in s. 767.24 (4). The court or family court
15commissioner shall make a determination under this paragraph within 30 days after
16the request for a temporary order regarding periods of physical placement is filed.
AB150-engrossed,2395,318
767.23
(1n) Before making any temporary order under sub. (1), the court or
19family court commissioner shall consider those factors which the court is required
20by this chapter to consider before entering a final judgment on the same subject
21matter. If the court or family court commissioner makes a temporary child support
22order that deviates from the amount of support that would be required by using the
23percentage standard established by the department
of health and social services 24under s.
46.25 73.25 (9), the court or family court commissioner shall comply with the
25requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon
1the written stipulation of the parties, subject to the approval of the court or the family
2court commissioner. Temporary orders made by the family court commissioner may
3be reviewed by the court as provided in s. 767.13 (6).
AB150-engrossed,2395,75
767.24
(6) (b) Notwithstanding s. 767.001
(1) (1m), in making an order of joint
6legal custody, the court may give one party sole power to make specified decisions,
7while both parties retain equal rights and responsibilities for other decisions.
AB150-engrossed,2395,129
767.25
(1g) In determining child support payments, the court may consider all
10relevant financial information or other information relevant to the parent's earning
11capacity, including information reported to the department
of health and social
12services, or the county child and spousal support agency, under s.
46.25 73.25 (2m).
AB150-engrossed,2395,1614
767.25
(1j) Except as provided in sub. (1m), the court shall determine child
15support payments by using the percentage standard established by the department
16of health and social services under s.
46.25 73.25 (9).
AB150-engrossed,2395,1918
767.25
(4m) (a) In this subsection, "health insurance" does not include medical
19assistance provided under
subch. IV of ch. 49.
AB150-engrossed,2395,2321
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
22if eligible for coverage, upon application by the parent, the child's other parent, the
23department
of health and social services or the county designee under s. 59.07 (97).
AB150-engrossed,2396,8
1767.25
(4m) (e) 1. If a parent who has been ordered by a court to provide
2coverage of the health care expenses of a child who is eligible for medical assistance
3under
ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the
4cost of services provided to the child but does not pay the health care provider for the
5services or reimburse the department of health and social services or any other
6person who paid for the services on behalf of the child, the department of health and
7social services may obtain a judgment against the parent for the amount of the 3rd
8party payment.
AB150-engrossed,2396,1110
767.254
(2) (a) Register for work at a public employment office established
11under s.
101.23 106.09.
AB150-engrossed,2396,1613
767.262
(1) (b) If one party receives services under s.
46.25 73.25 or services
14provided by the state or county as a result of an assignment of income under s. 49.19,
15order the other party to pay any fee chargeable under s.
46.25 73.25 (6) or the cost
16of services rendered by the state or county under s. 49.19.
AB150-engrossed,2396,2018
767.262
(3) The court may order that the amount be paid directly to the
19attorney or to the state or the county providing services under s.
46.25 73.25 or 49.19,
20who may enforce the order in its name.
AB150-engrossed,2396,2322
767.27
(3) (b) The clerk of circuit court shall provide information from court
23records to the department
of health and social services under s. 59.395 (7).
AB150-engrossed,2397,5
1767.27
(4) Failure by either party timely to file a complete disclosure statement
2as required by this section shall authorize the court to accept as accurate any
3information provided in the statement of the other party or obtained under s.
46.25 473.25 (2m) by the department
of health and social services or the county child and
5spousal support agency.
AB150-engrossed,2398,77
767.29
(1) All orders or judgments providing for temporary or permanent
8maintenance, child support or family support payments shall direct the payment of
9all such sums to the clerk of the court for the use of the person for whom the same
10has been awarded. A party securing an order for temporary maintenance, child
11support or family support payments shall forthwith file the order, together with all
12pleadings in the action, with the clerk of the court. Except as provided in sub. (1m),
13the clerk shall disburse the money so received under the judgment or order within
1415 days and take receipts therefor, unless the clerk is unable to disburse the moneys
15because they were paid by check or other draft drawn upon an account containing
16insufficient funds. All moneys received or disbursed under this section shall be
17entered in a record kept by the clerk, which shall be open to inspection by the
18department
of health and social services for the administration of the child and
19spousal support and establishment of paternity program under s.
46.25 73.25, the
20parties to the action and their attorneys, and the family court commissioner. If the
21maintenance, child support or family support payments adjudged or ordered to be
22paid shall not be paid to the clerk at the time provided in the judgment or order, the
23clerk or the family court commissioner of the county shall take such proceedings as
24either of them deems advisable to secure the payment of the sum including
25enforcement by contempt proceedings under ch. 785 or by other means. Copies of any
1order issued to compel the payment shall be mailed to counsel who represented each
2party when the maintenance, child support or family support payments were
3awarded. In case any fees of officers in any of the proceedings, including the
4compensation of the family court commissioner at the rate of $50 per day unless the
5commissioner is on a salaried basis, is not collected from the person proceeded
6against, the fees shall be paid out of the county treasury upon the order of the
7presiding judge and the certificate of the clerk of the court.
AB150-engrossed,2398,259
767.29
(2) If any party entitled to maintenance payments or support money,
10or both, is receiving public assistance under ch. 49, the party may assign the party's
11right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
12assistance. Such assignment shall be approved by order of the court granting the
13maintenance payments or support money, and may be terminated in like manner;
14except that it shall not be terminated in cases where there is any delinquency in the
15amount of maintenance payments and support money previously ordered or
16adjudged to be paid to the assignee without the written consent of the assignee or
17upon notice to the assignee and hearing. When an assignment of maintenance
18payments or support money, or both, has been approved by the order, the assignee
19shall be deemed a real party in interest within s. 803.01 but solely for the purpose
20of securing payment of unpaid maintenance payments or support money adjudged
21or ordered to be paid, by participating in proceedings to secure the payment thereof.
22Notwithstanding assignment under this subsection, and without further order of the
23court, the clerk of court, upon receiving notice that a party or a minor child of the
24parties is receiving aid under s. 49.19, shall forward all support assigned under s.
2549.19 (4) (h) 1. or 49.45 (19) to the department
of industry, labor and human relations.
AB150-engrossed,2399,82
767.295
(2) (a) (intro.) In an action for modification of a child support order
3under s. 767.32, an action in which an order for child support is required under s.
4767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support
5or family support order in a county that contracts under s. 46.253 (2), the court may
6order a parent
who lives in that county and who is not a custodial parent to register
7for a work experience and job training program under s. 46.253
, if all of the following
8conditions are met:
AB150-engrossed, s. 7106
9Section
7106
. 767.295 (2) (a) (intro.) of the statutes, as affected by 1995
10Wisconsin Act .... (this act), is amended to read:
AB150-engrossed,2399,1711
767.295
(2) (a) (intro.) In an action for modification of a child support order
12under s. 767.32, an action in which an order for child support is required under s.
13767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support
14or family support order in a county that contracts under s.
46.253 (2) 49.36 (2), the
15court may order a parent who is not a custodial parent to register for a work
16experience and job training program under s.
46.253
49.36 if all of the following
17conditions are met:
AB150-engrossed,2399,2219
767.295
(2) (a) 1m. If the parent resides in a county other than the county in
20which the court action or proceeding takes place, the parent resides in a county with
21a work experience and job training program under s. 46.253 and that county agrees
22to enroll the parent in the program.
AB150-engrossed, s. 7108
23Section
7108. 767.295 (2) (a) 1m. of the statutes, as created by 1995 Wisconsin
24Act .... (this act), is amended to read:
AB150-engrossed,2400,4
1 767.295
(2) (a) 1m. If the parent resides in a county other than the county in
2which the court action or proceeding takes place, the parent resides in a county with
3a work experience and job training program under s.
46.253 49.36 and that county
4agrees to enroll the parent in the program.
AB150-engrossed,2400,96
767.295
(2) (a) 2. The parent works, on average, less than 32 hours per week,
7and is not participating in an employment or training program which meets
8guidelines established by the department of
health and social services industry,
9labor and human relations.
AB150-engrossed,2400,2211
767.295
(2) (c) If the court enters an order under par. (a), it shall order the
12parent to pay child support equal to the amount determined by applying the
13percentage standard established under s.
46.25 73.25 (9) to the income a person
14would earn by working 40 hours per week for the federal minimum hourly wage
15under
29 USC 206 (a) (1) or equal to the amount of child support that the parent was
16ordered to pay in the most recent determination of support under this chapter. The
17child support obligation ordered under this paragraph continues until the parent
18makes timely payment in full for 3 consecutive months or until the person
19participates in the program under s.
46.253 49.36 for 16 weeks, whichever comes
20first. The court shall provide in its order that the parent must make child support
21payments calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the
22obligation to make payments ordered under this paragraph ceases.
AB150-engrossed,2401,2324
767.32
(1) (a) After a judgment or order providing for child support under this
25chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2) or 948.22 (7), maintenance
1payments under s. 767.26 or family support payments under this chapter, or for the
2appointment of trustees under s. 767.31, the court may, from time to time, on the
3petition, motion or order to show cause of either of the parties, or upon the petition,
4motion or order to show cause of the department
of health and social services, a
5county department under s. 46.215, 46.22 or 46.23 or a child support program
6designee under s. 59.07 (97) if an assignment has been made under s. 49.19 (4) (h)
7or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and
8upon notice to the family court commissioner, revise and alter such judgment or order
9respecting the amount of such maintenance or child support and the payment
10thereof, and also respecting the appropriation and payment of the principal and
11income of the property so held in trust, and may make any judgment or order
12respecting any of the matters that such court might have made in the original action,
13except that a judgment or order that waives maintenance payments for either party
14shall not thereafter be revised or altered in that respect nor shall the provisions of
15a judgment or order with respect to final division of property be subject to revision
16or modification. A revision, under this section, of a judgment or order with respect
17to an amount of child or family support may be made only upon a finding of a
18substantial change in circumstances. In any action under this section to revise a
19judgment or order with respect to maintenance payments, a substantial change in
20the cost of living by either party or as measured by the federal bureau of labor
21statistics may be sufficient to justify a revision of judgment or order with respect to
22the amount of maintenance, except that a change in an obligor's cost of living is not
23in itself sufficient if payments are expressed as a percentage of income.
AB150-engrossed,2402,7
1767.32
(1) (b) 4. A difference between the amount of child support ordered by
2the court to be paid by the payer and the amount that the payer would have been
3required to pay based on the percentage standard established by the department
of
4health and social services under s.
46.25 73.25 (9) if the court did not use the
5percentage standard in determining the child support payments and did not provide
6the information required under s. 46.10 (14) (d), 767.25 (1n) or 767.51 (5d), whichever
7is appropriate.
AB150-engrossed,2402,159
767.32
(1) (c) 1. Unless the amount of child support is expressed in the
10judgment or order as a percentage of parental income, a change in the payer's
11income, evidenced by information received by the department
of health and social
12services, or the county child and spousal support agency, under s.
46.25 73.25 (2m)
13or by other information, from the payer's income determined by the court in its most
14recent judgment or order for child support, including a revision of a child support
15order under this section.
AB150-engrossed,2402,2017
767.32
(2) Except as provided in sub. (2m) or (2r), if the court revises a
18judgment or order with respect to child support payments, it shall do so by using the
19percentage standard established by the department
of health and social services 20under s.
46.25 73.25 (9).
AB150-engrossed,2402,2522
767.32
(4) In any case in which the state is a real party in interest under s.
23767.075, the department
of health and social services shall review the support
24obligation periodically and whenever circumstances so warrant, petition the court
25for revision of the judgment or order with respect to the support obligation.
AB150-engrossed,2403,92
767.33
(1) An order for child support under s. 767.23 or 767.25 may provide for
3an adjustment in the amount to be paid based on a change in the obligor's income,
4as reported on the disclosure form under s. 767.27 (2m) or as disclosed to the
5department
of health and social services or county child and spousal support agency
6under s.
46.25 73.25 (2m). The order may specify the date on which the annual
7adjustment becomes effective. No adjustment may be made unless the order so
8provides and the party receiving payments applies for an adjustment as provided in
9sub. (2). An adjustment under this section may be made only once in any year.
AB150-engrossed,2403,1511
767.45
(7) The clerk of court shall provide without charge, to each person
12bringing an action under this section, except to the state under sub. (1) (g) or (6m),
13a document setting forth the percentage standard established by the department
of
14health and social services under s.
46.25 73.25 (9) and listing the factors which a
15court may consider under s. 767.51 (5).
AB150-engrossed,2403,1717
767.455
(5) Form. The summons shall be in substantially the following form:
AB150-engrossed,2403,1818
STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY
AB150-engrossed,2403,2020
In re the Paternity of A. B.
