SB422: Bill Text

SB422,14,2 (b) Is participating in a special education program under subch. V of ch. 115.

Note: Permits a court, in a paternity action, to order one or both parties to pay child support for a child of the parties who is age 19 or older but under age 21 or becomes age 21 during a school year and who is identified as a child with exceptional educational needs and is participating in a special education program.

SB422, s. 23 Section 23 . 767.51 (3r) of the statutes is created to read:

SB422,14,8 767.51 (3r) (a) When ordering child support for a child under sub. (3), the court shall consider and may specifically assign responsibility to one or both parents for and direct the manner of payment of the child's day care expenses that are necessary to permit either parent to work. A parent may be required to initiate or continue payment of day care expenses for a child under this subsection.

SB422,14,10 (b) In directing the manner of payment of a child's day care expenses, the court shall order that payment be made to one of the following:

SB422,14,11 1. The other parent.

SB422,14,12 2. The day care provider.

SB422,14,14 3. The clerk of court for disbursement to the person for whom the payment has been awarded.

SB422,15,2 (c) If a parent who is ordered to pay child care expenses under this subsection fails to make a required payment within 10 days after its due date, the court may order that payment be withheld from the person's income and assigned for the payment of day care expenses. If the court orders income withholding and assignment for the payment of day care expenses, the court shall direct that payment under the assignment be made to the clerk of court for disbursement to the other parent as provided in s. 767.29 and shall send notice of assignment and of the opportunity to request a hearing in the manner provided under s. 767.265 (2h). The clerk of court shall keep a record of all moneys received and disbursed by the clerk for day care expenses that are directed to be paid to the clerk.

Note: Contains same provisions relating to day care expenses in paternity cases as are found in Section 17 of the bill relating to day care expenses in divorce cases.

SB422, s. 24 Section 24 . 767.51 (5) (intro.) of the statutes is amended to read:

SB422,15,9 767.51 (5) (intro.) Upon request by a party, the The court may shall modify the amount of child support payments determined under sub. (4m) if, after considering all of the following factors that the court determines are relevant, the court finds by the greater weight of the credible evidence that use of the percentage standard the amount of child support determined under sub. (4m) is unfair to the child or to the requesting party any of the parties:

SB422, s. 25 Section 25. 767.51 (5) (cm) of the statutes is created to read:

SB422,15,11 767.51 (5) (cm) The tax consequences to each party.

SB422, s. 26 Section 26. 767.51 (5) (f) of the statutes is repealed.

SB422, s. 27 Section 27. 767.51 (5) (i) of the statutes is amended to read:

SB422,15,17 767.51 (5) (i) The cost of day care if the custodian works outside the home or the value of custodial services contributed by the custodial performed by the custodian if it is appropriate for the custodian to remain in the home as a full-time parent.

Note: Makes the following changes in current s. 767.51 (5), relating to deviating from use of the percentage standard in a paternity case:

1. Modifies current law to provide that the court must modify the amount of child support determined using the percentage standard if, after considering all of the factors delineated in s. 767.51 (5) which it deems relevant, the court finds by the greater weight of the credible evidence that the amount of child support determined using the percentage standard is unfair to the child or any party. Current law provides that a court may, upon request of a party, modify the amount determined using the percentage standard if, after considering the delineated factors, the court finds such use would be unfair.

2. Modifies certain current factors to be considered in determining whether use of the percentage standard is unfair, in order to achieve greater consistency with factors considered in substitute care and divorce cases. Specifically, in this bill:

a. A new factor, "the tax consequences to each party" is added.

b. The current factor, "age of the child", is eliminated.

c. The current factor, "the value of services contributed by the custodial parent", is replaced by a new factor, "the cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if it is appropriate for the custodian to remain in the home as a full-time parent".

SB422, s. 28 Section 28. 767.51 (5d) of the statutes is amended to read:

SB422,16,9 767.51 (5d) If the court finds under sub. (5) that use of the percentage standard the amount of child support determined under sub. (4m) is unfair to the child or the requesting any party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard the amount of child support determined under sub. (4m) is unfair to the child or the any party, its reasons for the amount of the modification and the basis for the modification.

Note: For consistency with Section 24, modifies language relating to a court's required findings in deviating from the percentage standard in paternity cases, to refer to the court finding the amount of child support determined by using the percentage standard unfair, rather than finding the use of the percentage standard unfair. Also, eliminates reference to "the requesting party" since, under Section 24, a party no longer has to request that a court consider modifying the child support amount.

SB422, s. 29 Section 29. 767.51 (5j) of the statutes is created to read:

SB422,16,16 767.51 (5j) The court shall reduce the amount of a parent's child support payments determined under sub. (4m) or (5), if the court finds that the child receives benefits under 42 USC 402 (d) based on the parent's entitlement to federal old-age or disability insurance benefits under 42 USC 401 to 433. The parent's child support payments shall be reduced by the amount of the benefit under 42 USC 402 (d) received by the child.

Note: Requires a court in a paternity case to reduce the amount of child support a payer is ordered to pay if the child for whom support is ordered receives a social security benefit based on the payer's eligibility for old-age or disability benefits. The amount of the reduction would be equal to the amount of the benefit the child receives.

SB422, s. 30 Section 30. Nonstatutory provisions.

SB422,17,5 (1) The department of health and social services shall study the staffing levels of all county child and spousal support agencies in the state and determine an appropriate staffing level. The department shall submit a report on county child and spousal support agency staffing no later than January 1, 1997, to the appropriate standing committees under section 13.172 (3) of the statutes.

Note: Directs the DHSS to study the staffing levels of all county child support agencies, determine an appropriate staffing level and report on county agency staffing to the legislature by January 1, 1997.

SB422, s. 31 Section 31. Effective dates. This act takes effect on the day after publication, except as follows:

SB422,17,10 (1) The treatment of sections 767.23 (1) (m), 767.25 (4r), 767.265 (3h), (4) and (6) (a), (b) and (c) and 767.51 (3r) takes effect on January 1, 1996, or on the day after publication, whichever is later.

Note: Provides that the provisions relating to treatment of child day care expenses in Sections 8, 17, 18 and 23 of the bill take effect on January 1, 1996, or the day after publication, whichever is later. January 1, 1996, is the date on which the 1993 Wisconsin Act 481 provisions on treatment of a child's health care expenses take effect. The day care provisions of this bill are modeled after the Act 481 provisions and, in some instances, key into those provisions, necessitating the same or a later effective date.

SB422,17,11 (End)