AB100,1832,221
633.15
(2) (c)
Failure to pay support. The commissioner shall suspend, limit
22or refuse to renew a license issued under this section to an individual if the individual
23is delinquent in court-ordered payments of child or family support, maintenance,
24birth expenses, medical expenses or other expenses related to the support of a child
1or former spouse, as provided in a memorandum of understanding entered into under
2s. 49.857.
AB100, s. 4943
3Section
4943. 635.254 (3) of the statutes is amended to read:
AB100,1832,84
635.254
(3) For an eligible employe who obtains coverage under the health
5insurance risk-sharing plan under s.
619.12 149.12 (2) (e) 2., an employer under sub.
6(1) shall pay a premium contribution to the health insurance risk-sharing plan that
7is equal to the amount that the employer would pay on behalf of the employe for
8coverage under the plan under this subchapter.
AB100, s. 4944
9Section
4944. 701.06 (5) (intro.) of the statutes is amended to read:
AB100,1832,1510
701.06
(5) Claims for public support. (intro.) Notwithstanding any provision
11in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay
12for the public support of a beneficiary under s. 46.10
or 301.12 or the beneficiary is
13legally obligated to pay for the beneficiary's public support or that furnished the
14beneficiary's spouse or minor child under s. 46.10
or 301.12, upon application by the
15appropriate state department or county official, the court may:
AB100, s. 4945
16Section
4945. 703.16 (6) (e) of the statutes is amended to read:
AB100,1832,1717
703.16
(6) (e) A lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or 292.81.
AB100, s. 4946
18Section
4946. 706.11 (1) (intro.) of the statutes is amended to read:
AB100,1832,2319
706.11
(1) (intro.) Except as provided in sub. (4), when any of the following
20mortgages has been duly recorded, it shall have priority over all liens upon the
21mortgaged premises and the buildings and improvements thereon, except tax and
22special assessment liens filed after the recording of such mortgage and except liens
23under
s. ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81:
AB100, s. 4947
24Section
4947. 707.37 (4) (d) of the statutes is amended to read:
AB100,1832,2525
707.37
(4) (d) A lien under s. 292.31 (8) (i)
, 144.77 292.41 (6) (d) or 292.81.
AB100, s. 4948
1Section
4948. 751.15 of the statutes is created to read:
AB100,1833,5
2751.15 Rules regarding the practice of law. (1) The supreme court is
3requested to enter into a memorandum of understanding with the department of
4industry, labor and job development under s. 49.857 and with the department of
5revenue under s. 73.0301.
AB100,1833,11
6(2) The supreme court is requested to promulgate rules that require each
7person, as a condition of membership in the state bar, to provide the board of bar
8examiners with his or her social security number and that prohibit the disclosure of
9that number to any person except to the department of industry, labor and job
10development, for the purpose of administering s. 49.22, and to the department of
11revenue, for the purpose of making certifications under s. 73.0301.
AB100,1833,16
12(3) (a) The supreme court is requested to promulgate rules that deny, suspend
13or revoke a license to practice law if the department of industry, labor and job
14development certifies that the applicant or licensee has failed to pay court-ordered
15payments of child or family support, maintenance, birth expenses, medical expenses
16or other expenses related to the support of a child or former spouse.
AB100,1833,1917
(b) The supreme court is requested to promulgate rules that deny, suspend or
18revoke a license to practice law if the department of revenue certifies that the
19applicant or licensee is liable for delinquent taxes under s. 73.0301.
AB100,1833,2220
(c) The supreme court is requested to promulgate rules that deny, suspend or
21revoke a license to practice law if the applicant or licensee fails to provide the
22information required under rules promulgated under sub. (2).
AB100, s. 4949
23Section
4949. 757.69 (1) (n) of the statutes is created to read:
AB100,1833,2524
757.69
(1) (n) Hold hearings, make findings and issue orders under s. 49.856
25(4).
AB100, s. 4950
1Section
4950. 758.19 (2) (a) of the statutes is renumbered 758.19 (2).
AB100, s. 4951
2Section
4951. 758.19 (2) (b) of the statutes is repealed.
AB100, s. 4953
4Section
4953. 765.09 (2) of the statutes is amended to read:
AB100,1834,85
765.09
(2) No marriage license may be issued unless the application for it is
6subscribed by the parties intending to intermarry
, contains the social security
7number of each party who has a social security number and is filed with the clerk who
8issues the marriage license.
AB100, s. 4954
9Section
4954. 765.09 (3) of the statutes is amended to read:
AB100,1835,210
765.09
(3) Each party shall present satisfactory, documentary proof of
11identification and residence and shall swear (or affirm) to the application before the
12clerk who is to issue the marriage license or the person authorized to accept such
13applications in the county and state where the party resides. The application shall
14contain
such the social security number of each party, as well as any other 15informational items
as that the department of health and family services directs.
16The portion of the marriage application form that is collected for statistical purposes
17only shall indicate that the address of the marriage license applicant may be
18provided by a county clerk to a law enforcement officer under the conditions specified
19under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk
20a certified copy of a birth certificate, and any applicants shall submit a copy of any
21judgments or a death certificate affecting the marital status. If such certificate or
22judgment is unobtainable, other satisfactory documentary proof of the requisite facts
23therein may be presented in lieu thereof. Whenever the clerk is not satisfied with
24the documentary proof presented, he or she shall submit the same, for an opinion as
1to the sufficiency of the proof, to a judge of a court of record in the county of
2application.
AB100, s. 4955
3Section
4955. 765.13 of the statutes is amended to read:
AB100,1835,13
4765.13 Form of marriage document. The marriage document shall contain
5such the social security number of each party, as well as any other informational
6items
as that the department of health and family services determines are necessary
7and shall agree in the main with the standard form recommended by the federal
8agency responsible for national vital statistics. It shall contain a notification of the
9time limits of the authorization to marry, a notation that the issue of the marriage
10license shall not be deemed to remove or dispense with any legal disability,
11impediment or prohibition rendering marriage between the parties illegal, and the
12signature of the county clerk, who shall acquire the information for the marriage
13document and enter it in its proper place when the marriage license is issued.
AB100, s. 4956
14Section
4956. 765.20 (2) of the statutes is amended to read:
AB100,1836,315
765.20
(2) A county clerk may provide the name of a marriage license applicant
16and, from the portion of the marriage application form that is collected for statistical
17purposes, as specified under sub. (1), may provide the address of the marriage license
18applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall
19provide the name and, if it is available, the address, to a law enforcement officer who
20requests, in writing, the name and address for the performance of an investigation
21or the service of a warrant.
A county clerk shall provide information requested under
22s. 49.22 (2m). If a county clerk has not destroyed the portion of the marriage license
23application form that is collected for statistical purposes, he or she shall keep the
24information on the portion confidential, except as authorized under this subsection.
25If a written request is made by a law enforcement officer under this subsection, the
1county clerk shall keep the request with the marriage license application form. If the
2county clerk destroys the marriage license application form, he or she shall also
3destroy the written request.
AB100, s. 4957
4Section
4957. 767.001 (2) (b) of the statutes is amended to read:
AB100,1836,75
767.001
(2) (b) With respect to
the department of health and family services
6or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
7legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
AB100, s. 4958
8Section
4958. 767.001 (7) of the statutes is repealed.
AB100, s. 4959
9Section
4959. 767.02 (1) (m) of the statutes is amended to read:
AB100,1836,1210
767.02
(1) (m) To enforce or revise an order for support entered under s. 48.355
11(2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2)
(4), 938.355 (2) (b) 4., 938.357 (5m) or
12938.363 (2).
AB100, s. 4960
13Section
4960. 767.025 (3) of the statutes is repealed.
AB100, s. 4961
14Section
4961. 767.025 (4) of the statutes is amended to read:
AB100,1836,2315
767.025
(4) If a petition, motion or order to show cause for enforcement or
16modification of a child support, family support or maintenance order is filed and
17heard
, regardless of whether it is filed and heard in a county other than the county
18in which the original judgment or order was rendered, any judgment or order
19enforcing or modifying the original judgment or order shall specify
the clerk of circuit
20court or support collection designee to whom that payments of support or
21maintenance
are payable and the clerk of circuit court or support collection designee
22to whom, and payments of arrearages in support or maintenance, if any, are payable
23to the department or its designee, whichever is appropriate.
AB100, s. 4962
24Section
4962. 767.045 (1) (c) (intro.) of the statutes is amended to read:
AB100,1837,6
1767.045
(1) (c) (intro.) The attorney responsible for support enforcement under
2s. 59.53 (6) (a) may request that the court or family court commissioner appoint a
3guardian ad litem to bring an action or motion on behalf of a minor who is a
4nonmarital child whose paternity has not been adjudicated
or acknowledged for the
5purpose of determining the paternity of the child, and the court or family court
6commissioner shall appoint a guardian ad litem, if any of the following applies:
AB100, s. 4963
7Section
4963. 767.077 (intro.) of the statutes is amended to read:
AB100,1837,12
8767.077 Support for dependent child. (intro.) The state or its delegate
9under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
10(1) (f) or, if appropriate, for paternity determination and child support under s.
11767.45 whenever the child's right to support is assigned to the state under s. 46.261,
1248.57 (3m) (b) 2.
, 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:
AB100, s. 4964
13Section
4964. 767.078 (1) (a) 1. of the statutes is amended to read:
AB100,1837,1614
767.078
(1) (a) 1. Is an action for modification of a child support order under
15s. 767.32 or an action in which an order for child support is required under s. 767.25
16(1)
or, 767.51 (3)
or 767.62 (4) (a).
AB100, s. 4965
17Section
4965. 767.078 (2) of the statutes is amended to read:
AB100,1837,2218
767.078
(2) Subsection (1) does not limit the authority of a court to issue an
19order, other than an order under sub. (1), regarding employment of a parent in an
20action for modification of a child support order under s. 767.32 or an action in which
21an order for child support is required under s. 767.25 (1)
or, 767.51 (3)
or 767.62 (4)
22(a).
AB100, s. 4966
23Section
4966. 767.08 (3) of the statutes is amended to read:
AB100,1838,824
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
25spouse or dependent child for support and maintenance and the spouse, person with
1legal custody or nonlegally responsible relative fails or refuses to institute an
2appropriate court action under this chapter to provide for the same, the person in
3charge of county welfare activities, the county child support
program designee 4agency under s. 59.53 (5) or the department is a real party in interest under s.
5767.075 and shall initiate an action under this section, for the purpose of obtaining
6support and maintenance. Any attorney employed by the state or any subdivision
7thereof may initiate an action under this section. The title of the action shall be "In
8re the support or maintenance of A.B. (Child)".
AB100, s. 4967
9Section
4967. 767.085 (1) (b) of the statutes is amended to read:
AB100,1838,1210
767.085
(1) (b) The name
and, birthdate
and social security number of each
11minor child of the parties and each other child born to the wife during the marriage,
12and whether the wife is pregnant.
AB100, s. 4968
13Section
4968. 767.15 (1) of the statutes is amended to read:
AB100,1838,2114
767.15
(1) In any action affecting the family in which either party is a recipient
15of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party
16shall, either within 20 days after making service on the opposite party of any motion
17or pleading requesting the court or family court commissioner to order, or to modify
18a previous order, relating to child support, maintenance or family support, or before
19filing the motion or pleading in court, serve a copy of the motion or pleading upon the
20county child support
program designee
agency under s. 59.53 (5) of the county in
21which the action is begun.
AB100, s. 4969
22Section
4969. 767.25 (1g) of the statutes is amended to read:
AB100,1839,223
767.25
(1g) In determining child support payments, the court may consider all
24relevant financial information or other information relevant to the parent's earning
1capacity, including information reported
under s. 49.22 (2m) to the department
, or
2the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
AB100, s. 4970
3Section
4970. 767.25 (4) of the statutes is amended to read:
AB100,1839,74
767.25
(4) The court shall order either party or both to pay for the support of
5any child of the parties who is less than
18 years old, or any child of the parties who
6is less than 19 years old
and if the child is pursuing an accredited course of
7instruction leading to the acquisition of a high school diploma or its equivalent.
AB100, s. 4971
8Section
4971. 767.25 (4m) (c) 1. of the statutes is amended to read:
AB100,1839,249
767.25
(4m) (c) 1. In directing the manner of payment of a child's health care
10expenses, the court may order that payment, including payment for health insurance
11premiums, be withheld from income and sent to the appropriate health care insurer,
12provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
13collection department or its designee, whichever is appropriate, for disbursement to
14the person for whom the payment has been awarded if that person is not a health care
15insurer, provider or plan. If the court orders income withholding and assignment for
16the payment of health care expenses, the court shall send notice of assignment in the
17manner provided under s. 767.265 (2r) and may include the notice of assignment
18under this subdivision with a notice of assignment under s. 767.265. The
clerk of
19court department or its designee, whichever is appropriate, shall keep a record of all
20moneys received and disbursed by the
clerk department or its designee for health
21care expenses that are directed to be paid to the
clerk and the support collection
22designee shall keep a record of all moneys received and disbursed by the support
23collection designee for health care expenses that are directed to be paid to the support
24collection department or its designee.
AB100, s. 4972
25Section
4972. 767.25 (4m) (d) 2. of the statutes is amended to read:
AB100,1840,3
1767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
2if eligible for coverage, upon application by the parent, the child's other parent, the
3department or the county
designee child support agency under s. 59.53 (5).
AB100, s. 4973
4Section
4973
. 767.25 (4m) (d) 2. of the statutes, as affected by 1997 Wisconsin
5Act .... (this act), is amended to read:
AB100,1840,96
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
7if eligible for coverage, upon application by the parent, the child's other parent, the
8department or the county child support agency under s. 59.53 (5)
, or upon receiving
9a notice under par. (f) 1.
AB100, s. 4974
10Section
4974
. 767.25 (4m) (d) 2m. of the statutes is created to read:
AB100,1840,1411
767.25
(4m) (d) 2m. Notify the county child support agency under s. 59.53 (5)
12when coverage of the child under the health benefit plan is in effect and, upon
13request, provide copies of necessary program or policy identification to the child's
14other parent.
AB100, s. 4975
15Section
4975. 767.25 (4m) (f) of the statutes is created to read:
AB100,1840,1916
767.25
(4m) (f) 1. If a parent who has been ordered by a court to provide
17coverage of the health care expenses of a child changes employers, the county child
18support agency under s. 59.53 (5) shall provide notice of the order to the new
19employer and to the parent.
AB100,1841,420
2. The notice provided to the parent shall inform the parent that coverage for
21the child under the new employer's health benefit plan will be in effect upon the
22employer's receipt of the notice. The notice shall inform the parent that he or she
23may, within 10 days after receiving the notice, by motion request a hearing before the
24court on the issue of whether the order to provide coverage of the child's health care
25expenses should remain in effect. A motion under this subdivision may be heard by
1a family court commissioner. If the parent requests a hearing and the court or family
2court commissioner determines that the order to provide coverage of the child's
3health care expenses should not remain in effect, the court shall provide notice to the
4employer that the order is no longer in effect.
AB100, s. 4976
5Section
4976. 767.25 (6) (intro.) of the statutes is amended to read:
AB100,1841,136
767.25
(6) (intro.) A party ordered to pay child support under this section shall
7pay simple interest at the rate of 1.5% per month on any amount unpaid,
8commencing the first day of the 2nd month after the month in which the amount was
9due. Interest under this subsection is in lieu of interest computed under s. 807.01
10(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 11department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
12clerk of court or support collection department or its designee, whichever is
13appropriate, shall apply all payments received for child support as follows:
AB100, s. 4977
14Section
4977. 767.25 (6) (a) of the statutes is amended to read:
AB100,1841,2015
767.25
(6) (a) First, to payment of child support due within the calendar month
16during which the payment is withheld from income under s. 767.265 or under similar
17laws of another state. If payment is not made through income withholding, the
clerk
18or support collection department or its designee, whichever is appropriate, shall first
19apply child support payments received to payment of child support due within the
20calendar month during which the payment is received.
AB100, s. 4978
21Section
4978. 767.253 of the statutes is amended to read:
AB100,1842,2
22767.253 Seek-work orders. In an action for modification of a child support
23order under s. 767.32 or an action in which an order for child support is required
24under s. 767.25 (1)
or, 767.51 (3)
or 767.62 (4) (a), the court may order either or both
1parents of the child to seek employment or participate in an employment or training
2program.
AB100, s. 4979
3Section
4979. 767.254 (2) (intro.) of the statutes is amended to read:
AB100,1842,74
767.254
(2) (intro.) In an action for revision of a judgment or order providing
5for child support under s. 767.32 or an action in which an order for child support is
6required under s. 767.25 (1)
or, 767.51 (3)
or 767.62 (4) (a), the court shall order an
7unemployed teenage parent to do one or more of the following:
AB100, s. 4980
8Section
4980. 767.261 (intro.) of the statutes is amended to read:
AB100,1842,18
9767.261 Family support. (intro.) The court may make a financial order
10designated "family support" as a substitute for child support orders under s. 767.25
11and maintenance payment orders under s. 767.26. A party ordered to pay family
12support under this section shall pay simple interest at the rate of 1.5% per month on
13any amount unpaid, commencing the first day of the 2nd month after the month in
14which the amount was due. Interest under this section is in lieu of interest computed
15under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support
16collection department or its designee under s. 767.29. Except as provided in s. 767.29
17(1m), the
clerk of court or support collection department or its designee, whichever
18is appropriate, shall apply all payments received for family support as follows:
AB100, s. 4981
19Section
4981. 767.261 (1) of the statutes is amended to read:
AB100,1842,2520
767.261
(1) First, to payment of family support due within the calendar month
21during which the payment is withheld from income under s. 767.265 or under similar
22laws of another state. If payment is not made through income withholding, the
clerk
23or support collection department or its designee, whichever is appropriate, shall first
24apply family support payments received to payment of family support due within the
25calendar month during which the payment is received.
AB100, s. 4982
1Section
4982. 767.262 (4) (b) of the statutes is amended to read:
AB100,1843,92
767.262
(4) (b) The court may order payment of costs under this section by
a
3county the department or its designee, whichever is appropriate, in an action in
4which the court finds that the record of payments and arrearages kept by the
clerk
5of court under s. 59.40 (2) (h) or the support collection department or its designee
6under s. 59.07 (97m) (b) 1. is substantially incorrect and that the
clerk of court or
7support collection department or its designee has failed to correct the record within
830 days after having received information that the court determines is sufficient for
9making the correction.
AB100, s. 4983
10Section
4983. 767.263 (title) of the statutes is amended to read:
AB100,1843,12
11767.263 (title)
Notice of change of employer
;, change of address;
and
12change in ability to pay; other information.
AB100, s. 4984
13Section
4984. 767.263 of the statutes is renumbered 767.263 (1).
AB100, s. 4985
14Section
4985
. 767.263 (1) of the statutes, as affected by 1997 Wisconsin Act
15.... (this act), is amended to read:
AB100,1844,216
767.263
(1) Each order for child support, family support or maintenance
17payments shall include an order that the payer and payee notify the
clerk of court
18or support collection designee, whichever is appropriate, county child support agency
19under s. 59.53 (5) of any change of address within 10 days of such change. Each order
20for child support, family support or maintenance payments shall also include an
21order that the payer notify the
clerk of court or support collection designee, county
22child support agency under s. 59.53 (5) within 10 days, of any change of employer and
23of any substantial change in the amount of his or her income such that his or her
24ability to pay child support, family support or maintenance is affected. The order
25shall also include a statement that clarifies that notification of any substantial
1change in the amount of the payer's income will not result in a change of the order
2unless a revision of the order is sought.