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.
AB100, s. 4986
3Section
4986. 767.263 (2) of the statutes is created to read:
AB100,1844,94
767.263
(2) When an order is entered under sub. (1), each party shall provide
5to the clerk of court or support collection designee his or her social security number,
6residential and mailing addresses, telephone number, operator's license number and
7the name, address and telephone number of his or her employer. A party shall advise
8the clerk of court or support collection designee of any change in the information
9provided under this subsection within 10 days after the change.
AB100, s. 4987
10Section
4987
. 767.263 (2) of the statutes, as created by 1997 Wisconsin Act ....
11(this act), is amended to read:
AB100,1844,1812
767.263
(2) When an order is entered under sub. (1), each party shall provide
13to the
clerk of court or support collection designee
county child support agency under
14s. 59.53 (5) his or her social security number, residential and mailing addresses,
15telephone number, operator's license number and the name, address and telephone
16number of his or her employer. A party shall advise the
clerk of court or support
17collection designee county child support agency under s. 59.53 (5) of any change in
18the information provided under this subsection within 10 days after the change.
AB100, s. 4988
19Section
4988
. 767.265 (1) of the statutes is amended to read:
AB100,1845,1020
767.265
(1) Each order for child support under this chapter, for maintenance
21payments under s. 767.23 or 767.26, for family support under this chapter, for costs
22ordered under s. 767.51 (3)
or 767.62 (4) (a), for support by a spouse under s. 767.02
23(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
24in a judgment or order with respect to child support, maintenance or family support
25payments under s. 767.32, each stipulation approved by the court or the family court
1commissioner for child support under this chapter and each order for child or spousal
2support entered under s. 948.22 (7) constitutes an assignment of all commissions,
3earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
4prizes that are payable in instalments and other money due or to be due in the future
5to the clerk of court or support collection designee of the county where the action is
6filed. The assignment shall be for an amount sufficient to ensure payment under the
7order or stipulation and to pay any arrearages due at a periodic rate not to exceed
850% of the amount of support due under the order or stipulation so long as the
9addition of the amount toward arrearages does not leave the party at an income
10below the poverty line established under
42 USC 9902 (2).
AB100, s. 4989
11Section
4989
. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act
12.... (this act), is amended to read:
AB100,1846,313
767.265
(1) Each order for child support under this chapter, for maintenance
14payments under s. 767.23 or 767.26, for family support under this chapter, for costs
15ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02
16(1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision
17in a judgment or order with respect to child support, maintenance or family support
18payments under s. 767.32, each stipulation approved by the court or the family court
19commissioner for child support under this chapter and each order for child or spousal
20support entered under s. 948.22 (7) constitutes an assignment of all commissions,
21earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
22prizes that are payable in instalments and other money due or to be due in the future
23to the
clerk of court or support collection department or its designee
of the county
24where the action is filed. The assignment shall be for an amount sufficient to ensure
25payment under the order or stipulation and to pay any arrearages due at a periodic
1rate not to exceed 50% of the amount of support due under the order or stipulation
2so long as the addition of the amount toward arrearages does not leave the party at
3an income below the poverty line established under
42 USC 9902 (2).
AB100, s. 4990
4Section
4990. 767.265 (2h) of the statutes is amended to read:
AB100,1846,225
767.265
(2h) If a court-ordered assignment does not require immediately
6effective withholding and a payer fails to make a required maintenance, child
7support, spousal support or family support payment within 10 days after its due
8date, within 20 days after the payment's due date the court or family court
9commissioner shall cause the assignment to go into effect
by providing notice of the
10assignment in the manner provided under sub. (2r) and shall send a notice by regular
11mail to the last-known address of the payer. The notice
sent to the payer shall inform
12the payer that an assignment is in effect and that the payer may, within a 10-day
13period, by motion request a hearing on the issue of whether the assignment should
14remain in effect. The court or family court commissioner shall hold a hearing
15requested under this
section subsection within 10 working days after the date of the
16request. If at the hearing the payer establishes that the assignment is not proper
17because of a mistake of fact, the court or family court commissioner may direct that
18the assignment be withdrawn.
If the payer does not request a hearing, the court or
19family court commissioner shall send notice of the assignment to the person from
20whom the payer receives or will receive money. Either party may, within 15 working
21days after the date of
the a decision by a family court commissioner under this
section 22subsection, seek review of the decision by the court with jurisdiction over the action.
AB100, s. 4991
23Section
4991. 767.265 (2r) of the statutes is amended to read:
AB100,1847,1224
767.265
(2r) Upon entry of each order for child support, maintenance, family
25support or support by a spouse and upon approval of each stipulation for child
1support, unless the court finds that income withholding is likely to cause the payer
2irreparable harm or unless s. 767.267 applies, the court shall provide notice of the
3assignment by regular mail
or by facsimile machine, as defined in s. 134.72 (1) (a),
4or other electronic means to the last-known address of the person from whom the
5payer receives or will receive money.
The notice shall provide that the amount
6withheld may not exceed the maximum amount that is subject to garnishment under
715 USC 1673 (b) (2). If the clerk of court or support collection designee, whichever
8is appropriate, does not receive the money from the person notified, the court shall
9provide notice of the assignment to any other person from whom the payer receives
10or will receive money. Notice under this subsection may be a notice of the court, a
11copy of the executed assignment or a copy of that part of the court order directing
12payment.
AB100, s. 4992
13Section
4992
. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is amended to read:
AB100,1848,515
767.265
(2r) Upon entry of each order for child support, maintenance, family
16support or support by a spouse and upon approval of each stipulation for child
17support, unless the court finds that income withholding is likely to cause the payer
18irreparable harm or unless s. 767.267 applies, the court
, family court commissioner
19or county child support agency under s. 59.53 (5) shall provide notice of the
20assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a),
21or other electronic means to the last-known address of the person from whom the
22payer receives or will receive money. The notice shall provide that the amount
23withheld may not exceed the maximum amount that is subject to garnishment under
2415 USC 1673 (b) (2). If the
clerk of court or support collection department or its 25designee, whichever is appropriate, does not receive the money from the person
1notified, the court
, family court commissioner or county child support agency under
2s. 59.53 (5) shall provide notice of the assignment to any other person from whom the
3payer receives or will receive money. Notice under this subsection may be a notice
4of the court, a copy of the executed assignment or a copy of that part of the court order
5directing payment.
AB100, s. 4993
6Section
4993
. 767.265 (3h) of the statutes is amended to read:
AB100,1848,197
767.265
(3h) A person who receives notice of assignment under this section or
8s. 767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. or similar laws
9of another state shall withhold the amount specified in the notice from any money
10that person pays to the payer later than one week after receipt of notice of
11assignment. Within 5 days after the day the person pays money to the payer, the
12person shall send the amount withheld to the clerk of court or support collection
13designee, whichever is appropriate, of the jurisdiction providing notice or, in the case
14of an amount ordered withheld for health care expenses, to the appropriate health
15care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent
16to the clerk of court or support collection designee, the person from whom the payer
17receives money shall receive an amount equal to the person's necessary
18disbursements, not to exceed $3, which shall be deducted from the money to be paid
19to the payer. Section 241.09 does not apply to assignments under this section.
AB100, s. 4994
20Section
4994
. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act
21.... (this act), is amended to read:
AB100,1849,1022
767.265
(3h) A person who receives notice of assignment under this section or
23s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar laws
24of another state shall withhold the amount specified in the notice from any money
25that person pays to the payer later than one week after receipt of notice of
1assignment. Within 5 days after the day the person pays money to the payer, the
2person shall send the amount withheld to the
clerk of court or support collection 3department or its designee, whichever is appropriate,
of the jurisdiction providing
4notice or, in the case of an amount ordered withheld for health care expenses, to the
5appropriate health care insurer, provider or plan. Except as provided in sub. (3m),
6for each payment sent to the
clerk of court or support collection department or its 7designee, the person from whom the payer receives money shall receive an amount
8equal to the person's necessary disbursements, not to exceed $3, which shall be
9deducted from the money to be paid to the payer. Section 241.09 does not apply to
10assignments under this section.
AB100, s. 4995
11Section
4995. 767.265 (3m) of the statutes is amended to read:
AB100,1849,1812
767.265
(3m) Benefits under ch. 108 may be assigned and withheld only in the
13manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108
shall
14be for an amount certain may be for a percentage of benefits payable or for a fixed
15sum, or for a combination of both in the alternative by requiring the withholding of
16the greater or lesser of either a percentage of benefits payable or a fixed sum. When
17money is to be withheld from these benefits, no fee may be deducted from the amount
18withheld and no fine may be levied for failure to withhold the money.
AB100, s. 4996
19Section
4996. 767.265 (4) of the statutes is amended to read:
AB100,1849,2220
767.265
(4) A withholding assignment or order under this section or s. 767.23
21(1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. has priority over any other
22assignment, garnishment or similar legal process under state law.
AB100, s. 4997
23Section
4997
. 767.265 (6) (a) of the statutes is amended to read:
AB100,1850,724
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
25assignment the person from whom the payer receives money fails to withhold the
1money or send the money to the clerk of court or support collection designee or the
2appropriate health care insurer, provider or plan as provided in this section or s.
3767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3., the person may
4be proceeded against under the principal action under ch. 785 for contempt of court
5or may be proceeded against under ch. 778 and be required to forfeit not less than
6$50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
7amount not withheld or sent.
AB100, s. 4998
8Section
4998
. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Act
9.... (this act), is amended to read:
AB100,1850,1810
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
11assignment the person from whom the payer receives money fails to withhold the
12money or send the money to the
clerk of court or support collection department or its 13designee or the appropriate health care insurer, provider or plan as provided in this
14section or s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the
15person may be proceeded against under the principal action under ch. 785 for
16contempt of court or may be proceeded against under ch. 778 and be required to
17forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that
18is equal to 1% of the amount not withheld or sent.
AB100, s. 4999
19Section
4999
. 767.265 (6) (b) of the statutes is amended to read:
AB100,1850,2520
767.265
(6) (b) If an employer who receives an assignment under this section
21or s. 767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. fails to notify
22the clerk of court or support collection designee, whichever is appropriate, within 10
23days after an employe is terminated or otherwise temporarily or permanently leaves
24employment, the employer may be proceeded against under the principal action
25under ch. 785 for contempt of court.
AB100, s. 5000
1Section
5000
. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is amended to read:
AB100,1851,83
767.265
(6) (b) If an employer who receives an assignment under this section
4or s. 767.23 (1) (L), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify
5the
clerk of court or support collection department or its designee, whichever is
6appropriate, within 10 days after an employe is terminated or otherwise temporarily
7or permanently leaves employment, the employer may be proceeded against under
8the principal action under ch. 785 for contempt of court.
AB100, s. 5001
9Section
5001. 767.265 (6) (c) of the statutes is amended to read:
AB100,1851,1810
767.265
(6) (c) No employer may use an assignment under this section or s.
11767.23 (1) (L), 767.25 (4m) (c)
or, 767.51 (3m) (c)
or 767.62 (4) (b) 3. as a basis for the
12denial of employment to a person, the discharge of an employe or any disciplinary
13action against an employe. An employer who denies employment or discharges or
14disciplines an employe in violation of this paragraph may be fined not more than
15$500 and may be required to make full restitution to the aggrieved person, including
16reinstatement and back pay. Except as provided in this paragraph, restitution shall
17be in accordance with s. 973.20. An aggrieved person may apply to the district
18attorney or to the department for enforcement of this paragraph.
AB100, s. 5002
19Section
5002. 767.265 (7) of the statutes is amended to read:
AB100,1851,2420
767.265
(7) A person who receives more than one notice of assignment under
21sub. (3h) may send all money withheld to the
clerk of court or support collection 22department or its designee, whichever is appropriate, in a combined payment,
23accompanied by any information the
clerk of court or support collection department
24or its designee requires.
AB100, s. 5003
25Section
5003. 767.267 (1) of the statutes is amended to read:
AB100,1852,20
1767.267
(1) If the court or the family court commissioner determines that
2income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
3ensure payment under an order or stipulation specified in s. 767.265 (1), or that
4income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
5ineffective or insufficient to ensure payment of a child's health care expenses,
6including payment of health insurance premiums, ordered under s. 767.25 (4m) or
7767.51 (3m), the court or family court commissioner may require the payer to identify
8or establish a deposit account, owned in whole or in part by the payer, that allows for
9periodic transfers of funds and to file with the financial institution at which the
10account is located an authorization for transfer from the account to the
clerk of court
11or support collection department or its designee, whichever is appropriate. The
12authorization shall be provided on a standard form approved by the court and shall
13specify the frequency and the amount of transfer, sufficient to meet the payer's
14obligation under the order or stipulation, as required by the court or family court
15commissioner. The authorization shall include the payer's consent for the financial
16institution or an officer, employe or agent of the financial institution to disclose
17information to the court, family court commissioner,
clerk of court or support
18collection county child support agency under s. 59.53 (5), department or
19department's designee regarding the account for which the payer has executed the
20authorization for transfer.
AB100, s. 5004
21Section
5004. 767.267 (2) of the statutes is amended to read:
AB100,1853,722
767.267
(2) A financial institution that receives an authorization for transfer
23under sub. (1) shall transfer the amounts as specified in the authorization or shall
24transfer the amount available for transfer if at a time of transfer that amount is less
25than the amount specified in the authorization. The financial institution may
1accomplish the transfer by any lawful means, including payment by check, subject
2to the terms of the account. The financial institution may deduct from the payer's
3account for each transfer its usual fee for such fund transfers. If the account is closed
4or if no funds are available at a time of transfer, the financial institution shall notify
5the
clerk of court or support collection county child support agency under s. 59.53 (5)
6or the department or its designee, whichever is appropriate, within 10 days after the
7date on which the funds should have been transferred.
AB100, s. 5005
8Section
5005. 767.267 (5) of the statutes is amended to read:
AB100,1853,139
767.267
(5) A financial institution or an officer, employe or agent of a financial
10institution may disclose information to the court, family court commissioner,
clerk
11of court or support collection county child support agency under s. 59.53 (5),
12department or department's designee concerning an account for which a payer has
13executed an authorization for transfer under sub. (1).
AB100, s. 5006
14Section
5006. 767.27 (2m) of the statutes is amended to read:
AB100,1854,315
767.27
(2m) In every action in which the court has ordered a party to pay child
16support under s. 767.25 or 767.51 or family support under s. 767.261 and the
17circumstances specified in s. 767.075 (1) apply, the court shall require the party who
18is ordered to pay the support to annually furnish the disclosure form required under
19this section and may require that party to annually furnish a copy of his or her most
20recently filed state and federal income tax returns to the
designee county child
21support agency under s. 59.53 (5) for the county in which the order was entered. In
22any action in which the court has ordered a party to pay child support under s. 767.25
23or 767.51 or family support under s. 767.261, the court may require the party who
24is ordered to pay the support to annually furnish the disclosure form required under
25this section and a copy of his or her most recently filed state and federal income tax
1returns to the party for whom the support has been awarded. A party who fails to
2furnish the information as required by the court under this subsection may be
3proceeded against for contempt of court under ch. 785.
AB100, s. 5007
4Section
5007
. 767.27 (2m) of the statutes, as affected by 1997 Wisconsin Act
5.... (this act), is amended to read:
AB100,1854,196
767.27
(2m) In every action in which the court has ordered a party to pay child
7support under s. 767.25
or, 767.51
or 767.62 (4) or family support under s. 767.261
8and the circumstances specified in s. 767.075 (1) apply, the court shall require the
9party who is ordered to pay the support to annually furnish the disclosure form
10required under this section and may require that party to annually furnish a copy
11of his or her most recently filed state and federal income tax returns to the county
12child support agency under s. 59.53 (5) for the county in which the order was entered.
13In any action in which the court has ordered a party to pay child support under s.
14767.25
or, 767.51
or 767.62 (4) or family support under s. 767.261, the court may
15require the party who is ordered to pay the support to annually furnish the disclosure
16form required under this section and a copy of his or her most recently filed state and
17federal income tax returns to the party for whom the support has been awarded. A
18party who fails to furnish the information as required by the court under this
19subsection may be proceeded against for contempt of court under ch. 785.
AB100, s. 5008
20Section
5008. 767.27 (4) of the statutes is amended to read:
AB100,1854,2521
767.27
(4) Failure by either party timely to file a complete disclosure statement
22as required by this section shall authorize the court to accept as accurate any
23information provided in the statement of the other party or obtained under s. 49.22
24(2m) by the department or the county child
and spousal support agency
under s.
2559.53 (5).
AB100, s. 5009
1Section
5009. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and
2amended to read:
AB100,1855,103
767.29
(1) (a) All orders or judgments providing for temporary or permanent
4maintenance, child support or family support payments shall direct the payment of
5all such sums to the
clerk of court, or support collection designee in a county that has
6designated a support collection designee under s. 59.07 (97m),
department or its
7designee for the use of the person for whom the same has been awarded. A party
8securing an order for temporary maintenance, child support or family support
9payments shall forthwith file the order, together with all pleadings in the action,
10with the clerk of court
or support collection designee.
AB100,1855,21
11(c) Except as provided in sub. (1m), the
clerk or support collection department
12or its designee shall disburse the money
so received under the judgment or order
13within 15 days in the manner required by federal regulations and take receipts
14therefor, unless the
clerk or support collection
department or its designee is unable
15to disburse the moneys because they were paid by check or other draft drawn upon
16an account containing insufficient funds. All moneys received or disbursed under
17this section shall be entered in a record kept by the
clerk or support collection 18department or its designee, whichever is appropriate, which shall be open to
19inspection by the
department for the administration of the child and spousal support
20and establishment of paternity program under s. 49.22, the parties to the action
and, 21their attorneys
, and the family court commissioner.