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4958. 767.001 (7) of the statutes is repealed.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4960. 767.025 (3) of the statutes is repealed.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.
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.