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.
AB100,1856,10
22(e) If the maintenance, child support or family support payments adjudged or
23ordered to be paid
shall are not
be paid to the
clerk or support collection department
24or its designee at the time provided in the judgment or order, the
clerk or support
25collection designee county child support agency under s. 59.53 (5) or the family court
1commissioner of the county shall take such proceedings as he or she considers
2advisable to secure the payment of the sum including enforcement by contempt
3proceedings under ch. 785 or by other means. Copies of any order issued to compel
4the payment shall be mailed to counsel who represented each party when the
5maintenance, child support or family support payments were awarded. In case any
6fees of officers in any of the proceedings, including the compensation of the family
7court commissioner at the rate of $50 per day unless the commissioner is on a
8salaried basis, is not collected from the person proceeded against, the fees shall be
9paid out of the county treasury upon the order of the presiding judge and the
10certificate of the
clerk of court or support collection designee department.
AB100, s. 5010
11Section
5010. 767.29 (1) (b) of the statutes is created to read:
AB100,1856,1712
767.29
(1) (b) Upon request, after the filing of an order or judgment or the
13receipt of an interim disbursement order, the clerk of court shall advise the county
14child support agency under s. 59.53 (5) of the terms of the order or judgment within
152 business days after the filing or receipt. The county child support agency shall,
16within the time required by federal law, enter the terms of the order or judgment into
17the statewide support data system, as required by s. 59.53 (5) (b).
AB100, s. 5011
18Section
5011. 767.29 (1) (d) of the statutes is created to read:
AB100,1857,719
767.29
(1) (d) For receiving and disbursing maintenance, child support or
20family support payments, and for maintaining the records required under par. (c),
21the department or its designee shall collect an annual fee of $25 to be paid by each
22party ordered to make payments. The court or family court commissioner shall order
23each party ordered to make payments to pay the annual fee under this paragraph at
24the time of, and in addition to, the first payment to the department or its designee
25in each year for which payments are ordered. All fees collected under this paragraph
1shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time
2of ordering the payment of an annual fee under this paragraph, the court or family
3court commissioner shall notify each party ordered to make payments of the
4requirement to pay the annual fee and of the amount of the annual fee. If the annual
5fee under this section is not paid when due, the department or its designee may not
6deduct the annual fee from the maintenance or child or family support payment, but
7may do any of the following:
AB100,1857,88
1. Move the court for a remedial sanction under ch. 785.
AB100,1857,109
2. Apply to the court or family court commissioner for an assignment relating
10to the annual fee in accordance with s. 767.265.
AB100, s. 5012
11Section
5012. 767.29 (1) (f) of the statutes is created to read:
AB100,1857,2012
767.29
(1) (f) If the department determines that the statewide automated
13support and maintenance receipt and disbursement system will be operational
14before October 1, 1999, the department shall publish a notice in the Wisconsin
15Administrative Register that states the date on which the system will begin
16operating. Before that date or October 1, 1999, whichever is earlier, the circuit
17courts, county child support agencies under s. 59.53 (5), clerks of court and employers
18shall cooperate with the department in any measures taken to ensure an efficient
19and orderly transition from the countywide system of support receipt and
20disbursement to the statewide system.
AB100, s. 5013
21Section
5013
. 767.29 (1m) (intro.) of the statutes is amended to read:
AB100,1858,322
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261
and, 767.51 (5p)
23and 767.62 (4) (g), if the clerk of court or support collection designee receives support
24or maintenance money that exceeds the amount due in the month in which it is
25received and that the clerk or support collection designee determines is for support
1or maintenance due in a succeeding month, the clerk or support collection designee
2may hold the amount of overpayment that does not exceed the amount due in the next
3month for disbursement in the next month if any of the following applies:
AB100, s. 5014
4Section
5014
. 767.29 (1m) (intro.) of the statutes, as affected by 1997
5Wisconsin Act .... (this act), is amended to read:
AB100,1858,136
767.29
(1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261, 767.51 (5p) and
7767.62 (4) (g), if the
clerk of court or support collection department or its designee
8receives support or maintenance money that exceeds the amount due in the month
9in which it is received and that the
clerk or support collection department or its 10designee determines is for support or maintenance due in a succeeding month, the
11clerk or support collection department or its designee may hold the amount of
12overpayment that does not exceed the amount due in the next month for
13disbursement in the next month if any of the following applies:
AB100, s. 5015
14Section
5015. 767.29 (1m) (d) of the statutes is amended to read:
AB100,1858,1615
767.29
(1m) (d) The
clerk or support collection department or its designee
16determines that the overpayment should be held until the month when it is due.
AB100, s. 5016
17Section
5016. 767.29 (2) of the statutes is amended to read:
AB100,1859,1118
767.29
(2) If any party entitled to maintenance payments or support money,
19or both, is receiving public assistance under ch. 49, the party may assign the party's
20right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
21assistance. Such assignment shall be approved by order of the court granting the
22maintenance payments or support money, and may be terminated in like manner;
23except that it shall not be terminated in cases where there is any delinquency in the
24amount of maintenance payments and support money previously ordered or
25adjudged to be paid to the assignee without the written consent of the assignee or
1upon notice to the assignee and hearing. When an assignment of maintenance
2payments or support money, or both, has been approved by the order, the assignee
3shall be deemed a real party in interest within s. 803.01 but solely for the purpose
4of securing payment of unpaid maintenance payments or support money adjudged
5or ordered to be paid, by participating in proceedings to secure the payment thereof.
6Notwithstanding assignment under this subsection, and without further order of the
7court, the
clerk of court or support collection department or its designee, upon
8receiving notice that a party or a minor child of the parties is receiving
aid under s.
949.19 public assistance under ch. 49, shall forward all support assigned under s.
1048.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the
department assignee under s.
1149.19 (4) (h) 1. or 49.45 (19).
AB100, s. 5017
12Section
5017. 767.29 (3) of the statutes is renumbered 767.29 (3) (a).
AB100, s. 5018
13Section
5018. 767.29 (3) (b) of the statutes is created to read:
AB100,1859,2414
767.29
(3) (b) If a child who is the beneficiary of support under a judgment or
15order is placed by court order in a child caring institution, juvenile correctional
16institution or state mental institution, the right of the child or a parent of the child
17to support or maintenance during the period of the child's confinement, including any
18right to unpaid support or maintenance accruing during that period, is assigned to
19the state. If the judgment or order providing for the support of a child who is placed
20in a child caring institution, juvenile correctional institution or state mental
21institution includes support for one or more other children, the support under the
22judgment or order that is assigned to the state shall be the proportionate share of the
23child placed in the institution, except as otherwise ordered by the court or family
24court commissioner on the motion of a party.
AB100, s. 5019
25Section
5019. 767.293 (1) of the statutes is amended to read:
AB100,1860,23
1767.293
(1) If an order for child support under this chapter or s. 948.22 (7), an
2order for family support under this chapter or a stipulation approved by the court or
3the family court commissioner for child support under this chapter requires a payer
4to pay child or family support in an amount that is expressed as a percentage of
5parental income, the payee, including the state or
its designee a county child support
6agency under s. 59.53 (5) if the state is a real party in interest under s. 767.075 (1),
7may establish an arrearage by filing an affidavit in the action in which the order for
8the payment of support was entered or the stipulation for support was approved. The
9affidavit shall state the amount of the arrearage and the facts supporting a
10reasonable basis on which the arrearage was determined and may state the payer's
11current income and the facts supporting a reasonable basis on which the payer's
12current income was determined. Not later than 60 days after filing the affidavit, the
13payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1)
14(a) or (b) or by sending the affidavit by registered or certified mail to the last-known
15address of the payer. After the payee files a proof of service on the payer, the court
16shall send a notice to the payer by regular, registered or certified mail to the payer's
17last-known address. The notice shall provide that, unless the payer requests a
18hearing to dispute the arrearage or the amount of the arrearage not later than 20
19days after the date of the notice, the court or family court commissioner may enter
20an order against the payer in the amount stated in the affidavit and may provide
21notice of assignment under s. 767.265. The notice shall include the mailing address
22to which the request for hearing must be mailed or delivered in order to schedule a
23hearing under sub. (2).
AB100, s. 5020
24Section
5020. 767.295 (2) (a) (intro.) of the statutes is amended to read:
AB100,1861,7
1767.295
(2) (a) (intro.) In an action for modification of a child support order
2under s. 767.32, an action in which an order for child support is required under s.
3767.25 (1)
or, 767.51 (3)
or 767.62 (4) (a) or a contempt of court proceeding to enforce
4a child support or family support order in a county that contracts under s. 49.36 (2),
5the court may order a parent who is not a custodial parent to register for a work
6experience and job training program under s. 49.36 if all of the following conditions
7are met:
AB100, s. 5021
8Section
5021. 767.295 (2) (c) of the statutes is amended to read:
AB100,1861,209
767.295
(2) (c) If the court enters an order under par. (a), it shall order the
10parent to pay child support equal to the amount determined by applying the
11percentage standard established under s. 49.22 (9) to the income a person would earn
12by working 40 hours per week for the federal minimum hourly wage under
29 USC
13206 (a) (1) or equal to the amount of child support that the parent was ordered to pay
14in the most recent determination of support under this chapter. The child support
15obligation ordered under this paragraph continues until the parent makes timely
16payment in full for 3 consecutive months or until the person participates in the
17program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide
18in its order that the parent must make child support payments calculated under s.
19767.25 (1j) or (1m)
or, 767.51 (4m) or (5)
or 767.62 (4) (d) 1. or (e) after the obligation
20to make payments ordered under this paragraph ceases.
AB100, s. 5022
21Section
5022. 767.30 (1) of the statutes is amended to read:
AB100,1862,422
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
234., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363
24(2), support or maintenance under s. 767.08, child support, family support or
25maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
1767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity
2obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal
3support under s. 948.22 (7), the court may provide that any payment be paid in the
4amounts and at the times that it considers expedient.
AB100, s. 5023
5Section
5023
. 767.30 (1) of the statutes, as affected by 1997 Wisconsin Act ....
6(this act), is amended to read:
AB100,1862,157
767.30
(1) If the court orders any payment for support under s. 48.355 (2) (b)
84., 48.357 (5m), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2),
9support or maintenance under s. 767.08, child support, family support or
10maintenance under s. 767.23, child support under s. 767.25, maintenance under s.
11767.26, family support under s. 767.261, attorney fees under s. 767.262,
child support
12or a child's health care expenses under s. 767.477, paternity obligations under s.
13767.458 (3), 767.51
or 767.62 (4), support arrearages under s. 767.293 or child or
14spousal support under s. 948.22 (7), the court may provide that any payment be paid
15in the amounts and at the times that it considers expedient.
AB100, s. 5024
16Section
5024. 767.303 (1) of the statutes is amended to read:
AB100,1863,317
767.303
(1) If a person fails to pay a payment ordered for support under s.
18767.077, support under s. 767.08, child support or family support under s. 767.23,
19child support under s. 767.25, family support under s. 767.261, revised child or
20family support under s. 767.32, child support under s. 767.458 (3),
child support
21under s. 767.477, child support under s. 767.51,
child support under s. 767.62 (4) (a), 22child support under ch. 769 or child support under s. 948.22 (7), the payment is 90
23or more days past due and the court finds that the person has the ability to pay the
24amount ordered, the court may suspend the person's operating privilege, as defined
25in s. 340.01 (40), until the person pays all arrearages in full or makes payment
1arrangements that are satisfactory to the court, except that the suspension period
2may not exceed 5 years. If otherwise eligible, the person is eligible for an
3occupational license under s. 343.10 at any time.
AB100, s. 5025
4Section
5025. 767.305 of the statutes is amended to read:
AB100,1863,14
5767.305 Enforcement; contempt proceedings. In all cases where a party
6has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
7767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183
(2) (4), 938.355
8(2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as
9ordered by the court to satisfy such obligation, and where the wage assignment
10proceeding under s. 767.265 and the account transfer under s. 767.267 are
11inapplicable, impractical or unfeasible, the court may on its own initiative, and shall
12on the application of the receiving party, issue an order requiring the payer to show
13cause at some reasonable time therein specified why he or she should not be punished
14for such misconduct as provided in ch. 785.
AB100, s. 5026
15Section
5026
. 767.305 of the statutes, as affected by 1997 Wisconsin Act ....
16(this act), is amended to read:
AB100,1864,2
17767.305 Enforcement; contempt proceedings. In all cases where a party
18has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2),
19767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293,
767.458 (3), 767.477,
20767.51, 767.62 (4), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has
21failed within a reasonable time or as ordered by the court to satisfy such obligation,
22and where the wage assignment proceeding under s. 767.265 and the account
23transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may
24on its own initiative, and shall on the application of the receiving party, issue an order
1requiring the payer to show cause at some reasonable time therein specified why he
2or she should not be punished for such misconduct as provided in ch. 785.
AB100, s. 5027
3Section
5027. 767.32 (1) (a) of the statutes is amended to read:
AB100,1865,44
767.32
(1) (a) After a judgment or order providing for child support under this
5chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2) (4), 938.355 (2) (b)
64., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26
7or family support payments under this chapter, or for the appointment of trustees
8under s. 767.31, the court may, from time to time, on the petition, motion or order to
9show cause of either of the parties, or upon the petition, motion or order to show cause
10of the department, a county department under s. 46.215, 46.22 or 46.23 or a
county 11child support
program designee agency under s. 59.53 (5) if an assignment has been
12made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if
13either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and
14upon notice to the family court commissioner, revise and alter such judgment or order
15respecting the amount of such maintenance or child support and the payment
16thereof, and also respecting the appropriation and payment of the principal and
17income of the property so held in trust, and may make any judgment or order
18respecting any of the matters that such court might have made in the original action,
19except that a judgment or order that waives maintenance payments for either party
20shall not thereafter be revised or altered in that respect nor shall the provisions of
21a judgment or order with respect to final division of property be subject to revision
22or modification. A revision, under this section, of a judgment or order with respect
23to an amount of child or family support may be made only upon a finding of a
24substantial change in circumstances. In any action under this section to revise a
25judgment or order with respect to maintenance payments, a substantial change in
1the cost of living by either party or as measured by the federal bureau of labor
2statistics may be sufficient to justify a revision of judgment or order with respect to
3the amount of maintenance, except that a change in an obligor's cost of living is not
4in itself sufficient if payments are expressed as a percentage of income.
AB100, s. 5028
5Section
5028. 767.32 (1) (b) 4. of the statutes is amended to read:
AB100,1865,116
767.32
(1) (b) 4. A difference between the amount of child support ordered by
7the court to be paid by the payer and the amount that the payer would have been
8required to pay based on the percentage standard established by the department
9under s. 49.22 (9) if the court did not use the percentage standard in determining the
10child support payments and did not provide the information required under s. 46.10
11(14) (d),
301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.
AB100, s. 5029
12Section
5029
. 767.32 (1) (b) 4. of the statutes, as affected by 1997 Wisconsin
13Act .... (this act), is amended to read:
AB100,1865,2014
767.32
(1) (b) 4. A difference between the amount of child support ordered by
15the court to be paid by the payer and the amount that the payer would have been
16required to pay based on the percentage standard established by the department
17under s. 49.22 (9) if the court did not use the percentage standard in determining the
18child support payments and did not provide the information required under s. 46.10
19(14) (d), 301.12 (14) (d), 767.25 (1n)
or, 767.51 (5d)
or 767.62 (4) (f), whichever is
20appropriate.