AB195: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB195, s. 1 Section 1. 767.23 (1) (c) of the statutes is amended to read:

AB195,2,6 767.23 (1) (c) Requiring Except as provided in sub. (1p), requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

AB195, s. 2 Section 2. 767.23 (1) (e) of the statutes is amended to read:

AB195,2,9 767.23 (1) (e) Requiring Except as provided in sub. (1p), requiring either party to pay family support under s. 767.261.

AB195, s. 3 Section 3. 767.23 (1n) of the statutes is amended to read:

AB195,3,4 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If Except as provided in sub. (1p), if the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB195, s. 4 Section 4. 767.23 (1p) of the statutes is created to read:

AB195,3,17 767.23 (1p) The court or family court commissioner may reduce the amount of child support that would be required by using the percentage standard established by the department under s. 49.22 (9), and may require that no child support be paid, for a child who is 16 or 17 years old and who is not enrolled in a school program or a high school equivalency program, including a home-based private educational program, as defined in s. 115.001 (3g), unless the child has graduated from high school or been granted a declaration of high school equivalency. If, under this subsection, the court or family court commissioner reduces the amount of child support that would be required by using the percentage standard or requires that no child support be paid, the court or family court commissioner shall state in writing or on the record the reasons for the amount of the reduction or for the determination that no child support be paid.

AB195, s. 5 Section 5. 767.25 (1) (a) of the statutes is amended to read:

AB195,3,23 767.25 (1) (a) Order Except as provided in sub. (4c), order either or both parents to pay an amount reasonable or necessary to fulfill a duty to support a child. The support amount may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

AB195, s. 6 Section 6. 767.25 (1j) of the statutes is amended to read:

AB195,4,3 767.25 (1j) Except as provided in sub. (1m) or (4c), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 (9).

AB195, s. 7 Section 7. 767.25 (4c) of the statutes is created to read:

AB195,4,15 767.25 (4c) The court may reduce the amount of child support that would be required by using the percentage standard established by the department under s. 49.22 (9), and may require that no child support be paid, for any child who is 16 or 17 years old and who is not enrolled in a school program or a high school equivalency program, including a home-based private educational program, as defined in s. 115.001 (3g), unless the child has graduated from high school or been granted a declaration of high school equivalency. If, under this subsection, the court reduces the amount of child support that would be required by using the percentage standard or requires that no child support be paid, the court shall state in writing or on the record the reasons for the amount of the reduction or for the determination that no child support be paid.

AB195, s. 8 Section 8. 767.261 (intro.) of the statutes is amended to read:

AB195,5,2 767.261 Family support. (intro.) The Subject to s. 767.25 (4c), the court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB195, s. 9 Section 9. 767.32 (1) (b) 4. of the statutes is amended to read:

AB195,5,9 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under sub. (2c) or s. 46.10 (14) (d), 767.25 (1n) or (4c) or 767.51 (5d) or (5f), whichever is appropriate.

AB195, s. 10 Section 10. 767.32 (2) of the statutes is amended to read:

AB195,5,13 767.32 (2) Except as provided in sub. (2c), (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under s. 49.22 (9).

AB195, s. 11 Section 11. 767.32 (2c) of the statutes is created to read:

AB195,6,2 767.32 (2c) If the court revises a judgment or order with respect to child support payments the court may reduce the amount of child support that would be required by using the percentage standard established by the department under s. 49.22 (9), and may require that no child support be paid, for a child who is 16 or 17 years old and who is not enrolled in a school program or a high school equivalency program, including a home-based private educational program, as defined in s. 115.001 (3g), unless the child has graduated from high school or been granted a declaration of high school equivalency. If, under this subsection, the court reduces the amount of child support that would be required by using the percentage standard or requires that no child support be paid, the court shall state in writing or on the record the reasons for the amount of the reduction or for the determination that no child support be paid.

AB195, s. 12 Section 12. 767.51 (4m) of the statutes is amended to read:

AB195,6,6 767.51 (4m) Except as provided in sub. (5) or (5f), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 (9).

AB195, s. 13 Section 13. 767.51 (5f) of the statutes is created to read:

AB195,6,18 767.51 (5f) The court may reduce the amount of child support that would be required by using the percentage standard established by the department under s. 49.22 (9), and may require that no child support be paid, for any child who is 16 or 17 years old and who is not enrolled in a school program or a high school equivalency program, including a home-based private educational program, as defined in s. 115.001 (3g), unless the child has graduated from high school or been granted a declaration of high school equivalency. If, under this subsection, the court reduces the amount of child support that would be required by using the percentage standard or requires that no child support be paid, the court shall state in writing or on the record the reasons for the amount of the reduction or for the determination that no child support be paid.

AB195, s. 14 Section 14. Initial applicability.

AB195,6,22 (1) This act first applies to temporary orders, final judgments and orders, and revisions of judgments and orders, that are granted on the effective date of this subsection.

AB195,6,23 (End)