AB442, s. 100
18Section
100. 767.45 (2) of the statutes is repealed.
AB442, s. 101
19Section
101. 767.458 (1) (b) of the statutes is amended to read:
AB442,31,2520
767.458
(1) (b) If the respondent is unable to afford counsel due to indigency,
21and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or
22(6) or the action is commenced on behalf of the child by an attorney appointed under
23s. 767.045
(1) (c) (2) (a), counsel shall be appointed for the respondent as provided in
24s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the
25appointment of counsel;
AB442, s. 102
1Section
102. 767.458 (1) (c) of the statutes is amended to read:
AB442,32,52
767.458
(1) (c)
Except as provided under sub. (1m), the The respondent may
3request the administration of genetic tests which either demonstrate that he is not
4the father of the child or which demonstrate the probability that he is or is not the
5father of the child;
AB442, s. 103
6Section
103. 767.458 (1) (d) of the statutes is amended to read:
AB442,32,87
767.458
(1) (d)
Except as provided under sub. (1m), the The court will order
8genetic tests upon the request of any party; and
AB442, s. 104
9Section
104. 767.458 (1m) of the statutes is repealed.
AB442, s. 105
10Section
105. 767.46 (2) (c) of the statutes is amended to read:
AB442,32,1411
767.46
(2) (c) If the alleged father voluntarily acknowledges paternity of the
12child, that he agree to the duty of support, the legal custody of the child, periods of
13physical placement of the child and other matters as determined
to be in the best
14interests of the child by the court.
AB442, s. 106
15Section
106. 767.46 (4) of the statutes is amended to read:
AB442,32,2016
767.46
(4) If a party or
the any guardian ad litem
appointed under s. 48.235
17or 767.475 (1) refuses to accept a recommendation made under this section and
18genetic tests have not yet been taken, the court shall require the appropriate parties
19to submit to genetic tests. After the genetic tests have been taken the court shall
20make an appropriate final recommendation.
AB442, s. 107
21Section
107. 767.46 (5) of the statutes is amended to read:
AB442,32,2422
767.46
(5) If
the any guardian ad litem
appointed under s. 48.235 or 767.475
23(1) or any party refuses to accept any final recommendation, the action shall be set
24for trial.
AB442, s. 108
25Section
108. 767.465 (2m) (a) of the statutes is amended to read:
AB442,33,7
1767.465
(2m) (a) At any time after service of the summons and petition, a
2respondent who is the alleged father may, with or without appearance in court
and
3subject to the approval of the court, in writing acknowledge that he has read and
4understands the notice under s. 767.455 (5g) and stipulate that he is the father of the
5child and for child support payments, legal custody and physical placement. The
6court may not approve a stipulation for child support unless it provides for payment
7of child support determined in a manner consistent with s. 767.25 or 767.51.
AB442, s. 109
8Section
109. 767.475 (1) of the statutes is amended to read:
AB442,33,129
767.475
(1) Except as provided in s. 767.045 (1) (c), the The court
may appoint
10a guardian ad litem for the child and shall appoint a guardian ad litem for a minor
11parent or minor who is alleged to be a parent in a paternity proceeding unless the
12minor parent or the minor alleged to be the parent is represented by an attorney.
AB442, s. 110
13Section
110. 767.51 (3) of the statutes is amended to read:
AB442,34,314
767.51
(3) The judgment or order may contain any other provision directed
15against the
appropriate party parties to the proceeding, concerning the duty of
16support, the legal custody and guardianship of the child, periods of physical
17placement, the furnishing of bond or other security for the payment of the judgment,
18or any other matter
in the best interest of the child. Unless the court orders
19otherwise, if there is no presumption of paternity under s. 891.41 the mother shall
20have sole legal custody of the child. The court shall order either party or both to pay
21for the support of any child of the parties who is less than 19 years old and is pursuing
22an accredited course of instruction leading to the acquisition of a high school diploma
23or its equivalent. The judgment or order may direct the father to
pay or contribute 24make an equal contribution to the reasonable expenses of the mother's pregnancy
25and confinement during pregnancy and
may shall direct
either party both parties to
1pay or contribute to the costs of genetic tests, attorney fees and other costs.
2Contributions to the costs of genetic tests shall be paid to the county which paid for
3the genetic tests.
AB442, s. 111
4Section
111. 767.51 (4) of the statutes is amended to read:
AB442,34,115
767.51
(4) Support judgments or orders ordinarily shall be for periodic
6payments which may vary in amount if appropriate. The payment amount may be
7expressed as a percentage of the parent's income or as a fixed sum, or as a
8combination of both in the alternative by requiring payment of the greater or lesser
9of either a percentage of the parent's income or a fixed sum. The father's liability for
10past support of the child shall be limited to support for the period after
the birth of
11the child paternity has been adjudicated.
AB442, s. 112
12Section
112. 767.51 (5) (e) of the statutes is amended to read:
AB442,34,1413
767.51
(5) (e) The need and capacity of the child for education
, including higher
14education.
AB442, s. 113
15Section
113. 767.51 (5) (i), (im) and (j) of the statutes are repealed.
AB442, s. 114
16Section
114. 767.51 (6) of the statutes is amended to read:
AB442,34,1917
767.51
(6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29,
18767.293, 767.30, 767.305, 767.31, 767.32
and, 767.325,
767.327 and 767.329, where
19applicable, shall apply to a judgment or order under this section.
AB442, s. 115
20Section
115. 767.52 (1) of the statutes is amended to read:
AB442,35,321
767.52
(1) At the pretrial hearing, at the trial and in any further proceedings
22in any paternity action, any party may be represented by counsel. If the respondent
23is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is
24represented by a government attorney as provided in s. 767.45 (6) or the action is
25commenced on behalf of the child by an attorney appointed under s. 767.045
(1) (c)
1(2) (a), counsel shall be appointed for the respondent as provided in ch. 977, and
2subject to the limitations under sub. (2m), unless the respondent knowingly and
3voluntarily waives the appointment of counsel.
AB442, s. 116
4Section
116. 767.53 (3) of the statutes is created to read:
AB442,35,65
767.53
(3) The records of any past proceeding in which paternity was
6established are open to public inspection under ss. 19.31 to 19.39.
AB442, s. 117
7Section
117. 769.302 of the statutes is amended to read:
AB442,35,16
8769.302 Action by minor parent. A minor parent, or a guardian or other
9legal representative of a minor parent, may maintain a proceeding on behalf of or for
10the benefit of the minor's child. Notwithstanding s.
767.045 (1) or 803.01 (3),
the
11court may appoint a guardian ad litem for the minor's child, but the court need not
12appoint a guardian ad litem for a minor parent who maintains such a proceeding
13unless the proceeding is one for the determination of parentage, in which case the
14court or a family court commissioner shall appoint a guardian ad litem for a minor
15parent within this state who maintains such a proceeding or for a minor within this
16state who is alleged to be a parent, as provided in s. 767.475 (1).
AB442, s. 118
17Section
118. 802.12 (3) (b) of the statutes is amended to read:
AB442,35,2018
802.12
(3) (b) If a guardian ad litem has been appointed
under s. 48.235, he or
19she shall be a party to any settlement alternative regarding custody, physical
20placement, visitation rights, support or other interests of the ward.
AB442, s. 119
21Section
119. 803.01 (3) (b) 1. of the statutes is amended to read:
AB442,36,222
803.01
(3) (b) 1. The guardian ad litem shall be appointed by a circuit court of
23the county where the action is to be commenced or is pending, except that
the a 24guardian ad litem
appointed under s. 767.475 (1) shall be appointed by a family court
1commissioner of the county in
those actions to establish paternity that are before the
2family court commissioner.
AB442, s. 120
3Section
120. 803.01 (3) (b) 2. of the statutes is amended to read:
AB442,36,114
803.01
(3) (b) 2. When the plaintiff is a minor 14 years of age or over, upon the
5plaintiff's application or upon the state's application under s. 767.045
(1) (c) (2) (a);
6or if the plaintiff is under that age or is mentally incompetent, upon application of
7the plaintiff's guardian or of a relative or friend or upon application of the state under
8s. 767.045
(1) (c) (2) (a). If the application is made by a relative, friend or the state,
9notice thereof must first be given to the guardian if the plaintiff has one in this state;
10if the plaintiff has none, then to the person with whom the minor or mentally
11incompetent resides or who has the minor or mentally incompetent in custody.
AB442, s. 121
12Section
121. 814.61 (1) (c) of the statutes is amended to read:
AB442,36,1613
814.61
(1) (c) Paragraphs (a) and (b) do not apply to any action to determine
14paternity brought by the state or its delegate under s. 767.45 (1) (g) or (h) or
15commenced on behalf of the child by an attorney appointed under s. 767.045
(1) (c) 16(2) (a) or to an action under ch. 769.
AB442, s. 122
17Section
122. 814.61 (7) (c) of the statutes is amended to read:
AB442,36,2318
814.61
(7) (c) Paragraphs (a) and (b) do not apply to a petition or motion filed
19by the state or its delegate in connection with an action to determine paternity under
20s. 767.45 (1) (g), to a petition or motion filed by an attorney appointed under s.
21767.045
(1) (c) (2) (a) in connection with an action to determine paternity when the
22circumstances specified in s. 767.045
(1) (c) (2) (a) 1. or 2. apply or to a petition or
23motion filed in an action under ch. 769.
AB442, s. 123
24Section
123. 891.39 (1) (a) of the statutes is renumbered 891.39 (1) and
25amended to read:
AB442,37,8
1891.39
(1) Whenever it is established in an action or proceeding that a child was
2born to a woman while she was the lawful wife of a specified man, any party asserting
3in such action or proceeding that the husband was not the father of the child shall
4have the burden of proving that assertion by a clear and satisfactory preponderance
5of the evidence. In all such actions or proceedings the husband and the wife are
6competent to testify as witnesses to the facts.
The
Except as provided in s. 767.045,
7the court or judge in such cases shall appoint a guardian ad litem to appear for and
8represent the child whose paternity is questioned.
AB442, s. 124
9Section
124. 891.39 (1) (b) of the statutes is repealed.
AB442, s. 125
10Section
125. 977.05 (4) (i) 7. of the statutes is amended to read:
AB442,37,1411
977.05
(4) (i) 7. Cases involving paternity determinations, as specified under
12s. 767.52, in which the state is the petitioner under s. 767.45 (1) (g) or in which the
13action is commenced on behalf of the child by an attorney appointed under s. 767.045
14(1) (c) (2) (a).
AB442, s. 126
15Section
126. 977.05 (6) (b) 1. of the statutes is amended to read:
AB442,37,1716
977.05
(6) (b) 1. The action is not brought by the state, its delegate under s.
1759.458 (1) or an attorney appointed under s. 767.045
(1) (c) (2) (a).
AB442,37,2119
(1) This act first applies to actions affecting the family, including an action to
20enforce or modify a judgment or order in an action affecting the family previously
21granted, that are commenced on the effective date of this subsection.