The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB584, s. 1
1Section
1. 49.22 (9m) of the statutes is created to read:
AB584,3,72
49.22
(9m) The department shall promulgate rules that provide cost-of-living
3indices for courts to use in ordering adjustments in child support under s. 767.33 (1)
4(b). Those indices may include the consumer price index for all urban consumers,
5U.S. city average, as determined by the U.S. bureau of labor statistics or any other
6consumer price index published by the U.S. bureau of labor statistics that the
7department finds appropriate.
AB584, s. 2
8Section
2. 767.33 (title) of the statutes is amended to read:
AB584,3,10
9767.33 (title)
Annual adjustments Adjustments in child support order
10and family support orders.
AB584, s. 3
11Section
3. 767.33 (1) of the statutes is renumbered 767.33 (1) (a) and amended
12to read:
AB584,4,813
767.33
(1) (a) An order for child support under
s. 767.23 or 767.25 this chapter
14or under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
15938.357 (5m), 938.363 (2) or 948.22 (7) or for family support under s. 767.261 to which
16this section applies under sub. (1m) may provide for an adjustment in the amount
17to be paid based on a change in the obligor's income, as reported on the disclosure
18form under s. 767.27 (2m) or as disclosed
under s. 49.22 (2m) to the department or
19county child
and spousal support agency under s.
49.22 (2m). The order may 59.53
1(5). An order for child support or family support that provides for an adjustment
2under this paragraph shall specify the date on which the
annual adjustment becomes
3effective. No adjustment may be made
under this paragraph unless the order so
4provides and the party receiving payments
or the department, a county department
5under s. 46.215, 46.22 or 46.23 or a county child support agency under s. 59.53 (5) 6applies for
an the adjustment as provided in sub. (2)
(a). An adjustment under this
7section paragraph may be made
only not more than once in any year.
an adjustment
8made under this paragraph shall be compounded.
AB584, s. 4
9Section
4. 767.33 (1) (b) of the statutes is created to read:
AB584,4,2410
767.33
(1) (b) An order for child support under this chapter or under s. 48.355
11(2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363
12(2) or 948.22 (7) or for family support under s. 767.261 to which this section applies
13under sub. (1m) shall provide for an adjustment in the amount to be paid based on
14a change in the cost of living, unless the order contains a provision that has the same
15effect as a cost-of-living adjustment provision or the parties agree in writing to
16waive cost-of-living adjustments. An order for child support or family support that
17provides for a cost-of-living adjustment under this paragraph shall specify the
18cost-of-living index provided by the department under s. 49.22 (9m) to be applied
19and the date on which the adjustment becomes effective. No adjustment may be
20made under this paragraph unless the order so provides and the party receiving
21payments or the department, a county department under s. 46.215, 46.22 or 46.23
22or a county child support agency under s. 59.53 (5) applies for the adjustment as
23provided in sub. (2) (a). An adjustment under this paragraph may be made not more
24than once very 2 years. An adjustment under this paragraph shall be compounded.
AB584, s. 5
25Section
5. 767.33 (1m) (a) of the statutes is amended to read:
AB584,5,5
1767.33
(1m) (a) Except as provided in par. (b), this section applies only to an
2order
under s. 767.23 or 767.25 for child support or family support in which payment
3is expressed as a fixed sum.
It This section does not apply to
such an order
for child
4support or family support in which payment is expressed as a percentage of parental
5income.
AB584, s. 6
6Section
6. 767.33 (1m) (b) of the statutes is amended to read:
AB584,5,107
767.33
(1m) (b) If payment is expressed in an order
under s. 767.23 or 767.25 8for child support or family support in the alternative as the greater or lesser of either
9a percentage of parental income or a fixed sum, this section applies only to the fixed
10sum alternative under the order.
AB584, s. 7
11Section
7. 767.33 (2) of the statutes is renumbered 767.33 (2) (a) and amended
12to read:
AB584,6,213
767.33
(2) (a) An adjustment under sub. (1)
(a) or (b) may be made only if the
14party receiving payments
or, if an assignment has been made under s. 46.261, 48.57
15(3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if the party receiving payments
16or his or her minor child is receiving aid under s. 48.57 or ch. 49, the department, a
17county department under s. 46.215, 46.22 or 46.23 or a county child support agency
18under s. 59.53 (5) applies to the family court commissioner for the adjustment.
If the
19order specifies the date on which the annual adjustment becomes effective, the The 20application to the family court commissioner must be made at least 20 days before
21the effective date of the adjustment. The family court commissioner, upon
22application
by the party receiving payments under this paragraph, shall send a
23notice by certified mail to the last-known address of the obligor. The notice shall be
24postmarked no later than 10 days after the date on which the application was filed
25and shall inform the obligor
that an of the amounts of the adjustment in payments
1and that the adjustment will become effective on the date specified in the order
or,
2if no date is specified in the order, 10 days after the date on which the notice is sent.
AB584,6,7
3(b) The obligor may, after receipt of notice and before the effective date of the
4adjustment, request a hearing on the issue of whether the adjustment should take
5effect, in which case the adjustment shall be held in abeyance pending the outcome
6of the hearing. The family court commissioner shall hold a hearing requested under
7this
subsection paragraph within 10 working days after the request.
AB584,6,15
8(c) If at the hearing
on an adjustment under sub. (1) (a) the obligor establishes
9that extraordinary circumstances beyond his or her control prevent fulfillment of the
10adjusted
child support obligation, the family court commissioner may direct that all
11or part of the adjustment not take effect until the obligor is able to fulfill the adjusted
12obligation. If at the hearing
on an adjustment under sub. (1) (a) the obligor does not
13establish that extraordinary circumstances beyond his or her control prevent
14fulfillment of the adjusted obligation, the adjustment shall take effect as of the date
15it that the adjustment would have become effective had no hearing been requested.
AB584,6,18
16(e) Either party may, within 15 working days
of after the date of the decision
17by the family court commissioner under
this subsection
par. (c) or (d), seek review of
18the decision by the court with jurisdiction over the action.
AB584, s. 8
19Section
8. 767.33 (2) (d) of the statutes is created to read:
AB584,7,420
767.33
(2) (d) If at the hearing on an adjustment under sub. (1) (b) the obligor
21establishes that an insufficient increase in his or her income or extraordinary
22circumstances beyond his or her control prevent fulfillment of the adjusted
23obligation, the family court commissioner may direct that all or part of the
24adjustment not take effect until the obligor is able to fulfill the adjusted obligation.
25If at the hearing on an adjustment under sub. (1) (b) the obligor does not establish
1that an insufficient increase in his or her income or extraordinary circumstances
2beyond his or her control prevent fulfillment of the adjusted obligation, the
3adjustment shall take effect as of the date that the adjustment would have become
4effective had no hearing been requested.
AB584, s. 9
5Section
9. 767.33 (3) of the statutes is created to read:
AB584,7,136
767.33
(3) In any action to enforce or revise an order for child support or family
7support to which this section applies under sub. (1m) that was entered before the
8effective date of this subsection .... [revisor inserts date], and that does not provide
9for an adjustment in the amount to be paid based on a change in the cost of living,
10the court shall include in its enforcement or revision order a cost-of-living
11adjustment provision, unless the order for child support or for family support already
12has a cost-of-living adjustment provision or a provision that has the same effect as
13a cost-of-living adjustment provision.
AB584, s. 10
14Section
10. 767.51 (6) of the statutes is amended to read:
AB584,7,1715
767.51
(6) Sections 767.24, 767.245, 767.263, 767.265, 767.267, 767.29,
16767.293, 767.30, 767.305, 767.31, 767.32
and, 767.325
and 767.33, where applicable,
17shall apply to a judgment or order under this section.
AB584, s. 11
18Section
11. 808.075 (4) (d) 3. of the statutes is amended to read:
AB584,7,1919
808.075
(4) (d) 3. Annual adjustment of child support under s. 767.33
(1) (a).
AB584, s. 12
20Section
12. 808.075 (4) (d) 3m. of the statutes is created to read:
AB584,7,2121
808.075
(4) (d) 3m. Biennial adjustment of child support under s. 767.33 (1) (b).
AB584,7,2423
(1) This act first applies to orders entered on the effective date of this
24subsection.