AB651: Bill Text

AB651, s. 450 Section 450 . 767.45 (1) (c) of the statutes is amended to read:

AB651,205,17 767.45 (1) (c) A Unless s. 767.62 (1) applies, a man presumed to be the child's father under s. 891.405 or 891.41 (1).

AB651, s. 451 Section 451. 767.45 (1) (k) of the statutes is amended to read:

AB651,205,23 767.45 (1) (k) In conjunction with the filing of a petition for visitation with respect to the child under s. 767.245 (3), a parent of a person who has filed a declaration of paternal interest under s. 48.025 or with respect to the child or a parent of a person who, before April 1, 1998, signed and filed a statement acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.

AB651, s. 452 Section 452. 767.45 (5) (b) of the statutes is amended to read:

AB651,206,13 767.45 (5) (b) An action under this section may be joined with any other action for child support and shall be governed by the procedures specified in s. 767.05 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any judge or court commissioner, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court which rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a genetic test under s. 49.225 or 767.48.

AB651, s. 453 Section 453 . 767.45 (5m) of the statutes is amended to read:

AB651,207,3 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m), 767.477, 767.62 and 769.401, unless a man is either presumed the child's father under s. 891.41 or (1), is adjudicated the child's father either under s. 767.51 or by final order or judgment of a court of competent jurisdiction in another state or has acknowledged himself to be the child's father, no order or temporary order may be entered for child support, legal custody or physical placement until the man is adjudicated the father using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss. 767.477, 767.62 and 769.401, the exclusive procedure for establishment of child support obligations, legal custody or physical placement rights for a man who is neither not presumed the child's father under s. 891.41 nor (1), adjudicated the father or acknowledged to be the father is by an action under ss. 767.45 to 767.60 or under s. 769.701. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.

AB651, s. 454 Section 454. 767.45 (6m) of the statutes is amended to read:

AB651,207,10 767.45 (6m) The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father is named on the birth certificate of a child who is a resident of the county if paternity has not been adjudicated or acknowledged, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

AB651, s. 455 Section 455. 767.45 (6p) of the statutes is repealed.

AB651, s. 456 Section 456. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB651,207,19 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you only upon one or more of the genetic tests taken during the proceedings showing if the results of one or more genetic tests show that you are excluded as the father and that the statistical probability of your being the father is less than 99.0%. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

AB651, s. 457 Section 457. 767.455 (5g) (form) 3. of the statutes is amended to read:

AB651,207,25 767.455 (5g) (form) 3. You may request genetic tests which will indicate the probability that you are or are not the father of the child. The court or county child support agency will order genetic tests on request by you, the state or any other party. Any person who refuses to take court-ordered genetic tests may be punished for contempt of court.

AB651, s. 458 Section 458. 767.455 (5g) (form) 7. of the statutes is amended to read:

AB651,208,10 767.455 (5g) (form) 7. If you fail to appear at any stage of the proceeding, including a scheduled court-ordered genetic test, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you at your address on file with the court, unless within those 30 days you present to the court evidence of good cause for your failure to appear or your failure to have undergone a court-ordered genetic test. You need not appear at the time and place specified in the summons if you complete the attached waiver of first appearance statement and deliver it to the court by the date specified in the waiver of first appearance statement.

AB651, s. 459 Section 459. 767.455 (5r) (form) 2. of the statutes is amended to read:

AB651,208,18 767.455 (5r) (form) 2. I understand that I will be notified by the court of all future stages in the proceeding and agree to appear at those stages. If I fail to appear at any stage, including a scheduled court-ordered genetic test, the court will enter a default judgment finding me to be the father. A default judgment will take effect 30 days after it is served on or mailed to me, unless within those 30 days I present to the court evidence of good cause for my failure to appear or my failure to have undergone a court-ordered genetic test.

AB651, s. 460 Section 460. 767.458 (1) (d) of the statutes is amended to read:

AB651,208,21 767.458 (1) (d) Except as provided under sub. in subs. (1m) and (2), the court will order genetic tests upon the request of any party; and

AB651, s. 461 Section 461 . 767.458 (2) of the statutes is amended to read:

AB651,209,6 767.458 (2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother or an alleged father, or from sworn testimony of the child's mother or an alleged father, that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.48. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.48 (2).

AB651, s. 462 Section 462. 767.458 (3) of the statutes is amended to read:

AB651,209,12 767.458 (3) At the first appearance, if a statement acknowledging paternity under s. 69.15 (3) (b) 1. or 3. that was signed and filed before April 1, 1998, is on file, the court may enter an order for child support, legal custody or physical placement and, if the respondent who filed the statement does not dispute his paternity, may enter a judgment of paternity.

AB651, s. 463 Section 463. 767.465 (1m) of the statutes is created to read:

AB651,209,19 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father, or man alleging that he is the father, to be the father of the child under s. 767.51 if the mother of the child fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient evidence exists to establish the man as the father of the child.

AB651, s. 464 Section 464. 767.465 (2) (a) of the statutes is amended to read:

AB651,210,6 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or court commissioner under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.

AB651, s. 465 Section 465. 767.466 (intro.) of the statutes is amended to read:

AB651,210,12 767.466 Motion to reopen judgment based on statement acknowledging paternity. (intro.) A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before April 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:

AB651, s. 466 Section 466. 767.47 (1) (c) of the statutes is amended to read:

AB651,210,14 767.47 (1) (c) Genetic test results under ss. 49.225, 767.48 or 885.23.

AB651, s. 467 Section 467. 767.47 (3) of the statutes is amended to read:

AB651,210,21 767.47 (3) In Except as provided in s. 767.48 (4), in an action against an alleged father, evidence offered by him with respect to an identified man who is not subject to the jurisdiction of the court concerning that man's sexual intercourse with the mother at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father has undergone genetic tests and made the results available to the court genetic tests as provided in s. 767.48.

AB651, s. 468 Section 468. 767.47 (8) of the statutes is amended to read:

AB651,211,2 767.47 (8) The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB651, s. 469 Section 469. 767.47 (11) of the statutes is created to read:

AB651,211,6 767.47 (11) Bills for services or articles related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are prima facie evidence of the costs incurred for such services or articles.

AB651, s. 470 Section 470. 767.475 (2) of the statutes is amended to read:

AB651,211,9 767.475 (2) Presumption of paternity shall be as provided in ss. 891.39, 891.405 and 891.41 (1).

AB651, s. 471 Section 471. 767.477 of the statutes is created to read:

AB651,211,17 767.477 Temporary orders. (1) At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses.

AB651,211,23 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court 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 shall comply with the requirements of s. 767.51 (5d).

AB651, s. 472 Section 472 . 767.48 (1) (a) of the statutes is amended to read:

AB651,212,11 767.48 (1) (a) The court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the court, or after an examination under oath of a complainant party or witness, when the court determines such an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another test under this paragraph unless a party requests additional tests under sub. (2).

AB651, s. 473 Section 473. 767.48 (1m) of the statutes is amended to read:

AB651,212,16 767.48 (1m) Under sub. (1), if the If genetic tests ordered under this section or s. 49.225 show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, the alleged father shall be rebuttably presumed to be the child's parent.

AB651, s. 474 Section 474. 767.48 (4) of the statutes is amended to read:

AB651,213,5 767.48 (4) Whenever the results of the genetic tests exclude the an alleged father as the father of the child, this evidence shall be conclusive evidence of nonpaternity and the court shall dismiss the any paternity action with respect to that alleged father. Whenever the results of the genetic tests exclude any male witness from possible paternity, the tests shall be conclusive evidence of nonpaternity of the male witness. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with any person excluded as a possible father, as a result of a genetic test, is inadmissible as evidence. If any party refuses to submit to a genetic test, this fact shall be disclosed to the fact finder. This refusal Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.47 (5). If the action was brought by the child's mother but she refuses to submit herself or the child to genetic tests, the action shall be dismissed.

AB651, s. 475 Section 475. 767.48 (5) (a) of the statutes is amended to read:

AB651,213,9 767.48 (5) (a) At Except as provided in par. (b), at the close of the proceeding the court may order either or both parties to reimburse the county if the court finds that they have sufficient resources to pay the costs of the genetic tests.

AB651, s. 476 Section 476 . 767.48 (5) (b) of the statutes is amended to read:

AB651,213,15 767.48 (5) (b) If 2 or more identical series of genetic tests are performed upon the same person, regardless of whether the tests were ordered under this section or s. 49.225 or 767.458 (2), the court may shall require the person requesting the 2nd or subsequent series of tests to pay for it in advance, unless the court finds that the person is indigent.

AB651, s. 477 Section 477. 767.51 (1) of the statutes is amended to read:

AB651,213,18 767.51 (1) The A judgment or order of the court determining the existence or nonexistence of paternity is determinative for all purposes.

AB651, s. 478 Section 478 . 767.51 (2) of the statutes is amended to read:

AB651,213,25 767.51 (2) The clerk of court shall file with the state registrar, within 30 days after the entry of the order or judgment, a report showing the names, dates and birth places of the child and the father, the social security numbers of the mother, father and child and the maiden name of the mother on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court shall collect.

AB651, s. 479 Section 479. 767.51 (2) of the statutes is amended to read:

AB651,214,6 767.51 (2) The clerk of court shall file with the state registrar, within 30 days after the entry of the order or a judgment or order determining paternity, a report showing the names, dates and birth places of the child and the father and the maiden name of the mother on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5), which the clerk of court shall collect.

AB651, s. 480 Section 480. 767.51 (3) of the statutes is amended to read:

AB651,215,2 767.51 (3) The A judgment or order determining paternity may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the legal custody and guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. Unless the court orders otherwise, if If there is no presumption of paternity under s. 891.41 (1) and the father does not request custody of the child, the mother shall have sole legal custody of the child. If the father requests custody of the child, the court shall determine legal custody in the manner provided in s. 767.24 (1) to (3) and (5). The court shall determine physical placement rights in the manner provided in s. 767.24 (1), (4) and (5). The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old and if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The judgment or order may direct the father to pay or contribute to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may direct either party to pay or contribute to the costs of genetic tests, attorney fees and other costs. Contributions to the costs of genetic tests shall be paid to the county which paid for the genetic tests.

AB651, s. 481 Section 481 . 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651,215,8 767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1.

AB651, s. 482 Section 482. 767.51 (3m) (d) 2m. of the statutes is created to read:

AB651,215,13 767.51 (3m) (d) 2m. Inform the county child support agency under s. 59.53 (5) when coverage of the child under the health benefit plan is in effect and, upon request, provide copies of necessary program or policy identification to the child's other parent.

AB651, s. 483 Section 483. 767.51 (3m) (f) of the statutes is created to read:

AB651,215,19 767.51 (3m) (f) 1. If a parent who provides coverage of the health care expenses of a child under an order under this subsection changes employers and that parent has a court-ordered child support obligation with respect to the child, the county child support agency under s. 59.53 (5) shall provide notice of the order to provide coverage of the child's health care expenses to the new employer and to the parent.

AB651,216,4 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family court commissioner. If the parent requests a hearing and the court or family court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

AB651, s. 484 Section 484. 767.51 (5p) (intro.) of the statutes is amended to read:

AB651,216,15 767.51 (5p) (intro.)  A party ordered to pay child 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 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this subsection 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 child support as follows:

AB651, s. 485 Section 485. 767.51 (5p) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB651,217,3 767.51 (5p) (intro.)  A party ordered to pay child 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 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB651, s. 486 Section 486. 767.51 (5p) (a) of the statutes is amended to read:

AB651,217,10 767.51 (5p) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB651, s. 487 Section 487. 767.52 (2m) of the statutes is amended to read:

AB651,217,16 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be provided only after the results of any genetic tests that were ordered by the court have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child. genetic

AB651, s. 488 Section 488 . 767.62 of the statutes is repealed and recreated to read:

AB651,217,22 767.62 Voluntary acknowledgment of paternity. (1) Conclusive determination of paternity. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.

AB651,217,25 (2) Rescission of acknowledgment. (a) Any person who signs a statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may rescind the statement as provided in s. 69.15 (3m).

AB651,218,5 (b) If a statement acknowledging paternity is timely rescinded by either person who signed the statement, a court or family court commissioner may not enter an order specified in sub. (4) with respect to the man who signed the statement unless the man is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60.

AB651,218,9 (3) Actions when paternity acknowledged. (a) An action affecting the family under s. 767.02 (1) (e), (f) or (k) may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity that has not been timely rescinded.

AB651,218,13 (b) Except as provided in s. 767.045, in an action specified in par. (a) the court or family court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.

AB651,219,8 (4) Orders when paternity acknowledged. (a) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity had notice of the hearing, the court or family court commissioner may make an order that contains any provision directed against the appropriate party to the proceeding concerning the duty of support, the legal custody or guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of amounts under the order or any other matter in the best interest of the child. If there is no presumption of paternity under s. 891.41 (1) and the father does not request custody of the child, the mother shall have sole legal custody of the child. If the father requests custody of the child, the court or family court commissioner shall determine legal custody in the manner provided in s. 767.24 (1) to (3) and (5). The court or family court commissioner shall determine physical placement rights in the manner provided in s. 767.24 (1), (4) and (5). The court or family court commissioner shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The order may direct the father to pay or contribute to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may direct either party to pay or contribute to the costs of attorney fees or other costs.

AB651,219,10 (b) 1. In this paragraph, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB651,220,2 2. In addition to ordering child support for a child under par. (a), the court or family court commissioner shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court or family court commissioner shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court enters an order under this paragraph, the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subdivision. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the other parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This paragraph may not be construed to limit the authority of the court or family court commissioner to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums that are in addition to and not inconsistent with this paragraph.

AB651,220,18 3. a. In directing the manner of payment of a child's health care expenses, the court or family court commissioner may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court or family court commissioner orders income withholding and assignment for the payment of health care expenses, the court or family court commissioner shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include that notice of assignment with a notice of assignment under s. 767.265. The clerk of court shall keep a record of all moneys received and disbursed by the clerk for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection designee.

AB651,221,4 b. If the court or family court commissioner orders a parent to initiate or continue health insurance coverage for a child under a health insurance policy that is available to the parent through an employer or other organization but the court or family court commissioner does not specify the manner in which payment of the health insurance premiums shall be made, the clerk of court may provide notice of assignment in the manner provided under s. 767.265 (2r) for the withholding from income of the amount necessary to pay the health insurance premiums. That notice of assignment may be sent with or included as part of any other notice of assignment under s. 767.265, if appropriate. A person who receives the notice of assignment shall send the withheld health insurance premiums to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h).

AB651,221,9 4. If the court or family court commissioner orders a parent to provide coverage of the health care expenses of the parent's child and the parent is eligible for family coverage of health care expenses under a health benefit plan that is provided by an employer on an insured or on a self-insured basis, the employer shall do all of the following: