SB138: Bill Text

SB138, s. 3 Section 3. 46.10 (14) (c) 7. of the statutes is repealed and recreated to read:

SB138,4,2 46.10 (14) (c) 7. Extraordinary travel expenses incurred in exercising parental visitation with the child.

SB138, s. 4 Section 4. 102.27 (2) (a) of the statutes is amended to read:

SB138,4,6 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c), 767.265 (1) or 767.51 (3m) (c) or (3p) (c).

SB138, s. 5 Section 5. 303.08 (5) (a) of the statutes is renumbered 303.08 (5) (am).

SB138, s. 6 Section 6. 303.08 (5) (ac) of the statutes is created to read:

SB138,4,9 303.08 (5) (ac) Payment of child support ordered under ch. 767;

SB138, s. 7 Section 7. 303.08 (5) (c) of the statutes is amended to read:

SB138,4,12 303.08 (5) (c) Support of the prisoner's dependents, if any, other than child support ordered under ch. 767;

SB138, s. 8 Section 8. 303.08 (5m) of the statutes is amended to read:

SB138,4,16 303.08 (5m) A county may receive payments under sub. (5) (a) (am) and (b) or seek reimbursement under s. 302.372, but may not collect for the same expenses twice.

SB138, s. 9 Section 9. 767.23 (1) (m) of the statutes is created to read:

SB138,4,20 767.23 (1) (m) Requiring either party or both parties to execute an assignment of income for payment of a minor child's day care expenses that are necessary to permit either parent to work.

SB138, s. 10 Section 10. 767.25 (1m) (a) of the statutes is renumbered 767.25 (1m) (am).

SB138, s. 11 Section 11 . 767.25 (1m) (c) of the statutes is renumbered 767.25 (1m) (ac) and amended to read:

SB138,5,3 767.25 (1m) (ac) The needs of the child and the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.

SB138, s. 12 Section 12. 767.25 (1m) (d) of the statutes is repealed.

SB138, s. 13 Section 13. 767.25 (1m) (e) of the statutes is amended to read:

SB138,5,8 767.25 (1m) (e) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if it is appropriate for the custodian remains to remain in the home as a full-time parent.

SB138, s. 14 Section 14. 767.25 (2) of the statutes is amended to read:

SB138,5,14 767.25 (2) The court may, upon request by any party or the guardian ad litem or upon its own motion, protect and promote the best interests of the minor children by setting aside a portion of the child support which either any party is ordered to pay in a separate fund or trust for the support, education and welfare of such children.

SB138, s. 15 Section 15. 767.25 (4g) of the statutes is created to read:

SB138,5,18 767.25 (4g) The court may order either party or both parties to pay for the support of any child of the parties who is 19 years of age or older and who satisfies all of the following:

SB138,5,19 (a) Is a child with exceptional educational needs, as defined in s. 115.76 (3).

SB138,5,20 (b) Is participating in a special education program under subch. V of ch. 115.

SB138, s. 16 Section 16 . 767.25 (4p) of the statutes is created to read:

SB138,6,2 767.25 (4p) (a) When ordering child support for a child under sub. (1), the court shall consider and may specifically assign responsibility to one or both parents for and direct the manner of payment of the child's day care expenses that are necessary to permit either parent to work. A parent may be required to initiate or continue payment of day care expenses for a child under this subsection.

SB138,6,4 (b) In directing the manner of payment of a child's day care expenses, the court shall order that payment be made to one of the following:

SB138,6,5 1. The other parent.

SB138,6,6 2. The day care provider.

SB138,6,8 3. The clerk of court for disbursement to the person for whom the payment has been awarded.

SB138,6,18 (c) If a parent who is ordered to pay child care expenses under this subsection fails to make a required payment within 10 days after its due date, the court may order that payment be withheld from the person's income and assigned for the payment of day care expenses. If the court orders income withholding and assignment for the payment of day care expenses, the court shall direct that payment under the assignment be made to the clerk of court for disbursement to the other parent as provided in s. 767.29 and shall send notice of the assignment and of the opportunity to request a hearing in the manner provided under s. 767.265 (2h). The clerk of court shall keep a record of all moneys received and disbursed by the clerk for day care expenses that are directed to be paid to the clerk.

SB138, s. 17 Section 17. 767.265 (3h) of the statutes is amended to read:

SB138,7,7 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c) or 767.51 (3m) (c) or (3p) (c) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the clerk of court or support collection designee, whichever is appropriate, of the jurisdiction providing notice or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court or support collection designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

SB138, s. 18 Section 18. 767.265 (4) of the statutes is amended to read:

SB138,7,11 767.265 (4) A withholding assignment or order under this section or s. 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c) or 767.51 (3m) (c) or (3p) (c) has priority over any other assignment, garnishment or similar legal process under state law.

SB138, s. 19 Section 19. 767.265 (6) (a) of the statutes is amended to read:

SB138,7,21 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the clerk of court or support collection designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c) or 767.51 (3m) (c) or (3p) (c), the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

SB138, s. 20 Section 20. 767.265 (6) (b) of the statutes is amended to read:

SB138,8,3 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c) or 767.51 (3m) (c) or (3p) (c) fails to notify the clerk of court or support collection designee, whichever is appropriate, within 10 days after an employe is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

SB138, s. 21 Section 21. 767.265 (6) (c) of the statutes is amended to read:

SB138,8,13 767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L) or (m), 767.25 (4m) (c) or (4p) (c) or 767.51 (3m) (c) or (3p) (c) as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department for enforcement of this paragraph.

SB138, s. 22 Section 22. 767.465 (1m) of the statutes is created to read:

SB138,8,20 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged 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 alleged father as the father of the child.

SB138, s. 23 Section 23. 767.48 (5) (c) of the statutes is created to read:

SB138,8,25 767.48 (5) (c) If the state, including its delegate under s. 767.45 (6) or (6m), is not a petitioner in the action, the court may order any or all of the parties to pay for the fees and costs of the genetic tests in advance if the court finds that the parties have sufficient resources to pay the costs of the tests.

SB138, s. 24 Section 24. 767.51 (3g) of the statutes is created to read:

SB138,9,4 767.51 (3g) The court may order either party or both parties to pay for the support of any child of the parties who is 19 years of age or older and who satisfies all of the following:

SB138,9,5 (a) Is a child with exceptional educational needs, as defined in s. 115.76 (3).

SB138,9,6 (b) Is participating in a special education program under subch. V of ch. 115.

SB138, s. 25 Section 25 . 767.51 (3p) of the statutes is created to read:

SB138,9,12 767.51 (3p) (a) When ordering child support for a child under sub. (3), the court shall consider and may specifically assign responsibility to one or both parents for and direct the manner of payment of the child's day care expenses that are necessary to permit either parent to work. A parent may be required to initiate or continue payment of day care expenses for a child under this subsection.

SB138,9,14 (b) In directing the manner of payment of a child's day care expenses, the court shall order that payment be made to one of the following:

SB138,9,15 1. The other parent.

SB138,9,16 2. The day care provider.

SB138,9,18 3. The clerk of court for disbursement to the person for whom the payment has been awarded.

SB138,9,25 (c) If a parent who is ordered to pay child care expenses under this subsection fails to make a required payment within 10 days after its due date, the court may order that payment be withheld from the person's income and assigned for the payment of day care expenses. If the court orders income withholding and assignment for the payment of day care expenses, the court shall direct that payment under the assignment be made to the clerk of court for disbursement to the other parent as provided in s. 767.29 and shall send notice of assignment and of the opportunity to request a hearing in the manner provided under s. 767.265 (2h). The clerk of court shall keep a record of all moneys received and disbursed by the clerk for day care expenses that are directed to be paid to the clerk.

SB138, s. 26 Section 26. 767.51 (5) (cm) of the statutes is created to read:

SB138,10,5 767.51 (5) (cm) The tax consequences to each party.

SB138, s. 27 Section 27. 767.51 (5) (f) of the statutes is repealed.

SB138, s. 28 Section 28. 767.51 (5) (i) of the statutes is amended to read:

SB138,10,11 767.51 (5) (i) The cost of day care if the custodian works outside the home or the value of custodial services contributed by the custodial performed by the custodian if it is appropriate for the custodian to remain in the home as a full-time parent.

SB138,10,12 (End)