SB494: Bill Text

SB494,211,17 767.477 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.

SB494,211,23 (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).

SB494, s. 472 Section 472 . 767.48 (1) (a) of the statutes is amended to read:

SB494,212,11 767.48 (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).

SB494, s. 473 Section 473. 767.48 (1m) of the statutes is amended to read:

SB494,212,16 767.48 (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.

SB494, s. 474 Section 474. 767.48 (4) of the statutes is amended to read:

SB494,213,5 767.48 (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.

SB494, s. 475 Section 475. 767.48 (5) (a) of the statutes is amended to read:

SB494,213,9 767.48 (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.

SB494, s. 476 Section 476 . 767.48 (5) (b) of the statutes is amended to read:

SB494,213,15 767.48 (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.

SB494, s. 477 Section 477. 767.51 (1) of the statutes is amended to read:

SB494,213,18 767.51 (1) The A judgment or order of the court determining the existence or nonexistence of paternity is determinative for all purposes.

SB494, s. 478 Section 478 . 767.51 (2) of the statutes is amended to read:

SB494,213,25 767.51 (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.

SB494, s. 479 Section 479. 767.51 (2) of the statutes is amended to read:

SB494,214,6 767.51 (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.

SB494, s. 480 Section 480. 767.51 (3) of the statutes is amended to read:

SB494,215,2 767.51 (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.

SB494, s. 481 Section 481 . 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB494,215,8 767.51 (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.

SB494, s. 482 Section 482. 767.51 (3m) (d) 2m. of the statutes is created to read:

SB494,215,13 767.51 (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.

SB494, s. 483 Section 483. 767.51 (3m) (f) of the statutes is created to read:

SB494,215,19 767.51 (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.

SB494,216,4 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.

SB494, s. 484 Section 484. 767.51 (5p) (intro.) of the statutes is amended to read:

SB494,216,15 767.51 (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:

SB494, 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:

SB494,217,3 767.51 (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:

SB494, s. 486 Section 486. 767.51 (5p) (a) of the statutes is amended to read:

SB494,217,10 767.51 (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.

SB494, s. 487 Section 487. 767.52 (2m) of the statutes is amended to read:

SB494,217,16 767.52 (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

SB494, s. 488 Section 488 . 767.62 of the statutes is repealed and recreated to read:

SB494,217,22 767.62 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.

SB494,217,25 (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).

SB494,218,5 (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.

SB494,218,9 (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.

SB494,218,13 (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.

SB494,219,8 (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.

SB494,219,10 (b) 1. In this paragraph, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

SB494,220,2 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.

SB494,220,18 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.

SB494,221,4 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).

SB494,221,9 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:

SB494,221,12 a. Permit the parent to obtain family coverage of health care expenses for the child, if eligible for coverage, without regard to any enrollment period or waiting period restrictions that may apply.

SB494,221,16 b. 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 subd. 6.

SB494,221,19 bm. 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.

SB494,222,2 c. After the child has coverage under the employer's health benefit plan, and as long as the parent is eligible for family coverage under the employer's health benefit plan, continue to provide coverage for the child unless the employer receives satisfactory written evidence that the order of the court or family court commissioner is no longer in effect or that the child has coverage of health care expenses under another health insurance policy or health benefit plan that provides comparable coverage of health care expenses.

SB494,222,9 5. a. If a parent who has been ordered by a court or family court commissioner to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department or any other person who paid for the services on behalf of the child, the department may obtain a judgment against the parent for the amount of the 3rd party payment.

SB494,222,11 b. Section 767.265 (4) applies to a garnishment based on a judgment obtained under subd. 5. a.

SB494,222,16 6. a. If a parent who provides coverage of the health care expenses of a child under an order under this paragraph 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.

SB494,223,2 b. 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 subd. 6. b. 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.

SB494,223,10 (c) 1. In making an order of legal custody under par. (a), the court or family court commissioner shall require a parent who is not granted legal custody to provide to the court medical and medical history information that is known to the parent. If the court or family court commissioner orders joint legal custody, the court or family court commissioner shall require each parent to provide to the court medical and medical history information that is known to the parent. The court shall keep the information confidential and may release it only as provided in this paragraph. The information provided shall include all of the following:

SB494,223,17 a. The known medical history of the parent providing the information, including specific information about stillbirths or congenital anomalies in the parent's family, and the medical histories, if known, of the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical history information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.

SB494,223,19 b. A report of any medical examination that the parent providing the information had within one year before the date of the order.

SB494,224,2 2. Upon the joint written request of a physician and a parent or other person with legal custody of the child, the court shall release the information provided under subd. 1. to a physician designated in the request. The physician joining in the request need not be the same physician designated in the request. The physician to whom the information is released shall keep the information confidential, but may release to the parent or other person with legal custody who made the request under this subdivision only that portion of the information that the physician determines is relevant to the child's medical condition.

SB494,224,5 (d) 1. Except as provided in par. (e), the court or family court commissioner shall determine child support payments under par. (a) by using the percentage standard established by the department under s. 49.22 (9).

SB494,224,10 2. In determining child support payments under par. (a), the court or family court commissioner may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5).

SB494,224,16 3. Support orders under par. (a) ordinarily shall be for periodic payments which may vary in amount if appropriate. The payment amount may be expressed as a percentage of the parent's 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 the parent's income or a fixed sum. The father's liability for past support of the child shall be limited to support for the period after the birth of the child.

SB494,224,21 (e) Upon request by a party, the court or family court commissioner may modify the amount of child support payments determined under par. (d) if, after considering the following factors, the court or family court commissioner finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to the requesting party:

SB494,224,22 1. The needs of the child.

SB494,224,24 2. The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under par. (b).

SB494,225,4 3. The standard of living and circumstances of the parents, including whether a parent receives maintenance payments under s. 767.26 and the needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

SB494,225,5 4. The relative financial means of the parents.

SB494,225,8 5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

SB494,225,9 6. The need and capacity of the child for education, including higher education.

SB494,225,10 7. The age of the child.

SB494,225,11 8. The financial resources and the earning ability of the child.

SB494,225,12 9. Any physical custody arrangement ordered or decided upon.

SB494,225,14 10. Extraordinary travel expenses incurred in exercising the right to periods of physical placement.

SB494,225,15 11. The responsibility of the parents for the support of others.

SB494,225,16 12. The value of services contributed by the custodial parent.

SB494,225,17 13. The best interests of the child.

SB494,225,19 14. Any other factors that the court or family court commissioner in each case determines are relevant to the best interests of the child.

SB494,226,2 (f) If the court or family court commissioner finds under par. (e) that use of the percentage standard is unfair to the child or the requesting party, the court or family court commissioner shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's or family court commissioner's order deviates from that amount, the reasons for finding that use of the percentage standard is unfair to the child or the party, the reasons for the amount of the modification and the basis for the modification.

SB494,226,12 (g) A party ordered to pay child support under this subsection 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 beginning after the month in which the amount was due. Interest under this paragraph 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:

SB494,226,14 1. First, to payment of child support due within the calendar month during which the payment is received.

SB494,226,16 2. Second, to payment of unpaid child support due before the payment is received.

SB494,226,17 3. Third, to payment of interest accruing on unpaid child support.

SB494,226,22 (5) Voiding determination. (a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

SB494,227,3 (b) If a court in a proceeding under par. (a) determines that the man is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man. The court shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man with respect to the child.

SB494,227,5 (6) Applicability. (a) This section does not apply unless all of the following apply to the statement acknowledging paternity:

SB494,227,7 1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.

SB494,227,8 2. The statement was signed and filed on or after April 1, 1998.

SB494,227,12 3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

SB494,227,16 (b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.