SB494,225,99
6. The need and capacity of the child for education, including higher education.
SB494,225,1010
7. The age of the child.
SB494,225,1111
8. The financial resources and the earning ability of the child.
SB494,225,1212
9. Any physical custody arrangement ordered or decided upon.
SB494,225,1413
10. Extraordinary travel expenses incurred in exercising the right to periods
14of physical placement.
SB494,225,1515
11. The responsibility of the parents for the support of others.
SB494,225,1616
12. The value of services contributed by the custodial parent.
SB494,225,1717
13. The best interests of the child.
SB494,225,1918
14. Any other factors that the court or family court commissioner in each case
19determines are relevant to the best interests of the child.
SB494,226,220
(f) If the court or family court commissioner finds under par. (e) that use of the
21percentage standard is unfair to the child or the requesting party, the court or family
22court commissioner shall state in writing or on the record the amount of support that
23would be required by using the percentage standard, the amount by which the court's
24or family court commissioner's order deviates from that amount, the reasons for
1finding that use of the percentage standard is unfair to the child or the party, the
2reasons for the amount of the modification and the basis for the modification.
SB494,226,123
(g) A party ordered to pay child support under this subsection shall pay simple
4interest at the rate of 1.5% per month on any amount unpaid, commencing the first
5day of the 4th month after the month in which the amount was due. Interest shall
6not accrue on amounts not paid on time but paid on or before the first day of the 4th
7month beginning after the month in which the amount was due. Interest under this
8paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8)
9and is paid to the clerk of court or support collection designee under s. 767.29. Except
10as provided in s. 767.29 (1m), the clerk of court or support collection designee,
11whichever is appropriate, shall apply all payments received for child support as
12follows:
SB494,226,1413
1. First, to payment of child support due within the calendar month during
14which the payment is received.
SB494,226,1615
2. Second, to payment of unpaid child support due before the payment is
16received.
SB494,226,1717
3. Third, to payment of interest accruing on unpaid child support.
SB494,226,22
18(5) Voiding determination. (a) A determination of paternity that arises under
19this section may be voided at any time upon a motion or petition stating facts that
20show fraud, duress or a mistake of fact. Except for good cause shown, any orders
21entered under sub. (4) shall remain in effect during the pendency of a proceeding
22under this paragraph.
SB494,227,323
(b) If a court in a proceeding under par. (a) determines that the man is not the
24father of the child, the court shall vacate any order entered under sub. (4) with
25respect to the man. The court shall notify the state registrar, in the manner provided
1in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
2birth certificate. No paternity action may thereafter be brought against the man
3with respect to the child.
SB494,227,5
4(6) Applicability. (a) This section does not apply unless all of the following
5apply to the statement acknowledging paternity:
SB494,227,76
1. The statement is made on a form prescribed by the state registrar for use
7beginning on April 1, 1998.
SB494,227,88
2. The statement was signed and filed on or after April 1, 1998.
SB494,227,129
3. The statement contains an attestation clause showing that both parties,
10before signing the statement, received oral and written notice of the legal
11consequences of, the rights and responsibilities arising from and the alternatives to,
12signing the statement.
SB494,227,1613
(b) Parties who signed and filed a statement acknowledging paternity before
14April 1, 1998, may sign and file a new statement that fulfills the requirements under
15par. (a). Such a statement supersedes any statement previously filed with the state
16registrar and has the effects specified in this section.
SB494,227,1917
(c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
18beginning with forms for the acknowledgment of paternity that are prescribed by the
19state registrar on April 1, 1998.
SB494, s. 489
20Section
489
. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
21Act .... (this act), is repealed and recreated to read:
SB494,228,1022
767.62
(4) (b) 3. a. In directing the manner of payment of a child's health care
23expenses, the court or family court commissioner may order that payment, including
24payment for health insurance premiums, be withheld from income and sent to the
25appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or
1sent to the department or its designee, whichever is appropriate, for disbursement
2to the person for whom the payment has been awarded if that person is not a health
3care insurer, provider or plan. If the court or family court commissioner orders
4income withholding and assignment for the payment of health care expenses, the
5court or family court commissioner shall send notice of assignment in the manner
6provided under s. 767.265 (2r) and may include that notice of assignment with a
7notice of assignment under s. 767.265. The department or its designee, whichever
8is appropriate, shall keep a record of all moneys received and disbursed by the
9department or its designee for health care expenses that are directed to be paid to
10the department or its designee.
SB494, s. 490
11Section
490
. 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
12Wisconsin Act .... (this act), is repealed and recreated to read:
SB494,228,2113
767.62
(4) (g) (intro.) A party ordered to pay child support under this subsection
14shall pay simple interest at the rate of 1.5% per month on any amount unpaid,
15commencing the first day of the 4th month after the month in which the amount was
16due. Interest shall not accrue on amounts not paid on time but paid on or before the
17first day of the 4th month beginning after the month in which the amount was due.
18Interest under this paragraph is in lieu of interest computed under s. 807.01 (4),
19814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29.
20Except as provided in s. 767.29 (1m), the department or its designee, whichever is
21appropriate, shall apply all payments received for child support as follows:
SB494, s. 491
22Section
491. 802.12 (3) (d) 1. of the statutes is amended to read:
SB494,228,2423
802.12
(3) (d) 1. Custody and physical placement under s. 767.24
, 767.458 (3),
24767.51 (3) or 767.62 (4) (a).
SB494, s. 492
25Section
492. 802.12 (3) (d) 3. of the statutes is amended to read:
SB494,229,2
1802.12
(3) (d) 3. Child support under s. 767.25
or s., 767.458 (3), 767.51
or
2767.62 (4) (a).
SB494, s. 493
3Section
493. 808.075 (4) (d) 9. of the statutes is amended to read:
SB494,229,54
808.075
(4) (d) 9. Enforcement of payments under s. 767.30
or, 767.51
or 767.62
5(4).
SB494, s. 494
6Section
494. 808.075 (4) (d) 10. of the statutes is amended to read:
SB494,229,87
808.075
(4) (d) 10. Enforcement of orders under s. 767.305
or, 767.51
or 767.62
8(4).
SB494, s. 495
9Section
495. 808.075 (4) (d) 11. of the statutes is amended to read:
SB494,229,1110
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
11(4m), 767.265
or, 767.51 (3m)
or 767.62 (4) (b) 3.
SB494, s. 496
12Section
496. 815.19 (2) of the statutes is amended to read:
SB494,229,2013
815.19
(2) If the property seized is an automobile which is appraised and can
14be sold for more than $1,000 or if the property seized is a tractor used in farming
15operations which is appraised and can be sold for more than $1,500, the officer may
16sell such automobile or tractor and out of the proceeds of such sale the officer shall
17pay to the debtor or the debtor's spouse the exempted value of such automobile or
18tractor. The balance of the proceeds of such sale shall be applied on the execution or
19attachment.
This subsection does not apply to automobiles or tractors levied against
20under s. 49.854.
SB494, s. 497
21Section
497. 815.20 (1) of the statutes is amended to read:
SB494,230,1322
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
23resident owner and occupied by him or her shall be exempt from execution, from the
24lien of every judgment and from liability for the debts of the owner to the amount of
25$40,000, except mortgages, laborers', mechanics' and purchase money liens
, liens
1under s. 49.854 and taxes and except as otherwise provided. The exemption shall not
2be impaired by temporary removal with the intention to reoccupy the premises as a
3homestead nor by the sale of the homestead, but shall extend to the proceeds derived
4from the sale to an amount not exceeding $40,000, while held, with the intention to
5procure another homestead with the proceeds, for 2 years. The exemption extends
6to land owned by husband and wife jointly or in common or as marital property, and
7when they reside in the same household may be claimed by either or may be divided
8in any proportion between them, but the exemption may not exceed $40,000 for the
9household. If the husband and wife fail to agree on the division of exemption, the
10exemption shall be divided between them by the court in which the first judgment
11was taken. The exemption extends to the interest therein of tenants in common,
12having a homestead thereon with the consent of the cotenants, and to any estate less
13than a fee.
SB494, s. 498
14Section
498. 852.05 (2) of the statutes is amended to read:
SB494,230,1815
852.05
(2) Property of a nonmarital child passes in accordance with s. 852.01
16except that the father or the father's kindred can inherit only if the father has been
17adjudicated to be the father in a paternity proceeding under ch. 767
or has been
18determined to be the father under s. 767.62 (1).
SB494, s. 499
19Section
499. 885.01 (5) of the statutes is created to read:
SB494,230,2220
885.01
(5) By the department of workforce development or a county child
21support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22,
2249.46 and 49.47 and programs carrying out the purposes of
7 USC 2011 to
2029.
SB494, s. 500
23Section
500. 891.39 (1) (a) of the statutes is amended to read:
SB494,231,1124
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
25was born to a woman while she was the lawful wife of a specified man, any party
1asserting in such action or proceeding that the husband was not the father of the
2child shall have the burden of proving that assertion by a clear and satisfactory
3preponderance of the evidence. In all such actions or proceedings the husband and
4the wife are competent to testify as witnesses to the facts. The court or judge in such
5cases shall appoint a guardian ad litem to appear for and represent the child whose
6paternity is questioned.
Results of a genetic test, as defined in s. 767.001 (1m),
7showing that a man other than the husband is not excluded as the father of the child
8and that the statistical probability of the man's parentage is 99.0% or higher
9constitute a clear and satisfactory preponderance of the evidence of the assertion
10under this paragraph, even if the husband is unavailable to submit to genetic tests,
11as defined in s. 767.001 (1m).
SB494, s. 501
12Section
501. 891.405 of the statutes is amended to read:
SB494,231,16
13891.405 Presumption of paternity based on acknowledgment. A man
14is presumed to be the natural father of a child if he and the mother have
15acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed
16to be the father under s. 891.41
(1).
SB494, s. 502
17Section
502. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1)
18(b), as renumbered, is amended to read:
SB494,231,2319
891.41
(1) (b) He and the child's natural mother were married to each other
20after the child was born but he and the child's natural mother had a relationship with
21one another during the period of time within which the child was conceived and no
22other man has been adjudicated to be the father or presumed to be the father of the
23child under
sub. (1) par. (a).
SB494, s. 503
24Section
503. 891.41 (2) of the statutes is created to read:
SB494,232,6
1891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
2rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
3man other than the man presumed to be the father under sub. (1) is not excluded as
4the father of the child and that the statistical probability of the man's parentage is
599.0% or higher, even if the man presumed to be the father under sub. (1) is
6unavailable to submit to genetic tests, as defined in s. 767.001 (1m).
SB494, s. 504
7Section
504. 895.48 (title) of the statutes is amended to read:
SB494,232,10
8895.48 (title)
Civil liability exemption; emergency care, health care at
9athletic events and health care, hazardous substances and information
10concerning paternity.
SB494, s. 505
11Section
505. 895.48 (3) of the statutes is created to read:
SB494,232,2012
895.48
(3) Any member of the staff of a hospital who is designated by the
13hospital and trained by the department of workforce development under s. 69.14 (1)
14(cm) and who in good faith provides to a child's available parents written information
15that is provided by the department of workforce development and oral information
16or an audio or video presentation about the form that is prescribed by the state
17registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and
18alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm),
19is immune from civil liability for his or her acts or omissions in providing that oral
20information or audio or video presentation and written information.
SB494, s. 506
21Section
506. 938.02 (13) of the statutes is amended to read:
SB494,233,222
938.02
(13) "Parent" means either a biological parent, a husband who has
23consented to the artificial insemination of his wife under s. 891.40, or a parent by
24adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
25do not subsequently intermarry under s. 767.60, "parent" includes a person
adjudged
1in a judicial proceeding adjudicated or acknowledged to be the biological father.
2"Parent" does not include any person whose parental rights have been terminated.
SB494, s. 507
3Section
507. 938.363 (1) of the statutes is amended to read:
SB494,234,94
938.363
(1) A juvenile, the juvenile's parent, guardian or legal custodian, any
5person or agency bound by a dispositional order or the district attorney or
6corporation counsel in the county in which the dispositional order was entered may
7request a revision in the order that does not involve a change in placement, including
8a revision with respect to the amount of child support to be paid by a parent, or the
9court may on its own motion propose such a revision. The request or court proposal
10shall set forth in detail the nature of the proposed revision and what new information
11is available that affects the advisability of the court's disposition. The request or
12court proposal shall be submitted to the court. The court shall hold a hearing on the
13matter if the request or court proposal indicates that new information is available
14which affects the advisability of the court's dispositional order and prior to any
15revision of the dispositional order, unless written waivers of objections to the revision
16are signed by all parties entitled to receive notice and the court approves. If a hearing
17is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal
18custodian, all parties bound by the dispositional order, the juvenile's foster parent,
19treatment foster parent or other physical custodian described in s. 48.62 (2), and the
20district attorney or corporation counsel in the county in which the dispositional order
21was entered at least 3 days prior to the hearing. A copy of the request or proposal
22shall be attached to the notice. If the proposed revision is for a change in the amount
23of child support to be paid by a parent, the court shall order the juvenile's parent to
24provide a statement of income, assets, debts and living expenses to the court and the
25person or agency primarily responsible for implementing the dispositional order by
1a date specified by the court. The clerk of court shall provide, without charge, to any
2parent ordered to provide a statement of income, assets, debts and living expenses
3a document setting forth the percentage standard established by the department of
4health and family services workforce development under s.
46.25 (9) 49.22 (9) and
5listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
6consent, the court may proceed immediately with the hearing. No revision may
7extend the effective period of the original order, or revise an original order under s.
8938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody
9or inpatient treatment on a child.
SB494, s. 508
10Section
508. 938.396 (4) of the statutes is amended to read:
SB494,234,2011
938.396
(4) When a court revokes, suspends or restricts a juvenile's operating
12privilege under this chapter, the department of transportation shall not disclose
13information concerning or relating to the revocation, suspension or restriction to any
14person other than a court, district attorney, county corporation counsel, city, village
15or town attorney, law enforcement agency, or the minor whose operating privilege is
16revoked, suspended or restricted, or his or her parent or guardian. Persons entitled
17to receive this information may not disclose the information to other persons or
18agencies.
This subsection does not apply to any information requested under s. 49.22
19(2m) by the department of workforce development or a county child support agency
20under s. 59.53 (5).
SB494, s. 509
21Section
509. 948.22 (4) (b) of the statutes is amended to read:
SB494,235,322
948.22
(4) (b) For a person not subject to a court order requiring child,
23grandchild or spousal support payments, when the person knows or reasonably
24should have known that he or she has a dependent, failure to provide support equal
25to at least the amount established by rule by the department of
health and family
1services workforce development under s.
46.25 (9) (a) 49.22 (9) or causing a spouse,
2grandchild or child to become a dependent person, or continue to be a dependent
3person, as defined in s. 49.01 (2).
SB494, s. 510
4Section
510. 977.06 (4) (bm) of the statutes is created to read:
SB494,235,95
977.06
(4) (bm) The state public defender shall provide information from any
6statement, affidavit or other information provided by a person regarding financial
7eligibility under s. 977.07 in response to a request for information under s. 49.22 (2m)
8made by the department of workforce development or a county child support agency
9under s. 59.53 (5).
SB494, s. 511
10Section
511. 977.06 (4) (c) of the statutes is amended to read:
SB494,235,1411
977.06
(4) (c)
Paragraph (
b) does Paragraphs (b) and (bm) do not limit the
12authority of the state public defender to release a copy of
the a statement, affidavit
13or other information
regarding financial eligibility under s. 977.07 under other
14circumstances.
SB494,236,917
[Laws of 1937, chapter 201] Section 11.
All Except as provided in section 49.852
18of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section
19767.265 of the statutes, as affected by 1997 Wisconsin Act .... (this act), all moneys
20and assets of the retirement system and all benefits and allowances, and every
21portion thereof, both before and after payment to any beneficiary, granted under the
22retirement system shall be exempt from any state, county or municipal tax, and from
23attachment or garnishment process, and shall not be seized, taken, detained or
24levied upon by virtue of any executions, or any process or proceeding whatsoever
25issued out of or by any court of this state, for the payment and ratification in whole
1or in part of any debt, claim, damage, demand or judgment against any member of
2or beneficiary under the retirement system, and no member of or beneficiary under
3the retirement system shall have any right to assign his benefit or allowance, or any
4part thereof, either by way of mortgage or otherwise, provided, however, that the
5annuity and pension board may at its option and under rules and regulations
6promulgated by it permit retired members to assign a portion of their retirement
7allowance for the regular monthly payment of medical, surgical and hospital care.
8The exemption from taxation contained herein shall not apply with respect to any
9tax on income.
SB494, s. 513
10Section
513. Laws of 1937, chapter 201, section 21b is created to read:
SB494,236,1311
[Laws of 1937, chapter 201] Section 21b. Notwithstanding
Section 21, no
12county may enact an ordinance that prevents a retirement system from complying
13with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).
SB494,237,919[
1997 Wisconsin Act 27] Section 9426 (8)
Centralized receipt and
20disbursement of support and maintenance. The treatment of sections 20.445 (3) (a),
21(ja)
, (k), and (q)
and (r), 20.855 (7) (j),
25.17 (1) (tm), 25.68, 49.24 (1) (by
Section 221882n), 49.855 (1), (2), (3) (by
Section 1992m), (4), (4m) (b) (by
Section 1995m) and
23(c) and (5), 565.30 (5), 767.001 (7), 767.025 (3) and (4), 767.25 (4m) (c) 1. and (6)
24(intro.) and (a), 767.261 (intro.) and (1), 767.262 (4) (b), 767.263, 767.265 (1), (2r),
25(3h), (6) (a) and (b) and (7), 767.267 (1), (2) and (5), 767.29 (1m) (intro.) and (d) and
1(2), 767.32 (1r), 767.51 (3m) (c) 1. and (5p) (intro.) and (a), 769.319 and 814.61 (12)
2(cm) of the statutes, the repeal of sections 20.445 (3) (g), 59.40 (2) (h), 59.53 (5m),
3814.61 (12) (b) and 814.612 of the statutes, the renumbering and amendment of
4sections 59.53 (5) and 767.29 (1) of the statutes, the amendment of section 49.175 (1)
5(intro.) of the statutes, the creation of sections 59.53 (5) (b) and 767.29 (1) (b), (d) and
6(f) of the statutes and
Section 9226 (1) of this act take effect on the date stated in the
7notice published by the department of workforce development in the Wisconsin
8Administrative Register under section 767.29 (1) (f) of the statutes, as created by this
9act, or on October 1, 1999, whichever is earlier.
SB494, s. 9126
10Section 9126.
Nonstatutory provisions; workforce development.
SB494,237,1511
(1)
Financial record matching program. The department of workforce
12development shall submit in proposed form the rules required under section 49.853
13of the statutes, as created by this act, to the legislative council staff under section
14227.15 (1) of the statutes no later than the first day of the 6th month beginning after
15the effective date of this subsection.
SB494,237,2016
(2)
Statewide concern. Notwithstanding
chapter 201, laws of 1937, section
21,
17as created by
chapter 405, laws of 1965, the treatment of section 49.852 of the
18statutes and
chapter 201, laws of 1937, sections
11 and
21b, is a matter of statewide
19concern and is not a matter of local affair or government, whether a retirement
20system is affected or otherwise.
SB494, s. 9146
21Section 9146.
Nonstatutory provisions; supreme court.
SB494,237,2522
(1)
State bar membership; failure to pay support or provide social security
23number. The supreme court is requested to promulgate rules under section 751.15
24of the statutes, as created by this act, so that those rules are effective beginning on
25April 1, 1998, or on the effective date of this subsection, whichever is later.
SB494,238,102
(1)
License denial, restriction, limitation and suspension. The treatment of
3sections 218.11 (2) (a) and (am), (6m) and (7) (a) and 218.12 (2) (a) and (am), (3m) and
4(5) of the statutes (with respect to information required on applications and with
5respect to the denial of applications) first applies to license applications received by
6the department of administration on the effective date of this subsection and the
7treatment of sections 218.11 (6m) and (7) (a) and (b) and 218.12 (3m) and (5) of the
8statutes (with respect to denying, restricting, limiting or suspending a license for
9failure to comply with a subpoena or warrant) first applies to failures to comply with
10subpoenas or warrants that are issued on the effective date of this subsection.
SB494,238,1311
(2)
Gaming licenses. The treatment of section 562.05 (1c) and (7) (am) of the
12statutes first applies to applications for licenses that are received by the department
13of administration under that section on the effective date of this subsection.
SB494, s. 9304
14Section 9304.
Initial applicability; agriculture, trade and consumer
protection.
SB494,238,2315
(1)
License denial for failure to pay support. The treatment of sections 93.06
16(8), 93.11 (1), 93.135, 93.35 (10), 94.65 (3) (c) 1., 94.66 (8), 95.72 (2) (c) 5. and 99.02
17(1) of the statutes (with respect to information required on applications and with
18respect to the denial of applications) first applies to applications for initial or renewal
19licenses, registrations or registration certificates that are received on the effective
20date of this subsection and (with respect to denial of or refusal to renew a license,
21registration or registration certificates for failure to comply with a subpoena or
22warrant) first applies to failures to comply with subpoenas or warrants that are
23issued on the effective date of this subsection.