SB77: Bill Text

SB77, s. 5004 Section 5004. 767.267 (2) of the statutes is amended to read:

SB77,1853,7 767.267 (2) A financial institution that receives an authorization for transfer under sub. (1) shall transfer the amounts as specified in the authorization or shall transfer the amount available for transfer if at a time of transfer that amount is less than the amount specified in the authorization. The financial institution may accomplish the transfer by any lawful means, including payment by check, subject to the terms of the account. The financial institution may deduct from the payer's account for each transfer its usual fee for such fund transfers. If the account is closed or if no funds are available at a time of transfer, the financial institution shall notify the clerk of court or support collection county child support agency under s. 59.53 (5) or the department or its designee, whichever is appropriate, within 10 days after the date on which the funds should have been transferred.

SB77, s. 5005 Section 5005. 767.267 (5) of the statutes is amended to read:

SB77,1853,13 767.267 (5) A financial institution or an officer, employe or agent of a financial institution may disclose information to the court, family court commissioner, clerk of court or support collection county child support agency under s. 59.53 (5), department or department's designee concerning an account for which a payer has executed an authorization for transfer under sub. (1).

SB77, s. 5006 Section 5006. 767.27 (2m) of the statutes is amended to read:

SB77,1854,3 767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the designee county child support agency under s. 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785.

SB77, s. 5007 Section 5007 . 767.27 (2m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1854,19 767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the county child support agency under s. 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25 or, 767.51 or 767.62 (4) or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785.

SB77, s. 5008 Section 5008. 767.27 (4) of the statutes is amended to read:

SB77,1854,25 767.27 (4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under s. 49.22 (2m) by the department or the county child and spousal support agency under s. 59.53 (5).

SB77, s. 5009 Section 5009. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and amended to read:

SB77,1855,10 767.29 (1) (a) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of court, or support collection designee in a county that has designated a support collection designee under s. 59.07 (97m), department or its designee for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of court or support collection designee.

SB77,1855,21 (c) Except as provided in sub. (1m), the clerk or support collection department or its designee shall disburse the money so received under the judgment or order within 15 days in the manner required by federal regulations and take receipts therefor, unless the clerk or support collection department or its designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk or support collection department or its designee, whichever is appropriate, which shall be open to inspection by the department for the administration of the child and spousal support and establishment of paternity program under s. 49.22, the parties to the action and, their attorneys, and the family court commissioner.

SB77,1856,10 (e) If the maintenance, child support or family support payments adjudged or ordered to be paid shall are not be paid to the clerk or support collection department or its designee at the time provided in the judgment or order, the clerk or support collection designee county child support agency under s. 59.53 (5) or the family court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of court or support collection designee department.

SB77, s. 5010 Section 5010. 767.29 (1) (b) of the statutes is created to read:

SB77,1856,17 767.29 (1) (b) Upon request, after the filing of an order or judgment or the receipt of an interim disbursement order, the clerk of court shall advise the county child support agency under s. 59.53 (5) of the terms of the order or judgment within 2 business days after the filing or receipt. The county child support agency shall, within the time required by federal law, enter the terms of the order or judgment into the statewide support data system, as required by s. 59.53 (5) (b).

SB77, s. 5011 Section 5011. 767.29 (1) (d) of the statutes is created to read:

SB77,1857,7 767.29 (1) (d) For receiving and disbursing maintenance, child support or family support payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $25 to be paid by each party ordered to make payments. The court or family court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the department or its designee in each year for which payments are ordered. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the department or its designee may not deduct the annual fee from the maintenance or child or family support payment, but may do any of the following:

SB77,1857,8 1. Move the court for a remedial sanction under ch. 785.

SB77,1857,10 2. Apply to the court or family court commissioner for an assignment relating to the annual fee in accordance with s. 767.265.

SB77, s. 5012 Section 5012. 767.29 (1) (f) of the statutes is created to read:

SB77,1857,20 767.29 (1) (f) If the department determines that the statewide automated support and maintenance receipt and disbursement system will be operational before October 1, 1999, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the system will begin operating. Before that date or October 1, 1999, whichever is earlier, the circuit courts, county child support agencies under s. 59.53 (5), clerks of court and employers shall cooperate with the department in any measures taken to ensure an efficient and orderly transition from the countywide system of support receipt and disbursement to the statewide system.

SB77, s. 5013 Section 5013 . 767.29 (1m) (intro.) of the statutes is amended to read:

SB77,1858,3 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261 and, 767.51 (5p) and 767.62 (4) (g), if the clerk of court or support collection designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the clerk or support collection designee determines is for support or maintenance due in a succeeding month, the clerk or support collection designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

SB77, s. 5014 Section 5014 . 767.29 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1858,13 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6), 767.261, 767.51 (5p) and 767.62 (4) (g), if the clerk of court or support collection department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the clerk or support collection department or its designee determines is for support or maintenance due in a succeeding month, the clerk or support collection department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

SB77, s. 5015 Section 5015. 767.29 (1m) (d) of the statutes is amended to read:

SB77,1858,16 767.29 (1m) (d) The clerk or support collection department or its designee determines that the overpayment should be held until the month when it is due.

SB77, s. 5016 Section 5016. 767.29 (2) of the statutes is amended to read:

SB77,1859,11 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court or support collection department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19 public assistance under ch. 49, shall forward all support assigned under s. 48.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the department assignee under s. 49.19 (4) (h) 1. or 49.45 (19).

SB77, s. 5017 Section 5017. 767.29 (3) of the statutes is renumbered 767.29 (3) (a).

SB77, s. 5018 Section 5018. 767.29 (3) (b) of the statutes is created to read:

SB77,1859,24 767.29 (3) (b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a child caring institution, juvenile correctional institution or state mental institution, the right of the child or a parent of the child to support or maintenance during the period of the child's confinement, including any right to unpaid support or maintenance accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a child caring institution, juvenile correctional institution or state mental institution includes support for one or more other children, the support under the judgment or order that is assigned to the state shall be the proportionate share of the child placed in the institution, except as otherwise ordered by the court or family court commissioner on the motion of a party.

SB77, s. 5019 Section 5019. 767.293 (1) of the statutes is amended to read:

SB77,1860,23 767.293 (1) If an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter or a stipulation approved by the court or the family court commissioner for child support under this chapter requires a payer to pay child or family support in an amount that is expressed as a percentage of parental income, the payee, including the state or its designee a county child support agency under s. 59.53 (5) if the state is a real party in interest under s. 767.075 (1), may establish an arrearage by filing an affidavit in the action in which the order for the payment of support was entered or the stipulation for support was approved. The affidavit shall state the amount of the arrearage and the facts supporting a reasonable basis on which the arrearage was determined and may state the payer's current income and the facts supporting a reasonable basis on which the payer's current income was determined. Not later than 60 days after filing the affidavit, the payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1) (a) or (b) or by sending the affidavit by registered or certified mail to the last-known address of the payer. After the payee files a proof of service on the payer, the court shall send a notice to the payer by regular, registered or certified mail to the payer's last-known address. The notice shall provide that, unless the payer requests a hearing to dispute the arrearage or the amount of the arrearage not later than 20 days after the date of the notice, the court or family court commissioner may enter an order against the payer in the amount stated in the affidavit and may provide notice of assignment under s. 767.265. The notice shall include the mailing address to which the request for hearing must be mailed or delivered in order to schedule a hearing under sub. (2).

SB77, s. 5020 Section 5020. 767.295 (2) (a) (intro.) of the statutes is amended to read:

SB77,1861,7 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 if all of the following conditions are met:

SB77, s. 5021 Section 5021. 767.295 (2) (c) of the statutes is amended to read:

SB77,1861,20 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or, 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to make payments ordered under this paragraph ceases.

SB77, s. 5022 Section 5022. 767.30 (1) of the statutes is amended to read:

SB77,1862,4 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), support or maintenance under s. 767.08, child support, family support or maintenance under s. 767.23, child support under s. 767.25, maintenance under s. 767.26, family support under s. 767.261, attorney fees under s. 767.262, paternity obligations under s. 767.51, support arrearages under s. 767.293 or child or spousal support under s. 948.22 (7), the court may provide that any payment be paid in the amounts and at the times that it considers expedient.

SB77, s. 5023 Section 5023 . 767.30 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1862,15 767.30 (1) If the court orders any payment for support under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), support or maintenance under s. 767.08, child support, family support or maintenance under s. 767.23, child support under s. 767.25, maintenance under s. 767.26, family support under s. 767.261, attorney fees under s. 767.262, child support or a child's health care expenses under s. 767.477, paternity obligations under s. 767.458 (3), 767.51 or 767.62 (4), support arrearages under s. 767.293 or child or spousal support under s. 948.22 (7), the court may provide that any payment be paid in the amounts and at the times that it considers expedient.

SB77, s. 5024 Section 5024. 767.303 (1) of the statutes is amended to read:

SB77,1863,3 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

SB77, s. 5025 Section 5025. 767.305 of the statutes is amended to read:

SB77,1863,14 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

SB77, s. 5026 Section 5026 . 767.305 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1864,2 767.305 Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261, 767.262, 767.293, 767.458 (3), 767.477, 767.51, 767.62 (4), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under s. 767.265 and the account transfer under s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in ch. 785.

SB77, s. 5027 Section 5027. 767.32 (1) (a) of the statutes is amended to read:

SB77,1865,4 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department, a county department under s. 46.215, 46.22 or 46.23 or a county child support program designee agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

SB77, s. 5028 Section 5028. 767.32 (1) (b) 4. of the statutes is amended to read:

SB77,1865,11 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

SB77, s. 5029 Section 5029 . 767.32 (1) (b) 4. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1865,20 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or, 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB77, s. 5030 Section 5030. 767.32 (1) (c) 1. of the statutes is amended to read:

SB77,1866,3 767.32 (1) (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under s. 49.22 (2m) by the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

SB77, s. 5031 Section 5031. 767.32 (1r) of the statutes is amended to read:

SB77,1866,11 767.32 (1r) In an action under sub. (1) to revise a judgment or order with respect to child support or family support, the court may not grant credit to the payer against support due prior to the date on which the action is commenced for payments made by the payer on behalf of the child other than payments made to the clerk of court or support collection designee under s. 59.53 (5m), 1995 stats., under s. 767.265 or, 1995 stats., or s. 767.29, 1995 stats., to the department or its designee under s. 767.265 or 767.29 or as otherwise ordered by the court.

SB77, s. 5032 Section 5032. 767.32 (2m) of the statutes is amended to read:

SB77,1866,17 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m) or, 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.

SB77, s. 5033 Section 5033. 767.32 (2r) of the statutes is amended to read:

SB77,1866,22 767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14) or 301.12 (14), whichever is applicable.

SB77, s. 5034 Section 5034. 767.32 (2s) of the statutes is amended to read:

SB77,1867,3 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 or 767.51, whichever is appropriate.

SB77, s. 5035 Section 5035 . 767.32 (2s) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1867,10 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 or, 767.51 or 767.62 (4), whichever is appropriate.

SB77, s. 5036 Section 5036. 767.33 (1) of the statutes is amended to read:

SB77,1867,19 767.33 (1) An order for child support under s. 767.23 or 767.25 may provide for an adjustment in the amount to be paid based on a change in the obligor's income, as reported on the disclosure form under s. 767.27 (2m) or as disclosed under s. 49.22 (2m) to the department or county child and spousal support agency under s. 49.22 (2m) 59.53 (5). The order may specify the date on which the annual adjustment becomes effective. No adjustment may be made unless the order so provides and the party receiving payments applies for an adjustment as provided in sub. (2). An adjustment under this section may be made only once in any year.

SB77, s. 5037 Section 5037. 767.37 (1) (a) of the statutes is amended to read:

SB77,1868,13 767.37 (1) (a) In any action affecting the family, if the court orders maintenance payments or other allowances for a party or children or retains jurisdiction in such matters, the written judgment shall include a provision that disobedience of the court order with respect to the same is punishable under ch. 785 by commitment to the county jail or house of correction until such judgment is complied with and the costs and expenses of the proceedings are paid or until the party committed is otherwise discharged, according to law. The written judgment in any action affecting the family shall include the social security numbers of the parties and of any child of the parties. The findings of fact and conclusions of law and the written judgment shall be drafted by the attorney for the moving party, and shall be submitted to the court and filed with the clerk of the court within 30 days after judgment is granted; but if the respondent has been represented by counsel, the findings, conclusions and judgment shall first be submitted to respondent's counsel for approval and if the family court commissioner has appeared at the trial of the action, such papers shall also be sent to the family court commissioner for approval. After any necessary approvals are obtained, the findings of fact, conclusions of law and judgment shall be submitted to the court. Final stipulations of the parties may be appended to the judgment and incorporated by reference therein.

SB77, s. 5038 Section 5038. 767.45 (1) (intro.) of the statutes is amended to read:

SB77,1868,18 767.45 (1) (intro.) The following persons may bring an action or motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child or for the purpose of rebutting the presumption of paternity under s. 891.405 or 891.41 (1):

SB77, s. 5039 Section 5039. 767.45 (1) (c) of the statutes is amended to read:

SB77,1868,21 767.45 (1) (c) A man presumed to be the child's father under s. 891.405 or 891.41 (1).

SB77, s. 5040 Section 5040 . 767.45 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1868,25 767.45 (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).

SB77, s. 5041 Section 5041. 767.45 (1) (k) of the statutes is amended to read:

SB77,1869,6 767.45 (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 January 1, 1998, signed and filed a statement acknowledging paternity under s. 69.15 (3) (b) 3. with respect to the child.

SB77, s. 5042 Section 5042. 767.45 (5) (b) of the statutes is amended to read:

SB77,1869,20 767.45 (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.

SB77, s. 5043 Section 5043. 767.45 (5m) of the statutes is amended to read:

SB77,1870,8 767.45 (5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m), 767.62 and 769.401, unless a man is either presumed the child's father under s. 891.41 (1) or 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, 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. 767.62 and 769.401, the exclusive procedure for establishment of child support obligations, legal custody or physical placement rights for a man who is neither presumed the child's father under s. 891.41 (1) nor adjudicated 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.

SB77, s. 5044 Section 5044 . 767.45 (5m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1870,24 767.45 (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 (1) or, 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 (1) nor, 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.

SB77, s. 5045 Section 5045. 767.45 (6m) of the statutes is amended to read:

SB77,1871,6 767.45 (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.

SB77, s. 5046 Section 5046. 767.45 (6p) of the statutes is repealed.

SB77, s. 5047 Section 5047. 767.455 (5g) (form) 2. of the statutes is amended to read: