SB77: Bill Text

SB77,1890,12 13. The best interests of the child.

SB77,1890,14 14. Any other factors that the court or family court commissioner in each case determines are relevant to the best interests of the child.

SB77,1890,21 (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.

SB77,1891,4 (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 2nd month 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:

SB77,1891,10 1. 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.

SB77,1891,12 2. Second, to payment of unpaid child support due before the payment is received.

SB77,1891,13 3. Third, to payment of interest accruing on unpaid child support.

SB77,1891,18 (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.

SB77,1891,24 (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.

SB77,1892,2 (6) Applicability. (a) This section does not apply unless all of the following apply to the statement acknowledging paternity:

SB77,1892,4 1. The statement is made on a form prescribed by the state registrar for use beginning on January 1, 1998.

SB77,1892,5 2. The statement was signed and filed on or after January 1, 1998.

SB77,1892,9 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.

SB77,1892,13 (b) Parties who signed and filed a statement acknowledging paternity before January 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.

SB77,1892,16 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on January 1, 1998.

SB77, s. 5085 Section 5085. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1893,10 767.62 (4) (b) 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 department or its 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 department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee 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 department or its designee.

SB77, s. 5086 Section 5086. 767.62 (4) (b) 4. b. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1893,16 767.62 (4) (b) 4. 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.

SB77, s. 5087 Section 5087. 767.62 (4) (b) 4. bm. of the statutes is created to read:

SB77,1893,21 767.62 (4) (b) 4. 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.

SB77, s. 5088 Section 5088. 767.62 (4) (b) 6. of the statutes is created to read:

SB77,1894,2 767.62 (4) (b) 6. a. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child changes employers, the county child support agency under s. 59.53 (5) shall provide notice of the order to the new employer and to the parent.

SB77,1894,12 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.

SB77, s. 5089 Section 5089. 767.62 (4) (g) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1894,22 767.62 (4) (g) (intro.) 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 2nd month 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 department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

SB77, s. 5090 Section 5090. 767.62 (4) (g) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1895,6 767.62 (4) (g) 1. 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 department or its 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.

SB77, s. 5091 Section 5091. 769.101 (7) of the statutes is amended to read:

SB77,1895,14 769.101 (7) "Initiating state" means a state in from which a proceeding is forwarded, or in which a proceeding is filed for forwarding, to a responding state under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act is filed for forwarding to a responding state Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

SB77, s. 5092 Section 5092. 769.101 (16) of the statutes is amended to read:

SB77,1895,22 769.101 (16) "Responding state" means a state to in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

SB77, s. 5093 Section 5093. 769.101 (19) of the statutes is renumbered 769.101 (19) (intro.) and amended to read:

SB77,1896,4 769.101 (19) (intro.) "State" means a state of the United States, the district District of Columbia, the commonwealth Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an all of the following:

SB77,1896,5 (a) An Indian tribe and includes a.

SB77,1896,10 (b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter or to the procedures under the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

SB77, s. 5094 Section 5094. 769.207 (title) of the statutes is amended to read:

SB77,1896,12 769.207 (title) Recognition of controlling child support orders order.

SB77, s. 5095 Section 5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m) (intro.) and amended to read:

SB77,1896,19 769.207 (1m) (intro.) If a proceeding is brought under this chapter, and one 2 or more child support orders have been issued in by tribunals of this state or another state with regard to an the same obligor and a child, a tribunal of this state shall apply the following rules in determining which child support order to recognize for purposes of continuing, exclusive jurisdiction:

SB77, s. 5096 Section 5096. 769.207 (1) (a) of the statutes is repealed.

SB77, s. 5097 Section 5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a) and amended to read:

SB77,1897,2 769.207 (1m) (a) If 2 or more tribunals have issued child support orders for the same obligor and child and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal is controlling and must be recognized.

SB77, s. 5098 Section 5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b) and amended to read:

SB77,1897,10 769.207 (1m) (b) If 2 or more tribunals have issued child support orders for the same obligor and child and more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an a child support order issued by a tribunal in the current home state of the child must be recognized, but if an a child support order has not been issued in the current home state of the child, the child support order most recently issued is controlling and must be recognized.

SB77, s. 5099 Section 5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c) and amended to read:

SB77,1897,17 769.207 (1m) (c) If 2 or more tribunals have issued child support orders for the same obligor and child and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may having jurisdiction over the parties must issue a child support order, which is controlling and must be recognized.

SB77, s. 5100 Section 5100. 769.207 (1c) of the statutes is created to read:

SB77,1897,21 769.207 (1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.

SB77, s. 5101 Section 5101. 769.207 (1r) of the statutes is created to read:

SB77,1898,5 769.207 (1r) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which child support order controls and must be recognized under sub. (1m). The request must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every party whose rights may be affected by a determination of which child support order controls must be given notice of the request for that determination.

SB77, s. 5102 Section 5102. 769.207 (2) of the statutes is amended to read:

SB77,1898,9 769.207 (2) The tribunal that has issued an the order that is controlling and must be recognized under sub. (1) (1c), (1m) or (1r) is the tribunal having that has continuing, exclusive jurisdiction in accordance with s. 769.205.

SB77, s. 5103 Section 5103. 769.207 (3) of the statutes is created to read:

SB77,1898,14 769.207 (3) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b), or that issues a new child support order that is controlling under sub. (1m) (c), shall include in that order the basis upon which the tribunal made its determination.

SB77, s. 5104 Section 5104. 769.207 (4) of the statutes is created to read:

SB77,1898,22 769.207 (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.

SB77, s. 5105 Section 5105. 769.304 of the statutes is renumbered 769.304 (1).

SB77, s. 5106 Section 5106. 769.304 (2) of the statutes is created to read:

SB77,1899,6 769.304 (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

SB77, s. 5107 Section 5107. 769.305 (1) of the statutes is amended to read:

SB77,1899,13 769.305 (1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner by 1st class mail, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when it was filed.

SB77, s. 5108 Section 5108. 769.305 (5) of the statutes is amended to read:

SB77,1899,17 769.305 (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by 1st class mail to the petitioner and the respondent and to the initiating tribunal, if any.

SB77, s. 5109 Section 5109. 769.306 of the statutes is amended to read:

SB77,1899,24 769.306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by 1st class mail, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when the pleading was sent.

SB77, s. 5110 Section 5110. 769.307 (2) (d) of the statutes is amended to read:

SB77,1900,3 769.307 (2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by 1st class mail to the petitioner.

SB77, s. 5111 Section 5111. 769.307 (2) (e) of the statutes is amended to read:

SB77,1900,8 769.307 (2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by 1st class mail to the petitioner.

SB77, s. 5112 Section 5112. 769.319 of the statutes is amended to read:

SB77,1900,15 769.319 Receipt and disbursement of payments. A support enforcement agency or,its designee or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency or, its designee or the tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

SB77, s. 5113 Section 5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

SB77,1900,18 CHAPTER 769

SB77,1900,19 SUBCHAPTER V

SB77,1900,22 DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION

SB77, s. 5114 Section 5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and amended to read:

SB77,1901,5 769.501 (title) Recognition Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by 1st class mail to the obligor's employer without first filing a petition or comparable pleading or registering the income-withholding order with a tribunal of this state. Upon receipt of the order, the employer shall do all of the following:

SB77, s. 5115 Section 5115. 769.501 (1) (a) of the statutes is repealed.

SB77, s. 5116 Section 5116. 769.501 (1) (b) of the statutes is repealed.

SB77, s. 5117 Section 5117. 769.501 (1) (c) of the statutes is repealed.

SB77, s. 5118 Section 5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and amended to read:

SB77,1901,14 769.506 (1)  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

SB77,1901,15 (2) The obligor shall give notice of the contest to any all of the following:

SB77,1901,17 (a) A support enforcement agency providing services to the obligee and to either of the following:.

SB77, s. 5119 Section 5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and amended to read:

SB77,1901,21 769.506 (2) (c) The Except as provided in par. (d), the person or agency designated to receive payments in the income-withholding order.

SB77, s. 5120 Section 5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and amended to read:

SB77,1901,25 769.506 (2) (d) If no person or agency is designated to receive payments in the income-withholding order, the obligee.