AB380: Bill Text

AB380,54,4 767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court or family a circuit court commissioner:

AB380, s. 143 Section 143. 767.085 (3) of the statutes is amended to read:

AB380,54,12 767.085 (3) Service. If only one party initiates the action, the other shall be served under ch. 801 and may serve a response or counterclaim within 20 days after the date of service, except that questions of jurisdiction may be raised at any time prior to judgment. Service shall be made upon the petitioner and upon the family circuit court commissioner as provided in s. 767.14, and the original copy of the response shall be filed in court. If the parties together initiate the action with a joint petition, service of summons is not required.

AB380, s. 144 Section 144. 767.087 (1) (b) of the statutes is amended to read:

AB380,54,19 767.087 (1) (b) If the action is one under s. 767.02 (1) (a), (b), (c), (d), (h) or (i), encumbering, concealing, damaging, destroying, transferring or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court or family a circuit court commissioner, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

AB380, s. 145 Section 145. 767.087 (1) (c) of the statutes is amended to read:

AB380,55,2 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without the consent of the other party or an order of the court or family a circuit court commissioner, establishing a residence with a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state, removing a minor child of the parties from the state for more than 90 consecutive days or concealing a minor child of the parties from the other party.

AB380, s. 146 Section 146. 767.087 (2) of the statutes is amended to read:

AB380,55,6 767.087 (2) The prohibitions under sub. (1) shall apply until the action is dismissed, until a final judgment in the action is entered or until the court or family a circuit court commissioner orders otherwise.

AB380, s. 147 Section 147. 767.11 (1) (c) of the statutes is amended to read:

AB380,55,9 767.11 (1) (c) A county or counties may designate a the supervisor of the office of family court commissioner as the director under par. (a) or (b).

AB380, s. 148 Section 148. 767.11 (5) (a) of the statutes is amended to read:

AB380,55,19 767.11 (5) (a) In any action affecting the family, including a revision of judgment or order under s. 767.32 or 767.325, in which it appears that legal custody or physical placement is contested, the court or family circuit court commissioner shall refer the parties to the director of family court counseling services for possible mediation of those contested issues. The court or the family circuit court commissioner shall inform the parties that the confidentiality of communications in mediation is waived if the parties stipulate under sub. (14) (c) that the person who provided mediation to the parties may also conduct the legal custody or physical placement study under sub. (14).

AB380, s. 149 Section 149. 767.11 (5) (b) of the statutes is amended to read:

AB380,55,25 767.11 (5) (b) If both parties to any action affecting the family wish to have joint legal custody of a child, either party may request that the court or family circuit court commissioner to refer the parties to the director of family court counseling services for assistance in resolving any problem relating to joint legal custody and physical placement of the child. Upon request, the court shall so refer the parties.

AB380, s. 150 Section 150. 767.11 (5) (c) of the statutes is amended to read:

AB380,56,7 767.11 (5) (c) A person who is awarded periods of physical placement, a child of such a person, a person with visitation rights or a person with physical custody of a child may notify the family a circuit court commissioner of any problem he or she has relating to any of these matters. Upon notification, the family circuit court commissioner may refer any person involved in the matter to the director of family court counseling services for assistance in resolving the problem.

AB380, s. 151 Section 151. 767.11 (6) of the statutes is amended to read:

AB380,56,16 767.11 (6) Action upon referral. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for possible mediation, the director shall assign a mediator to the case. The mediator shall provide mediation if he or she determines it is appropriate. If the mediator determines mediation is not appropriate, he or she shall so notify the court. Whenever a court or family circuit court commissioner refers a party to the director of family court counseling services for any other family court counseling service, the director shall take appropriate action to provide the service.

AB380, s. 152 Section 152. 767.11 (7) of the statutes is amended to read:

AB380,56,23 767.11 (7) Private mediator. The parties to any action affecting the family may, at their own expense, receive mediation services from a mediator other than one who provides services under sub. (3). Parties who receive services from such a mediator shall sign and file with the director of family court counseling services and with the court or family circuit court commissioner a written notice stating the mediator's name and the date of the first meeting with the mediator.

AB380, s. 153 Section 153. 767.11 (13) of the statutes is amended to read:

AB380,57,4 767.11 (13) Powers of court or family circuit court commissioner. Except as provided in sub. (8), referring parties to mediation under this section does not affect the power of the court or family a circuit court commissioner to make any necessary order relating to the parties during the course of the mediation.

AB380, s. 154 Section 154. 767.115 (1) (a) of the statutes is amended to read:

AB380,57,11 767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order the parties to attend a program specified by the court or family circuit court commissioner concerning the effects on a child of a dissolution of the marriage.

AB380, s. 155 Section 155. 767.115 (1) (b) of the statutes is amended to read:

AB380,57,19 767.115 (1) (b) At any time during the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if the court or family circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or family circuit court commissioner, on its own motion, may order either or both of the parties to attend a program specified by the court or family circuit court commissioner providing training in parenting or coparenting skills, or both.

AB380, s. 156 Section 156. 767.115 (1m) of the statutes is amended to read:

AB380,58,2 767.115 (1m) A program under sub. (1) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

AB380, s. 157 Section 157. 767.115 (2) of the statutes is amended to read:

AB380,58,7 767.115 (2) Notwithstanding s. 767.07, the court or family circuit court commissioner may require the parties to attend a program under sub. (1) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or family circuit court commissioner.

AB380, s. 158 Section 158. 767.12 (1) of the statutes is amended to read:

AB380,58,13 767.12 (1) Proceedings. In actions affecting the family, all hearings and trials to determine whether judgment shall be granted, except hearings under s. 767.13 (5) 757.69 (1) (p) 3., shall be before the court. The testimony shall be taken by the reporter and shall be written out and filed with the record if so ordered by the court. Custody proceedings shall receive priority in being set for hearing.

AB380, s. 159 Section 159. 767.125 of the statutes is amended to read:

AB380,58,21 767.125 Order for appearance of litigants. Unless nonresidence in the state is shown by competent evidence, service is by publication, or the court shall for other good cause otherwise order, both parties in actions affecting the family shall be required to appear upon the trial. An order of the court or family a circuit court commissioner to that effect shall accordingly be procured by the moving party, and shall be served upon the nonmoving party before the trial. In the case of a joint petition the order is not required.

AB380, s. 160 Section 160. 767.13 (title) of the statutes is repealed.

AB380, s. 161 Section 161. 767.13 (1) of the statutes is renumbered 757.68 (2m) (a) and amended to read:

AB380,59,7 757.68 (2m) (a) Counties other than Milwaukee. 1. `Appointment.' In each county, except in a county having a population of 500,000 or more, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, shall, by order filed in the office of the clerk of the circuit court on or before the first Monday of July of each year, appoint some reputable attorney of recognized ability and standing at the bar as the a circuit court commissioner to supervise the office of family court commissioner for the county.

AB380,59,24 2. `Powers; civil service; oath; temporary appointment; assistants.' The family court commissioner, by virtue of the office and to the extent required for the performance of the duties, has the powers of a court commissioner. The circuit court commissioner appointed to supervise the office of family court commissioner is in addition to the maximum number of circuit court commissioners permitted by s. 757.68 (1). The circuit court commissioner supervising the office of the family court commissioner, or any assistant circuit court commissioner assisting in family matters, may be placed under a county civil service system by resolution of the county board. Before entering upon the discharge of the duties the family court commissioner shall take and file the official oath. The person appointed shall continue to act until a successor is appointed and qualified, except that in the event of disability or extended absence the judges may appoint another reputable attorney to act as temporary family court commissioner. The county board may provide that one or more assistant family court commissioners shall be appointed by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district. An assistant family court commissioner shall have the same qualifications as the commissioner and shall take and file the official oath.

AB380, s. 162 Section 162. 767.13 (2) (title) of the statutes is repealed.

AB380, s. 163 Section 163. 767.13 (2) (a) of the statutes is renumbered 757.68 (2m) (b) and amended to read:

AB380,60,10 757.68 (2m) (b) Appointment; assistants; civil service Milwaukee County. In counties having a population of 500,000 or more, there is created in the classified civil service a circuit court commissioner position to supervise the office of family court commissioner and such additional assistant family circuit court commissioners commissioner positions as the county board shall determine and authorize, who. Circuit court commissioners shall be appointed from the membership of the bar residing in the county to these positions by the chief judge of the judicial administrative district under ss. 63.01 to 63.17 SCR 75.02 (1).

AB380, s. 164 Section 164. 767.13 (2) (b), (3) and (4) of the statutes are repealed.

AB380, s. 165 Section 165. 767.13 (5) (title) and (a) (title) of the statutes are repealed.

AB380, s. 166 Section 166. 767.13 (5) (a) of the statutes is renumbered 757.69 (1) (p) and amended to read:

AB380,60,17 757.69 (1) (p) On authority delegated by a judge, which may be by a standard order, and with the approval of the chief judge of the judicial administrative district, a family When assigned to assist in matters affecting the family:

AB380,61,3 1. A circuit court commissioner may preside at any hearing held to determine whether a judgment of divorce shall be granted, if both parties state that the marriage is irretrievably broken and that all material issues, including but not limited to division of property or estate, legal custody, physical placement, child support, spousal maintenance and family support, are resolved or if one party does not participate in the action for divorce. The family A circuit court commissioner may grant and enter judgment in any action over which he or she presides under this paragraph subdivision unless the judgment modifies an agreement between the parties on material issues. If the family circuit court commissioner does not approve an agreement between the parties on material issues, the action shall be certified to the court for trial.

AB380, s. 167 Section 167. 767.13 (5) (b) (title) of the statutes is repealed.

AB380, s. 168 Section 168. 767.13 (5) (b) of the statutes is renumbered 757.69 (1) (p) 2. and amended to read:

AB380,61,10 757.69 (1) (p) 2. On authority delegated by a judge, which may be by a standard order, a family A circuit court commissioner may conduct hearings and enter judgments in actions for enforcement of, or revision of judgment for, maintenance, custody, physical placement or visitation.

AB380, s. 169 Section 169. 767.13 (5) (c) (title) of the statutes is repealed.

AB380, s. 170 Section 170. 767.13 (5) (c) of the statutes is renumbered 757.69 (1) (p) 3. and amended to read:

AB380,61,19 757.69 (1) (p) 3. Except when otherwise ordered by a judge, a family prohibited by the chief judge of the judicial administrative district, a circuit court commissioner may conduct hearings and enter orders and judgments in actions to establish paternity, in actions to establish or enforce a child support or a family support obligation and in actions to revise orders or judgments for child support or family support.

AB380, s. 171 Section 171. 767.13 (6) of the statutes is repealed.

AB380, s. 172 Section 172. 767.13 (7) (title) of the statutes is repealed.

AB380, s. 173 Section 173. 767.13 (7) of the statutes is renumbered 757.69 (1) (p) 4. and amended to read:

AB380,62,3 757.69 (1) (p) 4. Each family A circuit court commissioner shall cooperate with the county and the department to ensure that all dependent children receive reasonable and necessary child support.

AB380, s. 174 Section 174. 767.14 of the statutes is amended to read:

AB380,62,14 767.14 Service on office of family court commissioner and appearance by family circuit court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the circuit court commissioner supervising the office of family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such A circuit court commissioner assisting in matters affecting the family may appear in an action under this chapter when appropriate; and shall appear when requested by the court.

AB380, s. 175 Section 175. 767.145 (1) of the statutes is amended to read:

AB380,62,19 767.145 (1) After the expiration of the period specified by the statute, the court may in its discretion, upon petition and without notice, extend the time within which service shall be made upon the circuit court commissioner supervising the office of family court commissioner.

AB380, s. 176 Section 176. 767.15 (1) of the statutes is amended to read:

AB380,63,3 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under s. 59.53 (5) of the county in which the action is begun.

AB380, s. 177 Section 177. 767.16 of the statutes is amended to read:

AB380,63,14 767.16 Family Circuit court commissioner or law partner; when interested; procedure. Neither a family circuit court commissioner assisting in matters affecting the family nor a partner may appear in any action affecting the family in any court held in the county in which the family circuit court commissioner is acting, except when authorized to appear by s. 767.14. In case the circuit court commissioner or a partner shall be in any way interested in such action, the presiding judge shall appoint some reputable attorney to perform the services enjoined upon such family the circuit court commissioner and such. The appointed attorney, so appointed, shall take and file the oath and receive the compensation provided by law.

AB380, s. 178 Section 178. 767.17 of the statutes is repealed.

AB380, s. 179 Section 179. 767.23 (1) (intro.) of the statutes is amended to read:

AB380,63,20 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, the court or family circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

AB380, s. 180 Section 180. 767.23 (1) (a) of the statutes is amended to read:

AB380,64,2 767.23 (1) (a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The court or family circuit court commissioner may order joint legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.

AB380, s. 181 Section 181. 767.23 (1) (am) of the statutes is amended to read:

AB380,64,7 767.23 (1) (am) Upon the request of a party, granting periods of physical placement to a party. The court or family circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB380, s. 182 Section 182. 767.23 (1m) of the statutes is amended to read:

AB380,64,14 767.23 (1m) If a family circuit court commissioner believes that a temporary restraining order or injunction under s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the family circuit court commissioner shall submit the motion to the court within 5 working days.

AB380, s. 183 Section 183. 767.23 (1n) of the statutes is amended to read:

AB380,65,2 767.23 (1n) Before making any temporary order under sub. (1), the court or family circuit court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family circuit court commissioner 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 or family circuit court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family circuit court commissioner. Temporary orders made by the family a circuit court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB380, s. 184 Section 184. 767.25 (4m) (f) 2. of the statutes is amended to read:

AB380,65,13 767.25 (4m) (f) 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 business 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 circuit court commissioner. If the parent requests a hearing and the court or family circuit 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.

AB380, s. 185 Section 185. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act 191, section 411, is amended to read:

AB380,66,6 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family a circuit court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB380, s. 186 Section 186. 767.265 (2h) of the statutes is amended to read:

AB380,66,23 767.265 (2h) If a court-ordered assignment does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or family support payment within 10 days after its due date, within 20 days after the payment's due date the court or family circuit court commissioner shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family circuit court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

AB380, s. 187 Section 187. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191, section 414, is amended to read:

AB380,67,15 767.265 (2r) Upon entry of each order for child support, maintenance, family support or support by a spouse and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

AB380, s. 188 Section 188. 767.267 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB380,68,11 767.267 (1) If the court or the family circuit court commissioner determines that income withholding under s. 767.265 is inapplicable, ineffective or insufficient to ensure payment under an order or stipulation specified in s. 767.265 (1), or that income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable, ineffective or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under s. 767.25 (4m) or 767.51 (3m), the court or family circuit court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family circuit court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employe or agent of the financial institution to disclose information to the court, family circuit court commissioner, county child support agency under s. 59.53 (5), department or department's designee regarding the account for which the payer has executed the authorization for transfer.

AB380, s. 189 Section 189. 767.267 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB380,68,18 767.267 (5) A financial institution or an officer, employe or agent of a financial institution may disclose information to the court, family circuit court commissioner, 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).

AB380, s. 190 Section 190. 767.27 (2) of the statutes is amended to read: