AB380: Bill Text

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:

AB380,68,24 767.27 (2) Except as provided in sub. (2m), disclosure forms required under this section shall be filed within 90 days after the service of summons or the filing of a joint petition or at such other time as ordered by the court or family circuit court commissioner. Information contained on such forms shall be updated on the record to the date of hearing.

AB380, s. 191 Section 191. 767.29 (title) of the statutes is amended to read:

AB380,69,3 767.29 (title) Maintenance, child support and family support payments, receipt and disbursement; family circuit court commissioner, fees and compensation.

AB380, s. 192 Section 192. 767.29 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB380,69,14 767.29 (1) (c) Except as provided in sub. (1m), the department or its designee shall disburse the money received under the judgment or order in the manner required by federal regulations and take receipts therefor, unless the 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 department or its designee, whichever is appropriate, which shall be open to inspection by the parties to the action, their attorneys and the family circuit court commissioner.

AB380, s. 193 Section 193. 767.29 (1) (d) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB380,70,5 767.29 (1) (d) (intro.) 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 circuit 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 circuit 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:

AB380, s. 194 Section 194. 767.29 (1) (d) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB380,70,9 767.29 (1) (d) 2. Apply to the court or family a circuit court commissioner for an assignment relating to the annual fee in accordance with s. 767.265.

AB380, s. 195 Section 195. 767.29 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB380,70,24 767.29 (1) (e) If the maintenance, child support or family support payments adjudged or ordered to be paid are not paid to the department or its designee at the time provided in the judgment or order, the county child support agency under s. 59.53 (5) or the family a circuit 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 circuit 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 department.

AB380, s. 196 Section 196. 767.29 (1m) (b) of the statutes is amended to read:

AB380,71,4 767.29 (1m) (b) The court or the family circuit court commissioner has ordered that overpayments of child support, family support or maintenance that do not exceed the amount of support or maintenance due in the next month may be held for disbursement in the next month.

AB380, s. 197 Section 197. 767.29 (3) (a) of the statutes is amended to read:

AB380,71,13 767.29 (3) (a) If maintenance payments or support money, or both, is ordered to be paid for the benefit of any person, who is committed by court order to an institution or is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department or relative, the court or family a circuit court commissioner may order such maintenance payments or support money to be paid to the relative or agency, institution, welfare department or other entity having the legal or actual custody of said person, and to be used for the latter's care and maintenance, without the appointment of a guardian under ch. 880.

AB380, s. 198 Section 198. 767.29 (3) (b) of the statutes is amended to read:

AB380,71,24 767.29 (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 to support during the period of the child's confinement, including any right to unpaid support 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 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 circuit court commissioner on the motion of a party.

AB380, s. 199 Section 199. 767.293 (1) of the statutes is amended to read:

AB380,72,23 767.293 (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 circuit 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 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 circuit 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).

AB380, s. 200 Section 200. 767.293 (2) of the statutes is amended to read:

AB380,73,7 767.293 (2) If the payer makes a timely request for a hearing, the court or family circuit court commissioner shall hold a hearing on the issue of the amount of the arrearage, if any. If the court or family circuit court commissioner determines after hearing that an arrearage exists, the court or family circuit court commissioner shall enter an order establishing an arrearage in the amount determined by the court or family circuit court commissioner and may send notice of assignment under s. 767.265.

AB380, s. 201 Section 201. 767.293 (3) of the statutes is amended to read:

AB380,73,18 767.293 (3) If the court or family circuit court commissioner sends the notice under sub. (1) and the payer fails to make a timely request for a hearing, the court or family circuit court commissioner, if the affidavit demonstrates to the satisfaction of the court or family circuit court commissioner that an arrearage exists, shall enter an order establishing an arrearage in the amount determined by the court or family circuit court commissioner and may send notice of assignment under s. 767.265. The court or family circuit court commissioner shall send the order to the payer's last-known address and shall inform the payer whether 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 order should be vacated or the assignment should be withdrawn.

AB380, s. 202 Section 202. 767.32 (1) (a) of the statutes is amended to read:

AB380,74,20 767.32 (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 (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 agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the office of 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.

AB380, s. 203 Section 203. 767.327 (2) (c) of the statutes is amended to read:

AB380,75,2 767.327 (2) (c) Upon receipt of a copy of a notice of objection under par. (a), the court or family circuit court commissioner shall promptly refer the parents for mediation or other family court counseling services under s. 767.11 and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation or counseling services do not resolve the dispute within 30 days after referral, the matter shall proceed under subs. (3) to (5).

AB380, s. 204 Section 204. 767.33 (2) of the statutes is amended to read:

AB380,76,3 767.33 (2) An adjustment under sub. (1) may be made only if the party receiving payments applies to the family a circuit court commissioner for the adjustment. If the order specifies the date on which the annual adjustment becomes effective, the application to the family circuit court commissioner must be made at least 20 days before the effective date of the adjustment. The family circuit court commissioner, upon application by the party receiving payments, shall send a notice by certified mail to the last-known address of the obligor. The notice shall be postmarked no later than 10 days after the date on which the application was filed and shall inform the obligor that an adjustment in payments will become effective on the date specified in the order or, if no date is specified in the order, 10 days after the date on which the notice is sent. The obligor may, after receipt of notice and before the effective date of the adjustment, request a hearing on the issue of whether the adjustment should take effect, in which case the adjustment shall be held in abeyance pending the outcome of the hearing. The family circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the request. If at the hearing the obligor establishes that extraordinary circumstances beyond his or her control prevent fulfillment of the adjusted child support obligation, the family circuit court commissioner may direct that all or part of the adjustment not take effect until the obligor is able to fulfill the adjusted obligation. If at the hearing the obligor does not establish that extraordinary circumstances beyond his or her control prevent fulfillment of the adjusted obligation, the adjustment shall take effect as of the date it would have become effective had no hearing been requested. Either party may, within 15 working days of the date of the decision by the family circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

AB380, s. 205 Section 205. 767.37 (1) (a) of the statutes is amended to read:

AB380,76,22 767.37 (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 circuit court commissioner has appeared at the trial of the action, such papers shall also be sent to the family circuit 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.

AB380, s. 206 Section 206. 767.37 (2) of the statutes is amended to read:

AB380,77,20 767.37 (2) So far as a judgment of divorce affects the marital status of the parties the court has the power to vacate or modify the judgment for sufficient cause shown, upon its own motion, or upon the application of both parties to the action, at any time within 6 months from the granting of such judgment. No such judgment shall be vacated or modified without service of notice of motion on the office of family court commissioner. The court may direct the family a circuit court commissioner or appoint some other attorney, to bring appropriate proceedings for the vacation of the judgment. The compensation of the family circuit court commissioner when not on a salaried basis or other attorney for performing such services shall be at the rate of $50 per day, which shall be paid out of the county treasury upon order of the presiding judge and the certificate of the clerk of the court. If the judgment is vacated it shall restore the parties to the marital relation that existed before the granting of such judgment. If after vacation of the judgment either of the parties brings an action in this state for divorce against the other the court may order the petitioner in such action to reimburse the county the amount paid by it to the family circuit court commissioner or other attorney in connection with such vacation proceedings. Whenever a judgment of divorce is set aside under this subsection, the court shall order the record in the action impounded without regard to s. 767.19; and thereafter neither the record nor any part of the record shall be offered or admitted into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any paternity proceedings under this chapter or by special order of any court of record upon a showing of necessity to clear title to real estate.

AB380, s. 207 Section 207. 767.45 (5) (b) of the statutes is amended to read:

AB380,78,9 767.45 (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 circuit 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.

AB380, s. 208 Section 208. 767.455 (5) of the statutes is amended to read:

AB380,78,11 767.455 (5) Form. The summons shall be in substantially the following form:

AB380,78,12 STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY

AB380,78,14 In re the Paternity of A. B.

AB380,78,15 STATE OF WISCONSIN

AB380,78,16 and

AB380,78,17 C. D.

AB380,78,18 Address

AB380,78,19 City, State Zip Code File No. ...

AB380,78,20 , Petitioners

AB380,78,21 vs. S U M M O N S

AB380,78,22 E. F.

AB380,78,23 Address .... (Case Classification Type): .... (Code No.)

AB380,78,24 City, State Zip Code

AB380,78,25 , Respondent

AB380,79,2 THE STATE OF WISCONSIN, To the Respondent:

AB380,79,5 You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:

AB380,79,6 Date:

AB380,79,7 Time:

AB380,79,8 Room:

AB380,79,9 Judge or Family Circuit Court Commissioner:

AB380,79,10 Address:

AB380,79,20 If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

AB380,79,21 Dated: ...., .... (year)

AB380,79,22 Signed:.... ....

AB380,79,23 G. H., Clerk of Circuit Court

AB380,79,24 or

AB380,79,25 Petitioner's Attorney

AB380,80,1 State Bar No.: ....

AB380,80,2 Address: ....

AB380,80,3 City, State Zip Code: ....

AB380,80,4 Phone No.: ....

AB380, s. 209 Section 209. 767.458 (1m) of the statutes is amended to read:

AB380,80,13 767.458 (1m) In an action to establish the paternity of a child who was born to a woman while she was married, where a man other than the woman's husband alleges that he, not the husband, is the child's father, a party may allege that a judicial determination that a man other than the husband is the father is not in the best interest of the child. If the court or a circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g) determines that a judicial determination of whether a man other than the husband is the father is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB380, s. 210 Section 210. 767.46 (1) of the statutes is amended to read:

AB380,80,19 767.46 (1) A pretrial hearing shall be held before the court or a circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g). A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may present and cross-examine witnesses, request genetic tests and present other evidence relevant to the determination of paternity.

AB380, s. 211 Section 211. 767.463 of the statutes is amended to read:

AB380,81,3 767.463 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.458 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or circuit or supplemental court commissioner under s. 757.69 (3) 757.675 (2) (g) may, with respect to a man, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or circuit or supplemental court commissioner determines that a judicial determination of whether the man is the father of the child is not in the best interest of the child.

AB380, s. 212 Section 212. 767.465 (2) (a) of the statutes is amended to read:

AB380,81,16 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or a circuit or supplemental court commissioner under s. 757.69 (3) (g) 757.675 (2) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.

AB380, s. 213 Section 213. 767.51 (3m) (f) 2. of the statutes is amended to read:

AB380,82,2 767.51 (3m) (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. 214 Section 214. 767.62 (2) (b) of the statutes is amended to read:

AB380,82,8 767.62 (2) (b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or family circuit court commissioner may not enter an order specified in sub. (4) with respect to the man who signed the statement as the father of the child unless the man is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60.

AB380, s. 215 Section 215. 767.62 (3) (b) of the statutes is amended to read:

AB380,82,13 767.62 (3) (b) Except as provided in s. 767.045, in an action specified in par. (a) the court or family a circuit court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.