AB380: Bill Text

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.

AB380, s. 216 Section 216. 767.62 (4) (a) of the statutes is amended to read:

AB380,83,5 767.62 (4) (a) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family a circuit court commissioner may make an order that contains any provision directed against the appropriate party to the proceeding concerning the duty of support, the legal custody or guardianship of the child, periods of physical placement, the furnishing of bond or other security for the payment of amounts under the order or any other matter in the best interest of the child. Unless the court orders otherwise, if there is no presumption of paternity under s. 891.41 (1) the mother shall have sole legal custody of the child. The court or family circuit court commissioner shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The order may direct the father to pay or contribute to the reasonable expenses of the mother's pregnancy and confinement during pregnancy and may direct either party to pay or contribute to the costs of attorney fees or other costs.

AB380, s. 217 Section 217. 767.62 (4) (b) 2. of the statutes is amended to read:

AB380,83,23 767.62 (4) (b) 2. In addition to ordering child support for a child under par. (a), the court or family circuit court commissioner shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court or family circuit court commissioner shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court enters an order under this paragraph, the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subdivision. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the other parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This paragraph may not be construed to limit the authority of the court or family circuit court commissioner to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums that are in addition to and not inconsistent with this paragraph.

AB380, s. 218 Section 218. 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin Act 191, section 489, is amended to read:

AB380,84,14 767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care expenses, the court or family circuit 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 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 circuit court commissioner orders income withholding and assignment for the payment of health care expenses, the court or family circuit 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 department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the department or its designee for health care expenses that are directed to be paid to the department or its designee.

AB380, s. 219 Section 219. 767.62 (4) (b) 3. b. of the statutes is amended to read:

AB380,85,2 767.62 (4) (b) 3. b. If the court or family circuit court commissioner orders a parent to initiate or continue health insurance coverage for a child under a health insurance policy that is available to the parent through an employer or other organization but the court or family circuit court commissioner does not specify the manner in which payment of the health insurance premiums shall be made, the clerk of court may provide notice of assignment in the manner provided under s. 767.265 (2r) for the withholding from income of the amount necessary to pay the health insurance premiums. That notice of assignment may be sent with or included as part of any other notice of assignment under s. 767.265, if appropriate. A person who receives the notice of assignment shall send the withheld health insurance premiums to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h).

AB380, s. 220 Section 220. 767.62 (4) (b) 4. (intro.) of the statutes is amended to read:

AB380,85,8 767.62 (4) (b) 4. (intro.) If the court or family circuit court commissioner orders a parent to provide coverage of the health care expenses of the parent's child and the parent is eligible for family coverage of health care expenses under a health benefit plan that is provided by an employer on an insured or on a self-insured basis, the employer shall do all of the following:

AB380, s. 221 Section 221. 767.62 (4) (b) 4. c. of the statutes is amended to read:

AB380,85,16 767.62 (4) (b) 4. c. After the child has coverage under the employer's health benefit plan, and as long as the parent is eligible for family coverage under the employer's health benefit plan, continue to provide coverage for the child unless the employer receives satisfactory written evidence that the order of the court or family circuit court commissioner is no longer in effect or that the child has coverage of health care expenses under another health insurance policy or health benefit plan that provides comparable coverage of health care expenses.

AB380, s. 222 Section 222. 767.62 (4) (b) 5. a. of the statutes is amended to read:

AB380,85,24 767.62 (4) (b) 5. a. If a parent who has been ordered by a court or family circuit court commissioner to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department or any other person who paid for the services on behalf of the child, the department may obtain a judgment against the parent for the amount of the 3rd party payment.

AB380, s. 223 Section 223. 767.62 (4) (b) 6. b. of the statutes is amended to read:

AB380,86,11 767.62 (4) (b) 6. 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 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 subd. 6. b. 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. 224 Section 224. 767.62 (4) (d) 1. of the statutes is amended to read:

AB380,86,15 767.62 (4) (d) 1. Except as provided in par. (e), the court or family circuit court commissioner shall determine child support payments under par. (a) by using the percentage standard established by the department under s. 49.22 (9).

AB380, s. 225 Section 225. 767.62 (4) (d) 2. of the statutes is amended to read:

AB380,86,21 767.62 (4) (d) 2. In determining child support payments under par. (a), the court or family circuit court commissioner may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5).

AB380, s. 226 Section 226. 767.62 (4) (e) (intro.) of the statutes is amended to read:

AB380,87,2 767.62 (4) (e) (intro.) Upon request by a party, the court or family circuit court commissioner may modify the amount of child support payments determined under par. (d) if, after considering the following factors, the court or family circuit court commissioner finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to the requesting party:

AB380, s. 227 Section 227. 767.62 (4) (e) 14. of the statutes is amended to read:

AB380,87,5 767.62 (4) (e) 14. Any other factors that the court or family circuit court commissioner in each case determines are relevant to the best interests of the child.

AB380, s. 228 Section 228. 767.62 (4) (f) of the statutes is amended to read:

AB380,87,14 767.62 (4) (f) If the court or family circuit 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 circuit 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 circuit 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.

AB380, s. 229 Section 229. 769.102 of the statutes is amended to read:

AB380,87,17 769.102 Tribunal of this state. The courts and circuit and supplemental court commissioners are the tribunal of this state.

AB380, s. 230 Section 230. 769.302 of the statutes is amended to read:

AB380,88,2 769.302 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding s. 767.045 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a family circuit court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.475 (1).

AB380, s. 231 Section 231. 782.01 (3) of the statutes is amended to read:

AB380,88,8 782.01 (3) In this chapter, unless the context requires otherwise, judge includes the supreme court, the court of appeals and circuit courts and each justice and judge thereof and circuit and supplemental court commissioners; and prisoner includes every person restrained of personal liberty; and imprisoned includes every such restraint, and respondent means the person on whom the writ is to be served.

AB380, s. 232 Section 232. 782.03 of the statutes is amended to read:

AB380,88,20 782.03 Petition for writ. Application for the writ shall be by petition, signed either by the prisoner or by some person in his or her behalf, and may be made to the supreme court, the court of appeals or the circuit court of the county, or to any justice or judge of the supreme court, court of appeals or circuit court or to any circuit or supplemental court commissioner, within the county where the prisoner is detained; or if there is no judge within the county, or for any cause he or she is incapable of acting, or has refused to grant the writ, then to some judge residing in an adjoining county; but every application, made by or on behalf of a person sentenced to the state prisons, must contain a copy of any motion made under s. 974.06 and shall indicate the disposition of the motion and the court in which the disposition was made. If no motion was made, the petition shall so state.

AB380, s. 233 Section 233. 782.28 of the statutes is amended to read:

AB380,89,2 782.28 (title) Transfer from circuit court commissioner. If the writ is returnable before a circuit court commissioner, either party may make a request for transfer to the court in which the matter is filed. Upon receipt of such request the circuit court commissioner shall forthwith transmit all papers and records in the proceedings to the court.

AB380, s. 234 Section 234. 799.03 of the statutes is amended to read:

AB380,89,5 799.03 Definition. In this chapter unless otherwise designated, "court" means circuit court and "court" does not mean circuit court commissioner.

AB380, s. 235 Section 235. 799.05 (7) (intro.) of the statutes is amended to read:

AB380,89,11 799.05 (7) (title) Form; circuit court commissioner. (intro.) Except as provided in s. 799.22 (4) (b) 3., in counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner is assigned to assist in small claims matters, the summons shall be substantially in the following form:

AB380, s. 236 Section 236. 799.06 (1) of the statutes is amended to read:

AB380,89,15 799.06 (1) Pleadings. All pleadings except the initial complaint may be oral. Any circuit court may by rule require written pleadings and any judge or circuit court commissioner may require written pleadings in a particular case.

AB380, s. 237 Section 237. 799.11 (3) of the statutes is amended to read:

AB380,89,23 799.11 (3) When, in any action under this chapter, it appears from the return of service of the summons or otherwise that the county in which the action is pending is not a proper place of trial and that another county would be a proper place of trial, the court or circuit court commissioner shall, on motion of a party or its own motion, transfer the action to that county unless the defendant appears and waives the improper venue. The clerk of the court to which the action is transferred shall issue a new notice of return date upon payment of the fee required by s. 814.61 (2) (a).

AB380, s. 238 Section 238. 799.20 (4) of the statutes is amended to read:

AB380,90,8 799.20 (4) Inquiry of defendant who appears on return date. If the defendant appears on the return date of the summons or any adjourned date thereof, the court or circuit court commissioner shall make sufficient inquiry of the defendant to determine whether the defendant claims a defense to the action. If it appears to the court or circuit court commissioner that the defendant claims a defense to the action, the court or circuit court commissioner shall schedule a trial of all the issues involved in the action, unless the parties stipulate otherwise or the action is subject to immediate dismissal.

AB380, s. 239 Section 239. 799.206 (1), (2) and (4) of the statutes are amended to read:

AB380,90,15 799.206 (1) In counties establishing at least one part-time or full-time a circuit court commissioner position under s. 757.68 (1) (b) (5m), all actions and proceedings commenced under this chapter shall be returnable before a circuit court commissioner appointed under s. 757.68 (1) and SCR chapter 75. In any other county, a circuit court commissioner may conduct return date proceedings if delegated such authority under s. 757.69 (1) (d).

AB380,90,17 (2) Judgment on failure to appear may be entered by the circuit court commissioner or the clerk upon the return date as provided in s. 799.22.

AB380,90,19 (4) Except as provided in sub. (3), the circuit court commissioner shall hear all matters using the procedures set forth in s. 799.207.

AB380, s. 240 Section 240. 799.207 (title) of the statutes is amended to read:

AB380,90,21 799.207 (title) Proceedings before circuit court commissioner.

AB380, s. 241 Section 241. 799.207 (1) (a) of the statutes is amended to read:

AB380,90,25 799.207 (1) (a) Any circuit court commissioner assigned to assist in the administration of small claims matters may hold a conference with the parties or their attorneys or both on the return date, examine pleadings and identify issues.

AB380, s. 242 Section 242. 799.207 (1) (b) of the statutes is amended to read:

AB380,91,6 799.207 (1) (b) Except as provided in par. (e), a decision shall be rendered by the circuit court commissioner on the return date if there is time available for a hearing, the parties do not intend to call witnesses, and the parties agree to such a hearing. If for any of the reasons stated in this paragraph, the matter cannot be heard on the return date, an adjourned date shall be set.

AB380, s. 243 Section 243. 799.207 (1) (e) of the statutes is amended to read:

AB380,91,10 799.207 (1) (e) If the circuit court commissioner cannot reach a decision on the return or adjourned date, the commissioner shall mail the decision to each party within 30 days of the date of the hearing.

AB380, s. 244 Section 244. 799.207 (2) (intro.) of the statutes is amended to read:

AB380,91,14 799.207 (2) (intro.) The circuit court commissioner's decision shall become a judgment 11 days after rendering, if oral, and 16 days after mailing, if written, except that:

AB380, s. 245 Section 245. 799.207 (3) (b) of the statutes is amended to read:

AB380,91,18 799.207 (3) (b) The circuit court commissioner shall give each of the parties a form and instructions which shall be used for giving notice of an election to have the matter heard by the court.

AB380, s. 246 Section 246. 799.209 (1) to (4) of the statutes are amended to read:

AB380,91,23 799.209 (1) The court or circuit court commissioner shall conduct the proceeding informally, allowing each party to present arguments and proofs and to examine witnesses to the extent reasonably required for full and true disclosure of the facts.

AB380,92,5 (2) The proceedings shall not be governed by the common law or statutory rules of evidence except those relating to privileges under ch. 905 or to admissibility under s. 901.05. The court or circuit court commissioner shall admit all other evidence having reasonable probative value, but may exclude irrelevant or repetitious evidence or arguments. An essential finding of fact may not be based solely on a declarant's oral hearsay statement unless it would be admissible under the rules of evidence.

AB380,92,8 (3) The court or circuit court commissioner may conduct questioning of the witnesses and shall endeavor to ensure that the claims or defenses of all parties are fairly presented to the court or circuit court commissioner.

AB380,92,12 (4) The court or circuit court commissioner shall establish the order of trial and the procedure to be followed in the presentation of evidence and arguments in an appropriate manner consistent with the ends of justice and the prompt resolution of the dispute on its merits according to the substantive law.

AB380, s. 247 Section 247. 799.21 (3) (b) of the statutes is amended to read:

AB380,92,24 799.21 (3) (b) In counties establishing at least one part-time or full-time court commissioner position under s. 757.68 (1) (b) in which a circuit court commissioner is assigned to assist in small claims matters, except in eviction actions which shall be governed by par. (a), demand for trial by jury shall be made at the time a demand for trial is filed. If the party requesting a trial does not request a jury trial, any other party may request a jury trial by filing the request with the court and mailing copies to all other parties within 15 days from the date of mailing of the demand for trial or the date on which personal notice of demand is given, whichever is applicable. If no party demands a trial by jury, the right to trial by jury is waived forever. The fees prescribed in ss. 814.61 (4) and 814.62 (3) (e) shall be paid when the demand for a trial by jury is filed.

AB380, s. 248 Section 248. 799.21 (4) of the statutes is amended to read:

AB380,93,7 799.21 (4) Jury procedure. If there is a demand for a trial by jury, the judge or circuit court commissioner shall place the case on the trial calendar and a jury of 6 persons shall be chosen as provided in s. 345.43 (3) (b). The parties shall proceed as if the action had originally been begun as a proceeding under chs. 801 to 807, except that the court is not required to provide the jury with one complete set of written instructions under s. 805.13 (4) and the requirements for appearance by the parties shall be governed by s. 799.06 (2).

AB380, s. 249 Section 249. 799.24 (1) of the statutes is amended to read:

AB380,93,16 799.24 (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, circuit court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.

AB380, s. 250 Section 250. 799.24 (3) of the statutes is amended to read:

AB380,93,23 799.24 (3) Stipulated dismissal. Prior to the entry of judgment, upon stipulation of the parties to a schedule for compliance with the stipulation, the court or circuit court commissioner may enter a stipulated judgment of dismissal in lieu thereof. Any such judgment may be vacated without notice to the obligated party, and the unsatisfied portion thereof entered, upon application by the prevailing party and proof by affidavit of noncompliance with the terms of the stipulation.

AB380, s. 251 Section 251. 799.26 (1) of the statutes is amended to read:

AB380,94,11 799.26 (1) When a judgment for money damages is entered under this chapter, the court or circuit court commissioner shall order the judgment debtor to execute under penalty of contempt a disclosure statement and to mail or deliver that statement to the judgment creditor or to the clerk of circuit court in the county where the judgment is entered within 15 days of entry of judgment unless the judgment is sooner satisfied. The statement shall disclose, as of the date of judgment, the debtor's name, residence address, employers and their addresses, any real property interests owned by the debtor, cash on hand, financial institutions in which the judgment debtor has funds on deposit, whether the debtor's earnings are totally exempt from garnishment under s. 812.34 (2) (b), and such other information as required by the schedules adopted under sub. (3).

AB380, s. 252 Section 252. 803.01 (3) (b) 1. of the statutes is amended to read:

AB380,94,17 803.01 (3) (b) 1. The guardian ad litem shall be appointed by a circuit court of the county where the action is to be commenced or is pending, except that the guardian ad litem shall be appointed by a family circuit court commissioner of the county in actions to establish paternity that are before the family circuit court commissioner.

AB380, s. 253 Section 253. 807.02 of the statutes is amended to read:

AB380,95,2 807.02 Motions, where heard; stay of proceedings. Except as provided in s. 807.13 or when the parties stipulate otherwise and the court approves, motions in actions or proceedings in the circuit court must be heard within the circuit where the action is triable. Orders out of court, not requiring notice, may be made by the presiding judge of the court in any part of the state. No order to stay proceedings after a verdict, report or finding in any circuit court may be made by a circuit or supplemental court commissioner. No stay of proceedings for more than 20 days may be granted except upon previous notice to the adverse party.

AB380, s. 254 Section 254. 807.04 (1) of the statutes, as affected by 1997 Wisconsin Act 133, is amended to read:

AB380,95,9 807.04 (1) Except as provided under sub. (2), all trials, and all hearings at which oral testimony is to be presented, shall be held in open court. The court may make any order which a judge or a circuit or supplemental court commissioner has power to make. Court commissioners shall have the powers provided in ch. 753 or by other statute.

AB380, s. 255 Section 255. 807.09 (1) of the statutes is amended to read:

AB380,95,16 807.09 (1) A circuit judge of the circuit court of any county may appoint and remove at any time, any retired or former circuit or county court judge to act, in matters referred by the judge and in conciliation matters. When a matter for conciliation is referred for such purpose, the conciliator shall have full authority to hear, determine and report findings to the court. Such conciliators may be appointed circuit court commissioners as provided in s. 757.68 under SCR 75.02 (1).

AB380, s. 256 Section 256. 812.30 (2) of the statutes is amended to read:

AB380,95,19 812.30 (2) "Court" includes a circuit court commissioner assigned to preside at a proceeding under this subchapter.

AB380, s. 257 Section 257. 813.025 (1) of the statutes is amended to read: