AB380: Bill Text

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period, by motion request a hearing on the issue of whether the order should be vacated or the assignment should be withdrawn.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.

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: