AB445: Bill Text

AB445,37,23 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB445,37,25 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB445, s. 76 Section 76. 767.51 (4g) of the statutes is repealed.

AB445, s. 77 Section 77. 767.51 (4m) of the statutes is repealed.

AB445, s. 78 Section 78. 767.51 (5) of the statutes is repealed.

AB445, s. 79 Section 79. 767.51 (5d) of the statutes is repealed.

AB445, s. 80 Section 80. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed.

AB445, s. 81 Section 81. 767.53 (intro.) of the statutes is amended to read:

AB445,38,11 767.53 Paternity hearings and records; confidentiality. (intro.) Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of the pending proceedings shall be placed in a closed file, except that:

AB445, s. 82 Section 82. 767.53 (1) (intro.) of the statutes is amended to read:

AB445,38,14 767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to all of the following:

AB445, s. 83 Section 83. 767.53 (3) of the statutes is created to read:

AB445,38,17 767.53 (3) Subject to s. 767.19, the records of any past proceeding in which paternity was established are open to public inspection.

AB445, s. 84 Section 84. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB445,38,23 767.62 (4) Orders when paternity acknowledged. 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 court commissioner shall make an order that contains all of the following provisions:

AB445,38,25 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB445,39,5 (b) An order requiring either or both of the parents to contribute to 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, determined in accordance with s. 767.25.

AB445,39,8 (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB445,39,11 (d) An order requiring the father to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, based on the father's ability to pay or contribute to those expenses.

AB445,39,13 (e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

AB445,39,15 (f) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB445, s. 85 Section 85. 767.62 (4m) of the statutes is created to read:

AB445,39,20 767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:

AB445,39,22 1. That he or she was induced to delay commencing the action by any of the following:

AB445,39,23 a. Duress or threats.

AB445,39,25 b. Actions, promises or representations by the other party upon which the party relied.

AB445,40,1 c. Actions taken by the other party to evade proceedings under sub. (3) (a).

AB445,40,3 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB445,40,5 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB445, s. 86 Section 86. 802.12 (3) (d) 1. of the statutes is amended to read:

AB445,40,8 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

AB445, s. 87 Section 87. 802.12 (3) (d) 3. of the statutes is amended to read:

AB445,40,11 802.12 (3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62 (4) (a).

AB445, s. 88 Section 88. 808.075 (4) (d) 11. of the statutes is amended to read:

AB445,40,14 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25 (4m), or 767.265, 767.51 (3m) or 767.62 (4) (b) 3.

AB445, s. 89 Section 89. 948.22 (7) (bm) of the statutes is amended to read:

AB445,40,21 948.22 (7) (bm) Upon request, the court may modify the amount of child or spousal support payments determined under par. (b) 2. if, after considering the factors listed in s. 767.25 (1m) or 767.51 (5), regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.25 (1), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to either of the child's parents.

AB445, s. 90 Section 90. Nonstatutory provisions.

AB445,40,23 (1) Study on the guardian ad litem system.

AB445,41,3 (a) The joint legislative council is requested to establish a committee to study reforming the guardian ad litem system as it applies to actions affecting the family. The committee shall include legislators, attorneys, judges, court commissioners, mental health professionals and other individuals representing the public interest. The study shall include an examination of at least all of the following:

AB445,41,9 1. The appointment of guardians ad litem, including whether the appointment of a guardian ad litem should be required in every case in which legal custody or physical placement of a child is contested and whether professionals with specialized training and expertise in the emotional and developmental phases and needs of children, such as child psychologists, child psychiatrists and child therapists, should be appointed to act as guardians ad litem.

AB445,41,10 2. The role of the guardian ad litem.

AB445,41,11 3. Supervision of guardians ad litem.

AB445,41,12 4. Training of guardians ad litem.

AB445,41,13 5. Compensation of guardians ad litem.

AB445,41,16 (b) If a committee is established, the committee shall prepare a report with its recommendations and shall petition the supreme court to consider rules for the reform of the guardian ad litem system on the basis of the recommendations.

AB445, s. 91 Section 91. Initial applicability.

AB445,42,7 (1) The treatment of sections 20.921 (2) (a), 66.184, 102.27 (2) (a), 120.13 (2) (g), 565.30 (5m), 632.897 (10) (a) 3., 767.045 (1) (a) 2., (am) and (e) and (4m), 767.078 (1) (a) 1. and (2), 767.11 (12) (b), 767.115 (title) and (4), 767.23 (1) (a), (am), (c) and (k) and (1n), 767.24 (1), (1m), (2) (a), (am), (b) and (c), (4) (c) and (5) (intro.), (a), (bm), (cm), (dm), (em), (fm), (g) and (jm), 767.242, 767.25 (1) (intro.), (1m) (b) and (c), (4m) (b) and (5), 767.253, 767.254 (2) (intro.), 767.265 (1), (3h), (4) and (6) (a), (b) and (c), 767.267 (1), 767.29 (1m) (intro.), 767.295 (2) (a) (intro.) and (c), 767.303 (1) (by Section 59), 767.32 (1) (b) 4. and (2m), 767.325 (2m), (5m) and (6m), 767.327 (4) and (5m), 767.45 (7), 767.455 (6), 767.477 (1) and (2), 767.51 (3), (3m), (3r), (4), (4g), (4m), (5), (5d) and (5p), 767.53 (intro.), (1) (intro.) and (3), 767.62 (4) and (4m), 802.12 (3) (d) 1. and 3., 808.075 (4) (d) 11. and 948.22 (7) (bm) of the statutes, the renumbering and amendment of section 767.24 (4) (a) of the statutes and the creation of section 767.24 (4) (a) 3. of the statutes first apply to actions affecting the family, including actions to enforce or modify a judgment or order in an action affecting the family previously granted, that are commenced on the effective date of this subsection.

AB445,42,11 (2) The treatment of sections 767.25 (6) (intro.) and 767.261 (intro.) of the statutes first applies to arrearages existing or accruing on the effective date of this subsection, regardless of when the order on which the arrearages are based was entered.

AB445, s. 92 Section 92. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB445,42,17 (1) The treatment of section 767.303 (1) (by Section 60 ) of the statutes takes effect on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, or on May 1, 2000, whichever is earlier.

AB445,42,18 (End)