SB520: Bill Text

SB520, s. 28 Section 28. 767.32 (1) (b) 4. of the statutes is amended to read:

SB520,23,20 767.32 (1) (b) 4. A If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced before the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 29 Section 29 . 767.32 (1) (b) 4. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,24,6 767.32 (1) (b) 4. A If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced before the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d) or 767.25 (1n), whichever is appropriate.

SB520, s. 30 Section 30. 767.32 (1) (b) 5. of the statutes is created to read:

SB520,24,16 767.32 (1) (b) 5. If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced on or after the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the method of calculating child support under s. 767.251 if the court did not use that method in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 31 Section 31. 767.32 (1) (b) 5. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB520,25,2 767.32 (1) (b) 5. If the action in which the court most recently ordered child support, including a revision of a child support order under this section, was commenced on or after the effective date of this subdivision .... [revisor inserts date], a difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the method of calculating child support under s. 767.251 if the court did not use that method in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n), 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB520, s. 32 Section 32. 767.32 (1) (b) 6. of the statutes is created to read:

SB520,25,10 767.32 (1) (b) 6. The amount of child support last ordered by the court was based on the amount of physical placement awarded to the parties and the payer has consistently failed to exercise his or her periods of physical placement, if the amount of child support under the revised order, based on the actual amount of physical placement that the payer has in the past exercised, will differ from the amount under the last order by at least 15% of the amount under the last order or by at least $60 per month.

SB520, s. 33 Section 33. 767.32 (2) of the statutes is renumbered 767.32 (2) (a) and amended to read:

SB520,25,16 767.32 (2) (a) Except as provided in sub. (2m) or (2r), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under s. 49.22 (9) method under s. 767.251.

SB520, s. 34 Section 34. 767.32 (2) (b) of the statutes is created to read:

SB520,25,22 767.32 (2) (b) In determining the amount of physical placement that each parent has for purposes of calculating child support under s. 767.251, the court shall use the actual time that a child regularly spends with each parent, regardless of the allocation of physical placement between the parents under a physical placement order.

SB520, s. 35 Section 35. 767.32 (2m) of the statutes is amended to read:

SB520,26,4 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or to any of the parties.

SB520, s. 36 Section 36 . 767.32 (2m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,26,11 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or to any of the parties.

SB520, s. 37 Section 37. 767.325 (5r) of the statutes is created to read:

SB520,26,20 767.325 (5r) Delay if modification sought in response to child support modification. (a) Except as provided in par. (b), if the court determines that a petition, motion or order to show cause to modify a physical placement order is filed under this section in response to a petition, motion or order to show cause filed under s. 767.32 to revise a judgment or order with respect to an amount of child support, the court may not hear or make a determination on the petition, motion or order to show cause filed under this section until at least 30 days after the signing of the order related to the petition, motion or order to show cause to revise child support.

SB520,26,23 (b) The delay requirement under par. (a) does not apply if the party seeking to modify the physical placement order presents any credible evidence that the current allocation of physical placement will cause irreparable harm to the child.

SB520, s. 38 Section 38. 767.45 (7) of the statutes is amended to read:

SB520,27,5 767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.51 (5).

SB520, s. 39 Section 39 . 767.45 (7) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,27,12 767.45 (7) The clerk of court shall provide without charge, to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.25 (1m).

SB520, s. 40 Section 40. 767.455 (6) of the statutes is amended to read:

SB520,27,18 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.51 (5).

SB520, s. 41 Section 41 . 767.455 (6) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,27,25 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors which a court may consider under s. 767.25 (1m).

SB520, s. 42 Section 42. 767.477 (2) of the statutes is amended to read:

SB520,28,8 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court 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) method of calculating child support under s. 767.251, the court shall comply with the requirements of s. 767.51 (5d).

SB520, s. 43 Section 43 . 767.477 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,28,17 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court 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) method of calculating child support under s. 767.251, the court shall comply with the requirements of s. 767.25 (1n).

SB520, s. 44 Section 44. 767.51 (4m) of the statutes is amended to read:

SB520,28,21 767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 (9) method under s. 767.251.

SB520, s. 45 Section 45. 767.51 (4m) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 46 Section 46. 767.51 (5) (intro.) of the statutes is amended to read:

SB520,29,5 767.51 (5) (intro.) Upon request by a party, the court may modify the amount of child support payments determined under sub. (4m) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard method under s. 767.251 is unfair to the child or to the requesting party:

SB520, s. 47 Section 47. 767.51 (5) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 48 Section 48. 767.51 (5d) of the statutes is amended to read:

SB520,29,16 767.51 (5d) If the court finds under sub. (5) that use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or the requesting party, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard method under s. 767.251, the amount by which the court's order deviates from that amount, its reasons for finding that use of the percentage standard method under s. 767.251 is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification.

SB520, s. 49 Section 49. 767.51 (5d) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed.

SB520, s. 50 Section 50. 767.62 (4) of the statutes, as affected by 1999 Wisconsin Acts 9 and .... (this act), is repealed and recreated to read:

SB520,29,24 767.62 (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:

SB520,30,2 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

SB520,30,7 (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.

SB520,30,10 (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).

SB520,30,13 (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.

SB520,30,15 (e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

SB520,30,17 (f) An order requiring either party to pay or contribute to the attorney fees of the other party.

SB520, s. 51 Section 51. 767.62 (4) (d) 1. of the statutes is amended to read:

SB520,30,22 767.62 (4) (d) 1. Except as provided in par. (e), the court or family court commissioner shall determine child support payments under par. (a) by using the percentage standard established by the department under s. 49.22 (9) method under s. 767.251.

SB520, s. 52 Section 52. 767.62 (4) (e) (intro.) of the statutes is amended to read:

SB520,31,4 767.62 (4) (e) (intro.) Upon request by a party, the court or family court commissioner may modify the amount of child support payments determined under par. (d) if, after considering the following factors, the court or family court commissioner finds by the greater weight of the credible evidence that use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or to the requesting party:

SB520, s. 53 Section 53. 767.62 (4) (f) of the statutes is amended to read:

SB520,31,14 767.62 (4) (f) If the court or family court commissioner finds under par. (e) that use of the percentage standard method of calculating child support under s. 767.251 is unfair to the child or the requesting party, the court or family court commissioner shall state in writing or on the record the amount of support that would be required by using the percentage standard method under s. 767.251, the amount by which the court's or family court commissioner's order deviates from that amount, the reasons for finding that use of the percentage standard method under s. 767.251 is unfair to the child or the party, the reasons for the amount of the modification and the basis for the modification.

SB520, s. 54 Section 54. 938.30 (6) of the statutes is amended to read:

SB520,32,6 938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

SB520, s. 55 Section 55. 938.31 (7) of the statutes is amended to read:

SB520,32,22 938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

SB520, s. 56 Section 56. 938.33 (4m) (intro.) of the statutes is amended to read:

SB520,33,4 938.33 (4m) Support recommendations; information to parents. (intro.) In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 301.12 (14) (c) for deviation from the percentage standard method of calculating child support under s. 767.251. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

SB520, s. 57 Section 57. 938.357 (5m) of the statutes is amended to read:

SB520,33,17 938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB520, s. 58 Section 58. 938.363 (1) of the statutes is amended to read:

SB520,34,24 938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) method of calculating child support under s. 767.251 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a juvenile.

SB520, s. 59 Section 59. 948.22 (4) (b) of the statutes is amended to read:

SB520,35,7 948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under s. 49.22 (9) the method of calculating child support under s. 767.251 or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

SB520, s. 60 Section 60. 948.22 (7) (bm) of the statutes is amended to read:

SB520,35,15 948.22 (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 method of calculating child support under s. 767.251 is unfair to the child or to either of the child's parents.

SB520, s. 61 Section 61 . 948.22 (7) (bm) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB520,35,24 948.22 (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), 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 method of calculating child support under s. 767.251 is unfair to the child or to either of the child's parents.

SB520, s. 62 Section 62. Initial applicability.

SB520,36,3 (1) This act first applies to actions or proceedings, including actions or proceedings to enforce or modify a judgment or order previously granted, that are commenced on the effective date of this subsection.

SB520, s. 63 Section 63. Effective dates. This act takes effect on the day after publication, except as follows:

SB520,36,11 (1) The treatment of sections 767.23 (1n) (by Section 20 ), 767.295 (2) (c) (by Section 26), 767.32 (1) (b) 4. (by Section 29 ) and (2m) (by Section 36 ), 767.45 (7) (by Section 39), 767.455 (6) (by Section 41 ), 767.477 (2) (by Section 43 ) and 948.22 (7) (bm) (by Section 61 ), the repeal of section 767.51 (4m), (5) (intro.) and (5d) of the statutes, the amendment of section 767.32 (1) (b) 5. of the statutes and the repeal and recreation of section 767.62 (4) of the statutes take effect on May 1, 2000.

SB520,36,12 (End)