SB520: Bill Text

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)