AB449: Bill Text

AB449, s. 30 Section 30. 767.32 (2) (b) of the statutes is created to read:

AB449,22,2 767.32 (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.

AB449, s. 31 Section 31 . 767.32 (2m) of the statutes is amended to read:

AB449,22,8 767.32 (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.

AB449, s. 32 Section 32. 767.325 (5r) of the statutes is created to read:

AB449,22,17 767.325 (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.

AB449,22,20 (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.

AB449, s. 33 Section 33 . 767.45 (7) of the statutes is amended to read:

AB449,23,2 767.45 (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 (h), (6), (6m), or (6r), 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 that a court may consider under s. 767.25 (1m).

AB449, s. 34 Section 34 . 767.455 (6) of the statutes is amended to read:

AB449,23,8 767.455 (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 that a court may consider under s. 767.25 (1m).

AB449, s. 35 Section 35 . 767.477 (2) of the statutes is amended to read:

AB449,23,16 767.477 (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).

AB449, s. 36 Section 36. 938.30 (6) (b) of the statutes is amended to read:

AB449,24,2 938.30 (6) (b) 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).

AB449, s. 37 Section 37. 938.31 (7) (b) of the statutes is amended to read:

AB449,24,13 938.31 (7) (b) 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).

AB449, s. 38 Section 38. 938.33 (4m) (intro.) of the statutes is amended to read:

AB449,24,20 938.33 (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:

AB449, s. 39 Section 39. 938.357 (5m) (a) of the statutes is amended to read:

AB449,25,8 938.357 (5m) (a) 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).

AB449, s. 40 Section 40. 938.363 (1) (c) of the statutes is amended to read:

AB449,25,18 938.363 (1) (c) 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).

AB449, s. 41 Section 41. 948.22 (4) (b) of the statutes is amended to read:

AB449,26,2 948.22 (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).

AB449, s. 42 Section 42 . 948.22 (7) (bm) of the statutes is amended to read:

AB449,26,10 948.22 (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.

AB449, s. 43 Section 43. Initial applicability.

AB449,26,14 (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.

AB449,26,15 (End)