h. The potential costs of an action affecting the family, including: representation
by an attorney; mediation fees; custody and physical placement study fees; fees and
expenses of a GAL and any expert witness ordered to assist the GAL; the costs of mental

or physical examinations of a party; and any other costs, fees, or expenses that may be
incurred during litigation.
AB244, s. 20 1Section 20. 767.115 (1) (bm) of the statutes is created to read:
AB244,8,102 767.115 (1) (bm) In the discretion of the court or circuit court commissioner, the
3parties may not be required to attend a program under par. (a) or may be required
4to attend separate sessions of the program if the court or circuit court commissioner
5finds that attending such a program or attending such a program with the other
6party would cause undue hardship or endanger the health or safety of one of the
7parties. In making a determination of whether attending a program under par. (a)
8or attending the program with the other party would endanger the health or safety
9of one of the parties, the court or circuit court commissioner shall consider the
10following:
AB244,8,1211 1. Evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of
12the child, as defined in s. 48.02 (2).
AB244,8,1413 2. Evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m),
14or domestic abuse, as defined in s. 813.12 (1) (am).
AB244,8,1615 3. Evidence that either party has a significant problem with alcohol or other
16drug abuse.
AB244,8,1917 4. Any other evidence indicating that a party's health or safety will be
18endangered by attending a program or by attending the program with the other
19party.
Note: Under Section 20, the parties to an action affecting the family may not be
required to attend the parent education program or may be required to attend separate
sessions of the program if the court or CCC finds that attending such a program or
attending such a program with the other party would cause undue hardship or endanger
the health or safety of one of the parties. In making this determination, the court or CCC
must consider evidence that a party engaged in child abuse; evidence of spousal battery
or domestic abuse; evidence that either party has a significant problem with alcohol or
other drug abuse; or any other evidence that a party's health or safety will be endangered
by attending a program or by attending the program with the other party.
AB244, s. 21
1Section 21. 767.115 (1m) of the statutes is amended to read:
AB244,9,82 767.115 (1m) A program under sub. (1) (a) shall be educational rather than
3therapeutic in nature and may not exceed a total of shall include at least 4 hours in
4length
of instruction or training. The parties shall be responsible for the cost, if any,
5of attendance at the program. The court or circuit court commissioner may
6specifically assign responsibility for payment of any cost. No facts or information
7obtained in the course of the program, and no report resulting from the program, is
8admissible in any action or proceeding.
Note: Under current law, the parent education program may not exceed four hours
in length. Section 21 amends current law to provide that the program must include at
least four hours of instruction or training.
AB244, s. 22 9Section 22. 767.115 (2) of the statutes is renumbered 767.115 (2) (a) and
10amended to read:
AB244,9,1511 767.115 (2) (a) Notwithstanding s. 767.07 Except as provided in par. (b), the
12court or circuit court commissioner may require the parties to an action affecting the
13family in which a minor child is involved
to attend a program under sub. (1) (a) as
14a condition to the granting of a final judgment or order in the action affecting the
15family that is pending before the court or circuit court commissioner.
AB244, s. 23 16Section 23. 767.115 (2) (b) of the statutes is created to read:
AB244,9,2117 767.115 (2) (b) If the parties were not ordered to attend a program under sub.
18(1) (a) because the court or circuit court commissioner found under sub. (1) (bm) that
19attending would cause undue hardship or endanger the health or safety of one of the
20parties, the court or circuit court commissioner may not condition the granting of the
21final judgment or order in the action affecting the family on attending a program.
Note: Under Sections 22 and 23, a court or CCC may require the parties to an
action affecting the family in which a minor child is involved to attend a parent education
program as a condition to the granting of a final judgment unless the parties were not
ordered to attend a parent education program.
AB244, s. 24
1Section 24. 767.115 (2) (c) of the statutes is created to read:
AB244,10,42 767.115 (2) (c) The court or circuit court commissioner may refuse to hear a
3custody or physical placement motion of a party who refuses to attend a program
4ordered under sub. (1) (a).
Note: Section 24 provides that a court or CCC may refuse to hear a custody or
physical placement motion of a party who is ordered and refuses to attend a parent
education program.
AB244, s. 25 5Section 25. 767.115 (3) of the statutes is amended to read:
AB244,10,86 767.115 (3) A party who fails to attend a program ordered under sub. (1) (a) or
7to pay costs specifically ordered under sub. (1m) may be proceeded against under ch.
8785 for contempt of court.
Note: Section 25 conforms a cross-reference with a change made in the bill.
AB244, s. 26 9Section 26. 767.115 (4) of the statutes is repealed.
Note: Section 26 repeals a provision of current law that permits a court or CCC
to order parties to a pending divorce or paternity action to attend a class that addresses
such issues as child development, family dynamics, how parental separation affects a
child's development, and what parents can do to make raising a child in a separated
situation less stressful for the child, because parties to these actions will be required to
attend such a class under Sections 9 to 19.
AB244, s. 27 10Section 27. 767.24 (1m) (intro.) of the statutes is amended to read:
AB244,11,211 767.24 (1m) Parenting plan. (intro.) In an action for annulment, divorce, or
12legal separation, an action to determine paternity, or an action under s. 767.02 (1)
13(e) or 767.62 (3) in which legal custody or physical placement is contested, a party
14seeking sole or joint legal custody or periods of physical placement shall file a
15parenting plan with the court before any pretrial conference within 60 days after the
16court waives the requirement to attend mediation or within 60 days after the
17mediator notifies the court under s. 767.11 (12) (b) that the parties have not reached
18an agreement, unless the court orders otherwise
. Except for cause shown, a party
19required to file a parenting plan under this subsection who does not timely file a

1parenting plan waives the right to object to the other party's parenting plan. A
2parenting plan shall provide information about the following questions:
Note: Section 27 requires parties to file a parenting plan within 60 days after the
court waives the requirement to attend mediation or within 60 days after the mediator
notifies the court that the parties have not reached an agreement, unless the court orders
otherwise. Under current law, the parenting plan must be filed before any pretrial
conference.
AB244, s. 28 3Section 28. 767.265 (3j) of the statutes is created to read:
AB244,11,94 767.265 (3j) (a) A person who receives notice of assignment under s. 767.045
5(6) (b) shall withhold the amount specified in the notice from any money that that
6person pays to the payer later than one week after receipt of notice of assignment.
7Within 5 days after the day on which the person pays money to the payer, the person
8shall send the amount withheld to the guardian ad litem or county treasurer
9specified in the notice.
AB244,11,1410 (b) A person who receives notice of assignment under s. 814.615 (3) shall
11withhold the amount specified in the notice from any money that that person pays
12to the payer later than one week after receipt of notice of assignment. Within 5 days
13after the day on which the person pays money to the payer, the person shall send the
14amount withheld to the county treasurer specified in the notice.
AB244,11,1515 (c) Section 241.09 does not apply to assignments under this subsection.
Note: Section 28 provides that an employer or other person who receives notice
of an income-withholding order as provided under Sections 4 and 34 must withhold the
amount specified from any money paid to the person subject to the order later than one
week after receiving the notice. The money must then be sent to the GAL or county
treasurer within five days.
AB244, s. 29 16Section 29. 767.265 (4) of the statutes is amended to read:
AB244,11,1917 767.265 (4) A withholding assignment or order under this section or s. 767.045
18(6) (b),
767.23 (1) (L) or, 767.25 (4m) (c), or 814.615 (3) has priority over any other
19assignment, garnishment, or similar legal process under state law.

Note: Section 29 provides that, along with income withholding to pay child
support, an income-withholding order under Section 4 or 34 has priority over any other
assignment, garnishment, or similar legal process.
AB244, s. 30 1Section 30. 767.265 (6) (a) of the statutes is renumbered 767.265 (6) (a) 1.
AB244, s. 31 2Section 31. 767.265 (6) (a) 2. of the statutes is created to read:
AB244,12,93 767.265 (6) (a) 2. Except as provided in sub. (3m), if after receipt of notice of
4assignment the person from whom the payer receives money fails to withhold the
5money or send the money to the guardian ad litem or county treasurer as provided
6in sub. (3j), the person may be proceeded against under the principal action under
7ch. 785 for contempt of court or may be proceeded against under ch. 778 and be
8required to forfeit not less than $50 nor more than an amount, if the amount exceeds
9$50, that is equal to 1% of the amount not withheld or sent.
Note: Section 31 creates penalties for failure to withhold income as ordered under
Section 4 or 34.
AB244, s. 32 10Section 32. 767.265 (6) (c) of the statutes is amended to read:
AB244,12,1911 767.265 (6) (c) No employer may use an assignment under this section or s.
12767.045 (6) (b), 767.23 (1) (L) or, 767.25 (4m) (c), or 814.615 (3) as a basis for the denial
13of employment to a person, the discharge of an employee, or any disciplinary action
14against an employee. An employer who denies employment or discharges or
15disciplines an employee in violation of this paragraph may be fined not more than
16$500 and may be required to make full restitution to the aggrieved person, including
17reinstatement and back pay. Except as provided in this paragraph, restitution shall
18be in accordance with s. 973.20. An aggrieved person may apply to the district
19attorney or to the department for enforcement of this paragraph.
Note: Section 32 provides that an employer may not use an income-withholding
order under Section 4 or 34 as a basis for denying a person employment, discharging an
employee, or any disciplinary action against an employee.
AB244, s. 33 20Section 33. 814.615 (1) (b) of the statutes is amended to read:
AB244,13,4
1814.615 (1) (b) The Except as provided in sub. (3), the county shall determine
2when and how to collect the fees under par. (a). Subject to sub. (3), the county shall
3reduce the fees in accordance with the parties' ability to pay or provide the services
4without payment of the fees if both parties are unable to pay.
AB244, s. 34 5Section 34. 814.615 (3) of the statutes is amended to read:
AB244,13,136 814.615 (3) The court or circuit court commissioner shall direct either or both
7parties to pay any applicable fee under this section. In directing the manner of
8payment of the fees, the court may order that payment be withheld from income and
9sent to the county treasurer, as provided in s. 767.265 (3j) (b). If the court orders
10income withholding and assignment for the fees, the court shall send notice of
11assignment in the manner provided under s. 767.265 (2r).
If either or both parties
12are unable to pay, the court shall grant a separate judgment for the amount of the
13fees in favor of the county and against the party or parties responsible for the fees.
Note: This Section permits the court or CCC to order income withholding for one
or both of the parties in order to collect fees for mediation or a custody and placement
study.
AB244, s. 35 14Section 35. Initial applicability.
AB244,13,1715 (1) This act first applies to actions commenced on the effective date of this
16subsection, including actions to enforce or modify a judgment or order that was
17granted before the effective date of this subsection.
Note: Section 35 provides that the provisions of the act first apply to actions
affecting the family commenced on the effective date of the act.
AB244,13,1818 (End)
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