SB123,73,24 12767.63 Disposition of Disposed assets prior to action may be subject to
13division
. In any an action affecting the family, except an action to affirm marriage
14under s. 767.02 767.001 (1) (a), any asset with a fair market value of $500 or more
15which that would be considered part of the estate of either or both of the parties if
16owned by either or both of them at the time of the action, but which and that was
17transferred for inadequate consideration, wasted, given away, or otherwise
18unaccounted for by one of the parties within one year prior to the filing of the petition
19or the length of the marriage, whichever is shorter, shall be is rebuttably presumed
20to be part of the estate for the purposes of s. 767.255 property subject to division
21under s. 767.61
and shall be is subject to the disclosure requirement of s. 767.27
22767.127. Transfers which that resulted in an exchange of assets of substantially
23equivalent value need not be specifically disclosed where such if those assets are
24otherwise identified in the statement of net worth.
SB123, s. 125
1Section 125. 767.28 of the statutes is renumbered 767.385 and amended to
2read:
SB123,74,13 3767.385 Maintenance, legal custody, and support when divorce or
4separation denied.
In If a judgment in an action for divorce or legal separation,
5although such
denies the divorce or legal separation is denied, the court may make
6such order as the nature of the case renders just and reasonable for the legal custody
7of and periods of physical placement with any of the minor children , and for the
8maintenance of either spouse and support of such the children by either spouse out
9of property or income, as the nature of the case may render just and reasonable. If
10the court orders child support under this section, the court shall determine the child
11support payments in a manner consistent with s. 767.25 767.511, regardless of the
12fact that the court has not entered a judgment of divorce or legal separation has not
13been entered
.
SB123, s. 126 14Section 126. 767.281 (2) (title) and (4) (title) of the statutes are created to read:
SB123,74,1515 767.281 (2) (title) Support or maintenance orders.
SB123,74,16 16(4) (title) Support and maintenance payments to department.
SB123, s. 127 17Section 127. 767.29 (title) of the statutes is renumbered 767.57 (title) and
18amended to read:
SB123,74,21 19767.57 (title) Maintenance, child support , and family support
20payments
, receipt and disbursement; circuit court commissioner, fees and
21compensation
; fees.
SB123, s. 128 22Section 128. 767.29 (1) (a), (b) and (c) of the statutes are renumbered 767.57
23(1) (a), (b) and (c), and 767.57 (1) (a) and (c), as renumbered, are amended to read:
SB123,75,524 767.57 (1) (a) All orders or judgments providing for temporary or permanent
25maintenance, child support, or family support payments shall direct that the

1payment of all such sums payments be made to the department or its designee for
2the use of the person for whom the same has payments have been awarded. A party
3securing obtaining an order for temporary maintenance, child support, or family
4support payments shall forthwith promptly file the order, together with all pleadings
5in the action, with the clerk of court.
SB123,75,146 (c) Except as provided in sub. (1m), the department or its designee shall
7disburse, and take receipts for, the money received under the judgment or order in
8the manner required by federal regulations and take receipts therefor, unless the
9department or its designee is unable to disburse the moneys because they the moneys
10were paid by check or other draft drawn upon an account containing insufficient
11funds. All moneys received or disbursed under this section shall be entered in a
12record kept by the department or its designee, whichever is appropriate, which. The
13record
shall be open to inspection by the parties to the action, their attorneys, and
14the circuit court commissioner.
SB123, s. 129 15Section 129. 767.29 (1) (d) and (dm) of the statutes are renumbered 767.57 (1e)
16(a) and (b) and amended to read:
SB123,76,817 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or
18family support payments, including arrears in any of those payments in arrears, and
19for maintaining the records required under par. (c), the department or its designee
20shall collect an annual fee of $35. The court or circuit court commissioner shall order
21each party ordered to make payments to pay the annual fee under this paragraph in
22each year for which payments are ordered or in which an arrearage in any of those
23payments is owed. In directing the manner of payment of the annual fee, the court
24or circuit court commissioner shall order that the annual fee be withheld from income
25and sent to the department or its designee, as provided under s. 767.265. All fees

1collected
767.75. Fees under this paragraph shall be deposited in the appropriation
2account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual
3the fee under this paragraph, the court or circuit court commissioner shall notify
4each party ordered to make payments of the requirement to pay the annual fee, and
5of the amount of, the annual fee. If the annual fee under this paragraph is not paid
6when due, the department or its designee may not deduct the annual fee from any
7maintenance, child or family support, or arrearage payment, but may move the court
8for a remedial sanction under ch. 785.
SB123,76,239 (b) 1m. The department or its designee may collect any unpaid fees under s.
10814.61 (12) (b), 1997 stats., that are shown on the department's automated payment
11and collection system on December 31, 1998, and shall deposit all fees collected under
12this subdivision in the appropriation account under s. 20.445 (3) (ja). The
13department or its designee may collect unpaid fees under this subdivision through
14income withholding under s. 767.265 767.75 (2m). If the department or its designee
15determines that income withholding is inapplicable, ineffective, or insufficient for
16the collection of any unpaid fees under this subdivision, the department or its
17designee may move the court for a remedial sanction under ch. 785. The department
18or its designee may contract with or employ a collection agency or other person for
19the collection of any unpaid fees under this subdivision and, notwithstanding s.
2020.930, may contract with or employ an attorney to appear in any action in state or
21federal court to enforce the payment obligation. The department or its designee may
22not deduct the amount of unpaid fees from any maintenance, child or family support,
23or arrearage payment.
SB123,77,524 2m. A clerk of court may collect any unpaid fees under s. 814.61 (12) (b), 1997
25stats., that are owed to the clerk of court, or to his or her predecessor, and that were

1not shown on the department's automated payment and collection system on
2December 31, 1998, through income withholding under s. 767.265 767.75 (2m). If the
3clerk of court determines that income withholding is inapplicable, ineffective, or
4insufficient for the collection of any unpaid fees under this subdivision, the clerk of
5court may move the court for a remedial sanction under ch. 785.
SB123, s. 130 6Section 130. 767.29 (1) (e) of the statutes is renumbered 767.57 (1h) and
7amended to read:
SB123,77,208 767.57 (1h) Nonpayment; enforcement. If the maintenance, child support, or
9family support payments adjudged or ordered to be paid are not paid to the
10department or its designee at the time provided in the judgment or order, the county
11child support agency under s. 59.53 (5) or a circuit court commissioner of the county
12shall take such proceedings as he or she considers advisable to secure the payment
13of the sum, including enforcement by contempt proceedings under ch. 785 or by other
14means. Copies of any order issued to compel the payment shall be mailed to counsel
15the attorney, if any, who represented each party when the maintenance, child
16support, or family support payments were awarded. In case If any fees of officers in
17any of the proceedings, including the compensation of the circuit court commissioner
18at the rate of $50 per day unless the commissioner is on a salaried basis, is not
19collected from the person proceeded against, the fees shall be paid out of the county
20treasury upon the order of the presiding judge and the certificate of the department.
SB123, s. 131 21Section 131. 767.29 (1) (f) of the statutes is repealed.
Note: Repealed as obsolete. The repealed paragraph provides:
If the department determines that the statewide automated
support and maintenance receipt and disbursement system will be
operational before October 1, 1999, the department shall publish a notice
in the Wisconsin Administrative Register that states the date on which
the system will begin operating. Before that date or October 1, 1999,
whichever is earlier, the circuit courts, county child support agencies
under s. 59.53 (5), clerks of court and employers shall cooperate with the

department in any measures taken to ensure an efficient and orderly
transition from the countywide system of support receipt and
disbursement to the statewide system.
SB123, s. 132 1Section 132. 767.29 (1m) to (4) of the statutes are renumbered 767.57 (1m) to
2(4), and 767.57 (1m) (intro.) and (b), (2) and (3), as renumbered, are amended to read:
SB123,78,93 767.57 (1m) Overpayment. (intro.) Notwithstanding ss. 767.25 767.511 (6) and
4767.261 767.531, if the department or its designee receives support or maintenance
5money that exceeds the amount due in the month in which it is received and that the
6department or its designee determines that the excess amount is for support or
7maintenance due in a succeeding month, the department or its designee may hold
8the amount of overpayment that does not exceed the amount due in the next month
9for disbursement in the next month if any of the following applies:
SB123,78,1310 (b) The court or circuit court commissioner has ordered that overpayments of
11child support, family support, or maintenance that do not exceed the amount of
12support or maintenance due in the next month may be held for disbursement in the
13next month.
SB123,79,13 14(2) Procedure if recipient on public assistance. If any a party entitled to
15maintenance payments or support money, or both, is receiving public assistance
16under ch. 49, the party may assign the party's right thereto to support or
17maintenance
to the county department under s. 46.215, 46.22, or 46.23 granting such
18the assistance. Such The assignment shall be approved by order of the court granting
19the maintenance payments or support money, and may be terminated in like
20manner; except that it shall
. The assignment may not be terminated in cases where
21if there is any a delinquency in the amount to be paid to the assignee of maintenance
22payments and support money previously ordered or adjudged to be paid to the
23assignee
without the written consent of the assignee or upon notice to the assignee

1and a hearing. When an assignment of maintenance payments or support money, or
2both, has been approved by the order, the assignee shall be deemed a real party in
3interest within s. 803.01 but solely for the purpose of securing payment of unpaid
4maintenance payments or support money adjudged or ordered to be paid, by
5participating in proceedings to secure the payment thereof of unpaid amounts.
6Notwithstanding assignment under this subsection, and without further order of the
7court, the department or its designee, upon receiving notice that a party or a minor
8child of the parties is receiving public assistance under ch. 49 or that a kinship care
9relative or long-term kinship care relative of the minor child is receiving kinship
10care payments or long-term kinship care payments for the minor child, shall forward
11all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45
12(19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45
13(19).
SB123,79,22 14(3) Procedure if recipient institutionalized or confined. (a) If maintenance
15payments or support money, or both, is are ordered to be paid for the benefit of any
16person, who is committed by court order to an institution or, who is in confinement,
17or whose legal custody is vested by court order under ch. 48 or 938 in an agency,
18department, or relative, the court or a circuit court commissioner may order such
19that the maintenance payments or support money to be paid to the relative or agency,
20institution, welfare department, or other entity having the legal or actual custody of
21said the person, and to that it be used for the latter's person's care and maintenance,
22without the appointment of a guardian under ch. 880.
SB123,80,823 (b) If a child who is the beneficiary of support under a judgment or order is
24placed by court order in a residential care center for children and youth, juvenile
25correctional institution, or state mental institution, the right of the child to support

1during the period of the child's confinement, including any right to unpaid support
2accruing during that period, is assigned to the state. If the judgment or order
3providing for the support of a child who is placed in a residential care center for
4children and youth, juvenile correctional institution, or state mental institution
5includes support for one or more other children, the support that is assigned to the
6state shall be the proportionate share of the child placed in the center or institution,
7except as otherwise ordered by the court or circuit court commissioner on the motion
8of a party.
SB123, s. 133 9Section 133. 767.293 of the statutes is repealed.
Note: Recreated by Section 235 of this bill.
SB123, s. 134 10Section 134. 767.295 (title) of the statutes is repealed.
SB123, s. 135 11Section 135. 767.295 (1) and (2) (a) of the statutes are renumbered 767.55 (2)
12(a) and (am), and 767.55 (2) (a) and (am) (intro.), as renumbered, are amended to
13read:
SB123,80,1514 767.55 (2) (a) In this section subsection, "custodial parent" means a parent who
15lives with his or her child for substantial periods of time.
SB123,80,2216 (am) (intro.) In an action for modification of a child support order under s.
17767.32 767.59, an action in which an order for child support is required under s.
18767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3), or a
19contempt of court proceeding to enforce a child support or family support order in a
20county that contracts under s. 49.36 (2), the court may order a parent who is not a
21custodial parent to register for a work experience and job training program under s.
2249.36 if all of the following conditions are met:
SB123, s. 136 23Section 136. 767.295 (2) (b) and (c) of the statutes are renumbered 767.55 (2)
24(b) and (c), and 767.55 (2) (c), as renumbered, is amended to read:
SB123,81,12
1767.55 (2) (c) If the court enters an order under par. (a) (am), it shall order the
2parent to pay child support equal to the amount determined by applying the
3percentage standard established under s. 49.22 (9) to the income a person would earn
4by working 40 hours per week for the federal minimum hourly wage under 29 USC
5206
(a) (1) or equal to the amount of child support that the parent was ordered to pay
6in the most recent determination of support under this chapter. The child support
7obligation ordered under this paragraph continues until the parent makes timely
8payment in full for 3 consecutive months or until the person participates in the
9program under s. 49.36 for 16 weeks, whichever comes occurs first. The court shall
10provide in its order that the parent must shall make child support payments
11calculated under s. 767.25 767.511 (1j) or (1m) after the obligation to make payments
12ordered under this paragraph ceases.
SB123, s. 137 13Section 137. 767.30 of the statutes is renumbered 767.77, and 767.77 (title),
14(1), (2) and (3) (intro.), as renumbered, are amended to read:
SB123,81,25 15767.77 (title) Enforcement of payments ordered payment obligations.
16(1) Definition. If the court orders any payment for In this section, "payment
17obligation" means an obligation to pay
support under s. 48.355 (2) (b) 4., 48.357 (5m)
18(a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) , or 938.363 (2), support
19or maintenance under s. 767.08 767.501, child support, family support, or
20maintenance under s. 767.23 767.225, child support under s. 767.25 767.511,
21maintenance under s. 767.26 767.56, family support under s. 767.261 767.531,
22attorney fees under s. 767.262 767.241, child support or a child's health care
23expenses under s. 767.477 767.85, paternity obligations under s. 767.458 (3), 767.51
24or
767.62 (4) 767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.293
25767.71, or child or spousal support under s. 948.22 (7), the.
SB123,82,2
1(1m) Terms of payment. The court may provide order that any a payment
2obligation be paid in the amounts and at the times that it considers expedient.
SB123,82,9 3(2) Security for payment. The court may impose liability for any a payment
4listed under sub. (1) obligation as a charge upon any specific real estate of the
5obligated party liable or may require that party to give sufficient security for
6payment. However, no such No charge upon real estate may become effectual is
7effective
until the order or judgment imposing liability or a certified copy of it is
8recorded in the office of the register of deeds in the county in which the real estate
9is situated.
SB123,82,14 10(3) Noncompliance; enforcement. (intro.) If the a party fails to pay a payment
11ordered under sub. (1) (1m) or to give security under sub. (2), the court may by any
12appropriate remedy enforce the judgment, or the order as if it were a final judgment,
13including any past due payment and interest. Appropriate remedies include but are
14not limited to:
SB123, s. 138 15Section 138. Subchapter IV (title) of chapter 767 [precedes 767.301] of the
16statutes is created to read:
SB123,82,17 17CHAPTER 767
SB123,82,2018 SUBCHAPTER IV
19 annulment, DIVORCE,
20 And LEGAL SEPARATION
SB123, s. 139 21Section 139. 767.303 (title) of the statutes is renumbered 767.73 (title) and
22amended to read:
SB123,82,24 23767.73 (title) Enforcement of Delinquent child or family support;
24suspension of operating privilege.
SB123, s. 140
1Section 140. 767.303 (1) of the statutes is renumbered 767.73 (1) (a) and
2amended to read:
SB123,83,103 767.73 (1) (a) If a person fails to pay In this subsection, "support payment"
4means
a payment ordered for support under s. 767.077 767.521, support under s.
5767.08 767.501, child support or family support under s. 767.23 767.225, child
6support under s. 767.25 767.511, family support under s. 767.261 767.531, revised
7child or family support under s. 767.32 767.59, child support under s. 767.458
8767.863 (3), child support under s. 767.477 767.85, child support under s. 767.51
9767.89, child support under s. 767.62 767.805 (4), child support under ch. 769, or
10child support under s. 948.22 (7), the payment is.
SB123,83,17 11(b) If a person fails to pay a support payment that is 90 or more days past due
12and the court finds that the person has the ability to pay the amount ordered, the
13court may suspend the person's operating privilege, as defined in s. 340.01 (40), until
14the person pays all arrearages in full or makes payment arrangements that are
15satisfactory to the court, except that the suspension period may not exceed 2 years.
16If otherwise eligible, the person is eligible for an occupational license under s. 343.10
17at any time.
SB123, s. 141 18Section 141. 767.303 (2) to (5) of the statutes are renumbered 767.73 (2) to (5),
19and 767.73 (2) and (3), as renumbered, are amended to read:
SB123,84,520 767.73 (2) Notice of suspension to department of transportation. Whenever
21the
If a court orders suspension of a person's operating privilege under sub. (1) (b),
22the court shall notify the department of transportation, in the form and manner
23prescribed by the department. The notice to the department shall include the name
24and last-known address of the person against whom the support order was entered,
25certification by the court that the person has been notified of the entry of the support

1order and that there are arrearages in support payments that are 90 or more days
2past due, and the place where the arrearages may be paid and. The notice shall also
3state
that the person's operating privilege shall remain remains suspended until the
4person pays all arrearages in full or makes payment arrangements that are
5satisfactory to the court, except that the suspension period may not exceed 2 years.
SB123,84,9 6(3) Notice of payment to department. If the person subsequently pays the full
7amount of the arrearages or makes payment arrangements that are satisfactory to
8the court, the court shall immediately notify the department of transportation of the
9payment, in the form and manner prescribed by the department.
SB123, s. 142 10Section 142. 767.305 (title) of the statutes is renumbered 767.78 (title).
SB123, s. 143 11Section 143. 767.305 of the statutes is renumbered 767.78 (1) and amended
12to read:
SB123,84,1813 767.78 (1) Definition. In all cases where a party has incurred a financial this
14section, "financial obligation" means an
obligation for payment incurred under s.
1548.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 767.23, 767.25, 767.255, 767.26, 767.261,
16767.262, 767.293, 767.458 (3), 767.477, 767.51, 767.62 (4)
767.225, 767.241, 767.511,
17767.531, 767.56, 767.61, 767.71, 767.805 (4), 767.85, 767.863 (3), 767.89
, 938.183 (4),
18938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2).
SB123,85,2 19(2) Noncompliance; order to show cause. If a person has incurred a financial
20obligation
and has failed within a reasonable time or as ordered by the court to satisfy
21such the obligation, and where the wage assignment proceeding under s. 767.265
22767.75 and the account transfer under s. 767.267 767.76 are inapplicable,
23impractical, or unfeasible, the court may on its own initiative, and shall on the
24application of the receiving party, issue an order requiring the payer to show cause
25at some a reasonable time therein specified in the order why he or she should not be

1punished for such misconduct as provided in subject to contempt of court under ch.
2785.
SB123, s. 144 3Section 144. 767.31 of the statutes is renumbered 767.57 (5) and amended to
4read:
SB123,85,135 767.57 (5) Trustee or receiver may be appointed. The court may appoint a
6receiver or trustee, when deemed expedient as necessary, to receive any payments
7ordered under this chapter, to invest and pay over the income for the maintenance
8of the spouse entitled thereto or the support and education of any of the minor
9children described in s. 767.511 (4), or to pay over the principal sum in such
10proportions
the amount and at such the times as that the court directs. The court
11may require the receiver or
trustee shall give such to post bond, with such or without
12sureties as, in the amount that the court requires, for the faithful performance of his
13or her trust
directs.
Note: Authorizes the court to appoint a receiver, as an alternative to a trustee, to
handle maintenance or support obligations. In addition, clarifies that reference to
support and education of children includes any minor child or any child less than 19 if the
child is pursuing an accredited course of instruction leading to the acquisition of a high
school diploma or its equivalent.
SB123, s. 145 14Section 145 . 767.313 (2) of the statutes is created to read:
SB123,85,1715 767.313 (2) Judicial proceeding required; no annulment after death. A
16judicial proceeding is required to annul a marriage. A marriage may not be annulled
17after the death of a party to the marriage.
Note: Restates language stricken from current s. 767.03 (intro.). See Sec. 23 of
the bill. Reference to voiding a marriage is not included in the restated language because
ch. 767 does not include actions to void a marriage.
SB123, s. 146 18Section 146. 767.315 (title) of the statutes is created to read:
SB123,85,19 19767.315 (title) Grounds for divorce and legal separation.
SB123, s. 147
1Section 147. 767.32 (title) of the statutes is renumbered 767.59 (title) and
2amended to read:
SB123,86,4 3767.59 (title) Revision of certain judgments support and maintenance
4orders
.
SB123, s. 148 5Section 148. 767.32 (1) (a) of the statutes is renumbered 767.59 (1) and
6amended to read:
SB123,86,127 767.59 (1) Definition. After In this section, "support or maintenance order"
8means
a judgment or order providing for child support under this chapter or s. 48.355
9(2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a),
10938.363 (2), or 948.22 (7), for maintenance payments under s. 767.26, or 767.56, for
11family support payments under this chapter, or for the appointment of trustees or
12receivers
under s. 767.31 , the court may, from time to time, on 767.57 (5).
SB123,86,20 13(1c) Court authority. (a) On the petition, motion, or order to show cause of
14either of the parties, or upon the petition, motion, or order to show cause of the
15department, a county department under s. 46.215, 46.22, or 46.23, or a county child
16support agency under s. 59.53 (5) if an assignment has been made under s. 46.261,
1748.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h), or 49.45 (19) or if either party or their
18minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to
19the office of family court commissioner, revise
, a court may, except as provided in par.
20(b), do any of the following:
SB123,86,24 211. Revise and alter such judgment or a support or maintenance order respecting
22as to the amount of such and payment of maintenance or child support and the
23payment thereof,
and also respecting the appropriation and payment of the principal
24and income of the property so held in trust, and may make.
SB123,87,2
12. Make any judgment or order respecting on any of the matters that such
2matter that the court might have made in the original action, except that.
SB123,87,6 3(b) A court may not revise or modify a judgment or order that waives
4maintenance payments for either party shall not thereafter be revised or altered in
5that respect nor shall the provisions of
or a judgment or order with respect to final
6division of property be subject to revision or modification.
Note: Deletes as unnecessary notice to the court commissioner in renumbered sub.
(1c) (a) (intro.).
SB123,87,15 7(1f) Support: substantial change in circumstances. (a) Except as provided
8in par. (d), a revision under this section of a judgment or order with respect as to an
9the amount of child or family support may be made only upon a finding of a
10substantial change in circumstances. In any action under this section to revise a
11judgment or order with respect to maintenance payments, a substantial change in
12the cost of living by either party or as measured by the federal bureau of labor
13statistics may be sufficient to justify a revision of judgment or order with respect to
14the amount of maintenance, except that a change in an obligor's cost of living is not
15in itself sufficient if payments are expressed as a percentage of income.
Note: The stricken sentence is relocated to a new subsection. See s. 767.59 (1k),
created by Sec. 227 of this bill.
SB123, s. 149 16Section 149. 767.32 (1) (b), (c) and (d) of the statutes are renumbered 767.59
17(1f) (b), (c) and (d), and 767.59 (1f) (b) (intro.), 3. and 4. and (c) (intro.), as renumbered,
18are amended to read:
SB123,87,2219 767.59 (1f) (b) (intro.) In any an action under this section to revise a judgment
20or order with respect to an the amount of child support, any of the following shall
21constitute
constitutes a rebuttable presumption of a substantial change in
22circumstances sufficient to justify a revision of the judgment or order:
SB123,88,2
13. Failure of the payer to furnish a timely disclosure under s. 767.27 (2m)
2767.54.
SB123,88,83 4. A difference between the amount of child support ordered by the court to be
4paid by the payer and the amount that the payer would have been required to pay
5based on the percentage standard established by the department under s. 49.22 (9)
6if the court did not use the percentage standard in determining the child support
7payments and did not provide the information required under s. 46.10 (14) (d), 301.12
8(14) (d) or 767.25 767.511 (1n), whichever is appropriate.
SB123,88,129 (c) (intro.) In any an action under this section to revise a judgment or order with
10respect to an amount of child support, any of the following may constitute a
11substantial change of circumstances sufficient to justify revision of the judgment or
12order:
SB123, s. 150 13Section 150. 767.32 (1m) of the statutes is renumbered 767.59 (1m) and
14amended to read:
SB123,88,2115 767.59 (1m) Payment revisions prospective. In an action under sub. (1) (1c)
16to revise a judgment or order with respect to child support, maintenance payments,
17or family support payments, the court may not revise the amount of child support,
18maintenance payments, or family support payments due, or an amount of arrearages
19in child support, maintenance payments, or family support payments that has
20accrued, prior to the date that notice of the action is given to the respondent, except
21to correct previous errors in calculations.
SB123, s. 151 22Section 151. 767.32 (1r) of the statutes is renumbered 767.59 (1r), and 767.59
23(1r) (intro.) and (c), as renumbered, are amended to read:
SB123,89,424 767.59 (1r) Credit to payer for certain payments. (intro.) In an action under
25sub. (1) (1c) to revise a judgment or order with respect to child support or family

1support, the court may grant credit to the payer against support due prior to the date
2on which the petition, motion, or order to show cause is served for payments made
3by the payer other than payments made as provided in s. 767.265 or 767.29 767.57
4or 767.75
, in any of the following circumstances:
SB123,89,85 (c) The payer proves by clear and convincing evidence, with evidence of a
6written agreement, that the payee expressly agreed to accept the payments in lieu
7of child or family support paid as provided in s. 767.265 or 767.29 767.57 or 767.75,
8not including gifts or contributions for entertainment.
SB123, s. 152 9Section 152. 767.32 (2) of the statutes is renumbered 767.59 (2) (a) and
10amended to read:
SB123,89,1311 767.59 (2) (a) Except as provided in sub. (2m) or (2r) par. (b) or (c), if the court
12revises a judgment or order with respect to child support payments, it shall do so by
13using the percentage standard established by the department under s. 49.22 (9).
SB123, s. 153 14Section 153. 767.32 (2m) of the statutes is renumbered 767.59 (2) (b) and
15amended to read:
SB123,89,2016 767.59 (2) (b) Upon request by a party, the court may modify the amount of
17revised child support payments determined under sub. (2) par. (a) if, after
18considering the factors listed in s. 767.25 767.511 (1m), the court finds, by the greater
19weight of the credible evidence, that the use of the percentage standard is unfair to
20the child or to any of the parties.
SB123, s. 154 21Section 154. 767.32 (2r) of the statutes is renumbered 767.59 (2) (c).
SB123, s. 155 22Section 155. 767.32 (2s) of the statutes is renumbered 767.59 (2s) and
23amended to read:
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