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SB123, s. 133 9Section 133. 767.293 of the statutes is repealed.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SB123, s. 134 10Section 134. 767.295 (title) of the statutes is repealed.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:
SB123,90,424 767.59 (2s) Stipulation for revision of support. In an action under sub. (1)
25(1c), the court may not approve a stipulation for the revision of a judgment or order

1with respect to an amount of child support or family support unless the stipulation
2provides for payment of an amount of child support or family support that is
3determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25, 767.51
4or 767.62 (4)
767.511, 767.805 (4), or 767.89, whichever is appropriate.
SB123, s. 156 5Section 156. 767.32 (2w) of the statutes is renumbered 767.59 (2w) and
6amended to read:
SB123,90,137 767.59 (2w) When revision effective. A revision of a judgment or order with
8respect to child support, family support, or maintenance payments has the effect of
9modifying the original judgment or order with respect to such the payments to the
10extent of the revision from the date on which the order revising such the payments
11is effective. The child support, family support, or maintenance payments modified
12by the order for revision shall cease to accrue under the original judgment or order
13from the date on which the order revising such the payments is effective.
SB123, s. 157 14Section 157. 767.32 (3) of the statutes is renumbered 767.59 (3) and amended
15to read:
SB123,90,1916 767.59 (3) Remarriage; vacating maintenance order. After a final judgment
17requiring maintenance payments has been rendered and the payee has remarried,
18the court shall, on application of the payer with notice to the payee and upon proof
19of remarriage, vacate the order requiring such the payments.
SB123, s. 158 20Section 158. 767.32 (4) of the statutes is renumbered 767.59 (4) and amended
21to read:
SB123,91,222 767.59 (4) Review when the state is a real party in interest. In any case in
23which the state is a real party in interest under s. 767.075 767.205 (2), the
24department shall review the support obligation periodically and whenever

1circumstances so warrant
, if appropriate, petition the court for revision of the
2judgment or order with respect to the support obligation.
SB123, s. 159 3Section 159. 767.32 (5) of the statutes is renumbered 767.59 (5) and amended
4to read:
SB123,91,75 767.59 (5) Notice of child support information. A summons or petition,
6motion, or order to show cause under this section shall include notification of the
7availability of information under s. 767.081 767.105 (2).
SB123, s. 160 8Section 160. 767.325 (intro.) and (1) to (5) of the statutes are renumbered
9767.451 (intro.) and (1) to (5), and 767.451 (intro.), (1) (a) (intro.) and (2) (a) and (b),
10as renumbered, are amended to read:
SB123,91,14 11767.451 Revision of legal custody and physical placement orders.
12(intro.) Except for matters under s. 767.327 or 767.329 767.461 or 767.481, the
13following provisions are applicable to modifications of legal custody and physical
14placement orders:
SB123,91,21 15(1) (a) Within 2 years after initial order final judgment. (intro.) Except as
16provided under sub. (2), a court may not modify any of the following orders before 2
17years after the initial order final judgment determining legal custody or physical
18placement
is entered under s. 767.24 767.41, unless a party seeking the modification,
19upon petition, motion, or order to show cause, shows by substantial evidence that the
20modification is necessary because the current custodial conditions are physically or
21emotionally harmful to the best interest of the child:
Note: The new language in sub. (1) (a) (intro.) clarifies that the "initial order"
referred to in the current provision refers to the final judgment determining legal custody
or physical placement under new s. 767.41 (s. 767.24 in current law). No substantive
change in current law is intended.
SB123,92,3 22(2) (a) If the parties have substantially equal periods of physical placement
23pursuant to a court order and circumstances make it impractical for the parties to

1continue to have substantially equal physical placement, a court, upon petition,
2motion, or order to show cause by a party, may modify such an the order if it is in the
3best interest of the child.
SB123,92,94 (b) In any case in which par. (a) does not apply and in which the parties have
5substantially equal periods of physical placement pursuant to a court order, a court,
6upon petition, motion, or order to show cause of a party, may modify such an the order
7based on the appropriate standard under sub. (1). However, under sub. (1) (b) 2.,
8there is a rebuttable presumption that having substantially equal periods of physical
9placement is in the best interest of the child.
SB123, s. 161 10Section 161. 767.325 (5m) of the statutes, as affected by 2003 Wisconsin Act
11130
, is renumbered 767.451 (5m) and amended to read:
SB123,92,1512 767.451 (5m) Factors to consider. In all actions to modify legal custody or
13physical placement orders, the court shall consider the factors under s. 767.24 767.41
14(5) (am), subject to s. 767.24 767.41 (5) (bm), and shall make its determination in a
15manner consistent with s. 767.24 767.41.
SB123, s. 162 16Section 162. 767.325 (6) to (8) of the statutes are renumbered 767.451 (6) to
17(8), and 767.451 (6m) and (8), as renumbered, are amended to read:
SB123,92,2118 767.451 (6m) Parenting plan. In any action to modify a legal custody or
19physical placement order under sub. (1), the court may require the party seeking the
20modification to file with the court a parenting plan under s. 767.24 767.41 (1m) before
21any hearing is held.
SB123,92,24 22(8) Petition, motion, or order to show cause. A petition, motion, or order to
23show cause under this section shall include notification of the availability of
24information under s. 767.081 767.105 (2).
SB123, s. 163 25Section 163. 767.325 (9) of the statutes is repealed.

Note: Deletes an obsolete applicability provision.
SB123, s. 164 1Section 164. 767.327 (title) and (1) to (6) of the statutes are renumbered
2767.481 (title) and (1) to (6), and 767.481 (1) (a) (intro.), (2) (b) and (c) and (4), as
3renumbered, are amended to read:
SB123,93,84 767.481 (1) (a) (intro.) If Except as provided in sub. (8), if the court grants
5periods of physical placement to more than one parent, it shall order a parent with
6legal custody of and physical placement rights to a child to provide not less than 60
7days days' written notice to the other parent, with a copy to the court, of his or her
8intent to:
SB123,93,13 9(2) (b) If the parent who is proposing the move or removal receives a notice of
10objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the
11parent may not move with or remove the child pending resolution of the dispute, or
12final order of the court under sub. (3), unless the parent obtains a temporary order
13to do so under s. 767.23 767.225 (1) (bm).
Loading...
Loading...