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).
SB123,93,1914 (c) Upon receipt of a copy of a notice of objection under par. (a), the court or
15circuit court commissioner
shall promptly refer the parents for mediation or other
16family court counseling services under s. 767.11 767.405 and may appoint a guardian
17ad litem. Unless the parents agree to extend the time period, if mediation or
18counseling family court services do not resolve the dispute within 30 days after
19referral, the matter shall proceed under subs. (3) to (5).
SB123,93,22 20(4) Guardian ad litem; prompt hearing. After a petition, motion, or order to
21show cause is filed under sub. (3), the court shall appoint a guardian ad litem, unless
22s. 767.045 767.407 (1) (am) applies, and shall hold a hearing as soon as possible.
SB123, s. 165 23Section 165. 767.327 (7) of the statutes is repealed.
Note: Repeals an obsolete applicability provision.
SB123, s. 166
1Section 166. 767.329 of the statutes is renumbered 767.461 and amended to
2read:
SB123,94,8 3767.461 Revisions agreed to by stipulation. If after an initial order is
4entered under s. 767.24, 767.41 the parties agree to a modification in an order of
5physical placement or legal custody and file a stipulation with the court that specifies
6the agreed upon modification, the court shall incorporate the terms of the stipulation
7into a revised order of physical placement or legal custody unless the court finds that
8the modification is not in the best interest of the child
.
Note: Provides an exception to the requirement that the court incorporate the
terms of a stipulation to modify physical placement or legal custody into the revised order:
unless the court finds the modification is not in the best interest of the child. The
exception is based on a court of appeals decision holding that acceptance of a stipulation
is not mandatory and that the trial court is not prohibited from examining the best
interests of the child. [Paternity of S.A., 165 Wis. 2d 530, 478 N.W.2d 21 (Ct. App. 1991).]
SB123, s. 167 9Section 167. 767.33 of the statutes is renumbered 767.553, and 767.553 (1) (c),
10(2), (3), (4) (a) (intro.), (b), (c) (intro.) and (d) and (5), as renumbered, are amended
11to read:
SB123,94,1512 767.553 (1) (c) In the order the court or circuit court commissioner shall specify
13what information the parties must exchange to determine whether the payer's
14income has changed, and shall specify the manner and timing of the information
15exchange.
SB123,95,2 16(2) Form for stipulating. If the court or circuit court commissioner provides
17for an annual adjustment, the court or circuit court commissioner shall make
18available to the parties, including the state if the state is a real party in interest
19under s. 767.075 (1) 767.205 (2) (a), a form approved by the court or circuit court
20commissioner
for the parties to use in stipulating to an adjustment of the amount of
21child or family support and to modification of any applicable income-withholding

1order. The form shall include an order, to be signed by a judge or circuit court
2commissioner
the court, for approval of the stipulation of the parties.
SB123,95,7 3(3) Income changes. (a) If the payer's income changes from the amount found
4by the court or circuit court commissioner or stipulated to by the parties for the
5current child or family support order, the parties may implement an adjustment
6under this section by stipulating, on the form under sub. (2), to the changed income
7amount and the adjusted child or family support amount, subject to sub. (1) (b).
SB123,95,148 (b) The stipulation form must shall be signed by all parties, including the state
9if the state is a real party in interest under s. 767.075 (1) 767.205 (2) (a), and filed
10with the court. If the stipulation is approved, the order shall be signed by a judge
11or circuit court commissioner
the court and implemented in the same manner as an
12order for a revision under s. 767.32 767.59. An adjustment under this subsection
13shall be is effective as of the date on which the order is signed by the judge or circuit
14court commissioner.
SB123,95,18 15(4) (a) (intro.) Any party, including the state if the state is a real party in
16interest under s. 767.075 (1) 767.205 (2) (a), may file a motion, petition, or order to
17show cause for implementation of an annual adjustment under this section if any of
18the following applies:
SB123,95,2519 (b) If the court or circuit court commissioner determines after a hearing that
20an adjustment should be made, the court or circuit court commissioner shall enter
21an order adjusting the child or family support payments by the amount determined
22by the court or circuit court commissioner, subject to sub. (1) (b). An adjustment
23under this subsection may not take effect before the date on which the party
24responding to the motion, petition, or order to show cause received notice of the action
25under this subsection.
SB123,96,3
1(c) (intro.) Notwithstanding par. (b), the court or circuit court commissioner
2may direct that all or part of the adjustment not take effect until such time as the
3court or circuit court commissioner directs, if any of the following applies:
SB123,96,104 (d) If in an action under this subsection the court or circuit court commissioner
5determines that a party has unreasonably failed to provide the information required
6under sub. (1) (c) or to provide the information on a timely basis, or unreasonably
7failed or refused to sign a stipulation for an annual adjustment, the court or circuit
8court commissioner
may award to the aggrieved party actual costs, including service
9costs, any costs attributable to time missed from employment, the cost of travel to
10and from court, and reasonable attorney fees.
SB123,96,13 11(5) (a) Nothing in this section affects a party's right to file at any time a motion,
12petition, or order to show cause under s. 767.32 767.59 for revision of a judgment or
13order with respect to an amount of child or family support.
SB123, s. 168 14Section 168. 767.34 (2) (title) of the statutes is created to read:
SB123,96,1515 767.34 (2) (title) Limitations on court approval.
SB123, s. 169 16Section 169. 767.37 (title) of the statutes is renumbered 767.251 (title) and
17amended to read:
SB123,96,18 18767.251 (title) Effect Content, preparation, and approval of judgment.
SB123, s. 170 19Section 170 . 767.37 (1) (a) of the statutes is renumbered 767.251 and amended
20to read:
SB123,97,621 767.251 (1) Content. In any an action affecting the family, if the court orders
22maintenance payments or other allowances for a party or children or retains
23jurisdiction in such those matters, the written judgment shall include a provision
24statement that disobedience of the court order with respect to the same is punishable
25under ch. 785 by commitment to the county jail or house of correction until such the

1judgment is complied with and the costs and expenses of the proceedings are paid or
2until the party committed is otherwise discharged, according to law. The written
3judgment in any action affecting the family shall include the social security numbers
4of the parties and of any child of the parties
Final written agreements and
5stipulations of the parties shall, unless set forth in the judgment, be appended to the
6judgment and incorporated by reference
.
SB123,97,11 7(2) Preparation. The findings of fact and, conclusions of law, and the written
8judgment shall be drafted by the attorney for the moving party petitioner unless the
9court otherwise directs
, and shall be submitted to the court and filed with the clerk
10of the court within 30 days after judgment is granted; but if the respondent has been
11represented by counsel, the
.
SB123,97,20 12(3) Approval. The draft findings, conclusions, and judgment shall first be
13submitted to respondent's counsel for approval and if the circuit court commissioner
14has appeared at the trial of the action, such papers shall also
be sent to the circuit
15court commissioner for approval
be approved by all counsel appearing, including a
16guardian ad litem and county child support enforcement agency attorney, and any
17other person designated by the court or local rule
. After any necessary approvals are
18obtained, the findings of fact, conclusions of law, and judgment shall be submitted
19to the court. Final stipulations of the parties may be appended to the judgment and
20incorporated by reference therein
.
Note: 1. Subdivided into 3 subsections.
2. The last sentence, which is stricken, is revised and relocated to sub. (1). Final
written agreements and stipulations now must be appended to the judgment (unless set
forth in the judgment) and incorporated by reference.
3. Clarifies responsibility for preparation and approval of the draft findings,
conclusions, and judgment.
SB123, s. 171 21Section 171. 767.37 (1) (c) of the statutes is renumbered 767.36 and amended
22to read:
SB123,98,9
1767.36 Copies of judgment to parties. At the time of filing any a judgment
2for an annulment, divorce, or legal separation, the attorney for the moving party who
3prepared the judgment
shall present furnish to the clerk of court 2 true copies thereof
4of the judgment, including any attachments to the judgment referenced in the
5judgment,
in addition to the original judgment, and until such. Until the copies are
6presented, the clerk may refuse to accept such the judgment for filing. After the
7judgment is filed, the clerk shall mail a copy forthwith promptly to each party to the
8action at the last-known address, and the mailing shall be shown in the court record
9shall show such mailing.
Note: Clarifies: (1) the party who prepared the judgment is to provide copies to
the clerk; and (2) the copies are to include any attachments referenced in the judgment.
SB123, s. 172 10Section 172. 767.37 (2) of the statutes is renumbered 767.35 (6) and amended
11to read:
SB123,99,1212 767.35 (6) Vacating or modifying divorce judgment as it affects marital
13status.
So far as a judgment of divorce affects the marital status of the parties, the
14court has the power to may vacate or modify the judgment for sufficient cause shown,
15upon its own motion, or upon the application of both parties to the action, at any time
16within 6 months from the granting of such the judgment. No such judgment shall
17be vacated or modified without service of notice of motion on the office of family court
18commissioner. The court may direct a circuit court commissioner or appoint some
19other attorney
, to bring appropriate proceedings for the vacation of the judgment.
20The compensation of the circuit court commissioner when not on a salaried basis or
21other attorney for performing such services shall be at the rate of $50 per day, which
22shall be paid out of the county treasury upon order of the presiding judge and the
23certificate of the clerk of the court.
If the judgment is vacated it shall restore the

1parties to the marital relation that existed before the granting of such the judgment.
2If after vacation of the judgment either of the parties brings an action in this state
3for divorce against the other the court may order the petitioner in such action to
4reimburse the county the amount paid by it to the circuit court commissioner or other
5attorney in connection with such
vacation proceedings. Whenever If a judgment of
6divorce is set aside under this subsection, the court shall order the record in the
7action impounded without regard to s. 767.19; and thereafter neither 767.13. After
8the record is impounded,
the record nor any part of the record shall may not be offered
9or admitted in whole or in part into evidence in any action or proceeding except by
10special order of the court of jurisdiction upon good cause shown in any paternity
11proceedings under this chapter or by special order of any a court of record upon a
12showing of necessity to clear title to real estate.
Note: Deletes, as obsolete, provisions relating to the court option to direct a circuit
court commissioner or appoint an attorney to bring an action for vacating a divorce
judgment under this section.
SB123, s. 173 13Section 173. 767.37 (3) of the statutes is renumbered 767.35 (3) and amended
14to read:
SB123,99,2015 767.35 (3) When divorce judgment effective. When a A judgment of divorce
16is granted it shall be effective immediately except as provided in s. 765.03 (2). Every
17judge who grants
when granted. A court granting a judgment of divorce shall inform
18the parties appearing in court that the judgment is effective immediately except as
19provided in s. 765.03 (2)
when granted but that it is unlawful under s. 765.03 (2) for
20a party to marry again until 6 months after the judgment is granted
.
Note: Clarifies what the court is required to inform the parties concerning the
limitation on remarrying under s. 765.03 (2).
SB123, s. 174 21Section 174 . 767.38 of the statutes is renumbered 767.35 (7) and amended to
22read:
SB123,100,11
1767.35 (7) Judgment Divorce judgment revoked on remarriage of parties.
2When a judgment of divorce has been granted and the parties shall afterwards
3subsequently intermarry, the court, upon their joint application and upon
4satisfactory proof of such the marriage, shall revoke all judgments and any orders
5which that will not affect the right of 3rd persons and. If the judgment is revoked,
6the court shall
order the record impounded without regard to s. 767.19 767.13, and
7neither the record nor any part of the record shall may not be offered or admitted,
8in whole or in part,
into evidence in any action or proceeding except by special order
9of the court of jurisdiction upon good cause shown in any a paternity proceedings
10proceeding under this chapter or by special order of any a court of record upon a
11showing of necessity to clear title to real estate.
SB123, s. 175 12Section 175. 767.39 (title) of the statutes is repealed.
SB123, s. 176 13Section 176 . 767.39 (1) of the statutes is renumbered 767.273 and amended
14to read:
SB123,100,23 15767.273 Allowances pending appeal. In actions an action affecting the
16family pending in an appellate court, no an allowance for suit money, counsel fees,
17or disbursements in the court, nor or for temporary maintenance or support
18payments to the spouse or the children during the pendency of the appeal will may
19be made in the by the proper trial court upon motion made and decided after entry
20of the order or judgment appealed from and prior to the return of the record to
21appellate court. If the allowance is ordered before the appeal is taken, the order shall
22be conditioned upon the taking of the appeal and is not effective until the record is
23transmitted to appellate
court.
Note: Incorporates the substance of current s. 767.39 (2), stats., which is repealed.
SB123, s. 177 24Section 177. 767.39 (2) of the statutes is repealed.

Note: Restated in renumbered s. 767.273. See Sec. 176 of the bill.
SB123, s. 178 1Section 178. 767.40 of the statutes is renumbered 785.07 and amended to
2read:
SB123,101,5 3785.07 Contempt proceedings orders imposing confinement. All A
4contempt orders in which order imposing confinement is imposed shall be issued by
5a judge.
Note: Relocated to current ch. 785, stats., contempt of court. The provision has
been interpreted as applying to contempt proceedings generally, not just those arising
from an action affecting the family.
SB123, s. 179 6Section 179. Subchapter V (title) of chapter 767 [precedes 767.401] of the
7statutes is created to read:
SB123,101,88 chapter 767
SB123,101,119 subchapter V
10 child custody, placement,
11 and visitation
SB123, s. 180 12Section 180. 767.401 (1) (title) and (2) (title) of the statutes are created to read:
SB123,101,1413 767.401 (1) (title) Programs: effects of dissolution on children; parenting
14skills.
SB123,101,15 15(2) (title) Classes on parenting.
SB123, s. 181 16Section 181. 767.405 (1) (intro.) of the statutes is created to read:
SB123,101,1717 767.405 (1) Definitions. (intro.) In this section:
SB123, s. 182 18Section 182 . 767.42 of the statutes is repealed.
Note: Repealed as obsolete. The section, which apparently is not currently in use,
allows a county to seize and sell property for the support of a spouse or child if a person
abandons and fails to support the spouse or child.
SB123, s. 183 19Section 183. 767.43 (1) (title), (1m) (title), (2) (title), (2m) (title), (3) (title), (3c)
20(title), (3m) (title), (5) (title) and (6) (title) of the statutes are created to read:
SB123,101,2121 767.43 (1) (title) Petition; who may file.
SB123,102,1
1(1m) (title) Exception; homicide conviction.
SB123,102,2 2(2) (title) Wishes of the child.
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