SB123: Bill Text

SB123, s. 230 Section 230. Subchapter VII (title) of chapter 767 [precedes 767.61] of the statutes is created to read:

SB123,122,19 chapter 767

SB123,122,21 subchapter viI property division

SB123, s. 231 Section 231. 767.61 (2) (title) and (3) (title) of the statutes are created to read:

SB123,122,23 767.61 (2) (title) Property subject to division.

SB123,122,24 (3) (title) Presumption of equal division.

SB123, s. 232 Section 232 . 767.61 (4), (5) and (6) of the statutes are created to read:

SB123,123,5 767.61 (4) Separate fund or trust option. In dividing the property of the parties under this section, the court may protect and promote the best interests of a child of the parties described under s. 767.511 (4) by setting aside a portion of the property in a separate fund or trust for the support, maintenance, education, and general welfare of the child.

SB123,123,7 (5) Related provisions of judgment. In a judgment described under sub. (1), the court shall do all of the following:

SB123,123,9 (a) Direct that title to the property of the parties be transferred as necessary, in accordance with the division of property set forth in the judgment.

SB123,123,10 (b) Include all of the following in the judgment:

SB123,123,14 1. Notification that it may be necessary for the parties to take additional actions in order to transfer interests in their property in accordance with the division of property set forth in the judgment, including such interests as interests in real property, interests in retirement benefits, and contractual interests.

SB123,123,17 2. Notification that the judgment does not necessarily affect the ability of a creditor to proceed against a party or against that party's property even though the party is not responsible for the debt under the terms of the judgment.

SB123,123,20 3. Notification that an instrument executed by a party before the judgment naming the other party as a beneficiary is not necessarily affected by the judgment and it may be necessary to revise the instrument if a change in beneficiary is desired.

SB123,123,24 (6) Recording judgment affecting real property sufficient. A certified copy of the portion of the judgment affecting title to real property, or a deed consistent with the judgment, shall be recorded in the office of the register of deeds of the county in which the real property is located.

Note: 1. Subsection (4) restates the last sentence of current s. 767.255 (1), stats. See Sec. 109 of this bill. The current provision only refers to a "minor child". However, the obligation for child support extends to 18 year olds who are in high school or its equivalent (current s. 767.25 (4), stats.). Therefore, the separate trust or fund option is extended to cover that situation as well as minor children.

2. Subsection (5) (a) is intended to replace current language in s. 767.255 (1), stats., requiring the court when dividing property to "divest and transfer the title of any such property accordingly". The revised language, more accurately reflecting current practice, requires the court to direct that title to be transferred as necessary, in accordance with the property division.

3. Subsection (5) (b) is new. It is intended to alert parties that additional action on their part may be necessary in order to implement the provisions of the judgment, that a property division judgment generally is not binding on creditors, and that additional action may be necessary to change prior beneficiary designations.

4. Subsection (6) clarifies that a deed consistent with the judgment may be recorded in lieu of the judgment. It replaces the following provision in current s. 767.255 (1), stats.: "A certified copy of the portion of the judgment that affects title to real estate shall be recorded in the office of the register of deeds of the county in which the lands so affected are situated.".

SB123, s. 233 Section 233. 767.62 of the statutes is renumbered 767.805, and 767.805 (2) (b), (3) (b), (4) (intro.), (a) and (b), (5) (b) and (6) (b), as renumbered, are amended to read:

SB123,124,7 767.805 (2) (b) If a statement acknowledging paternity is timely rescinded as provided in s. 69.15 (3m), a court or circuit court commissioner may not enter an order specified in sub. (4) with respect to the man male who signed the statement as the father of the child unless the man male is adjudicated the child's father using the procedures set forth in ss. 767.45 to 767.60 this subchapter, except for this section.

SB123,124,11 (3) (b) Except as provided in s. 767.045 767.407, in an action specified in par. (a) the court or a circuit court commissioner may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a party who is a minor, unless the minor party is represented by an attorney.

SB123,124,15 (4) Orders when paternity acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or circuit court commissioner shall make an order that contains all of the following provisions:

SB123,125,2 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24 767.41.

SB123,125,7 (b) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25 767.511.

SB123,125,14 (5) (b) If a court in a proceeding under par. (a) determines that the man male is not the father of the child, the court shall vacate any order entered under sub. (4) with respect to the man male. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the man's male's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man male with respect to the child.

SB123,125,18 (6) (b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under par. (a). Such a The new statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.

SB123, s. 234 Section 234. Subchapter VIII (title) of chapter 767 [precedes 767.70] of the statutes is created to read:

SB123,125,21 chapter 767

SB123,125,23 subchapter VIII enforcement

SB123, s. 235 Section 235 . 767.71 of the statutes is created to read:

SB123,126,4 767.71 Reconciling percentage-expressed support orders. (1) Request for determination. (a) In this section, "support order" means an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter, or a stipulation approved by the court for child support under this chapter.

SB123,126,11 (b) If a support order is or has been expressed as a percentage of parental income, a party, including the state or a county child support agency under s. 59.53 (5) if the state is a real party in interest under s. 767.205 (2) (a), may request a determination under this section of the amount due under the order. The court may determine the amount due and, if ordered by the court, the county child support agency shall reconcile the amount due with payments actually made to determine if an arrearage exists.

SB123,126,18 (2) Notice and affidavit. (a) The party seeking the determination under this section shall file with the court a notice of reconciliation of account and a supporting affidavit. No later than 3 business days after filing, the party seeking the determination shall serve the notice and affidavit on all other parties, including the child support agency if the state is a real party in interest, by sending the notice and affidavit by regular mail to the last-known address provided under s. 767.58 (2), pursuant to s. 767.70.

SB123,126,19 (b) The notice of reconciliation of account shall include all of the following:

SB123,126,20 1. The period of time for which the reconciliation is sought.

SB123,126,25 2. A statement that, unless a party requests a hearing no later than 20 business days after the date of the notice, the court may enter an order determining the amount due under the percentage-expressed order and may enter a repayment order that applies if the reconciliation of the amount due with payments made results in an arrearage.

SB123,127,2 3. The mailing address to which the request for a hearing must be delivered or mailed to schedule a hearing under sub. (3).

SB123,127,5 (c) The supporting affidavit shall state the facts supporting a reasonable basis for determining the payer's income during the period of time for which the reconciliation is sought.

SB123,127,9 (3) If hearing held. (a) Within 10 business days after receiving a timely request for a hearing, the court shall set the matter for hearing. The court shall send notice of the date, time, and location of the hearing to the parties by regular mail at their last-known addresses.

SB123,127,15 (b) At the hearing, the court may establish the appropriate charge under the percentage order by determining the amount of the payer's income that is subject to the percentage-expressed order during the period for which reconciliation is sought and applying the ordered percentage to that amount. The court may enter a repayment order that becomes effective if the reconciliation of the amount due with payments made results in an arrearage.

SB123,127,23 (4) If no hearing. If no party requests a hearing, the court shall review the supporting affidavit within 60 days of filing. If the court finds that the affidavit contains a reasonable basis for determining the payer's income during the period for which reconciliation is sought, the court may enter an order determining the amount due under the percentage-expressed order and may enter a repayment order that becomes effective if the reconciliation of the amount due with payments made results in an arrearage. The court shall send the order to the parties by regular mail to their last-known addresses.

SB123,127,25 (5) Enforcement. Any arrearage that exists as a result of the reconciliation of the amount due with payments made may be enforced under ch. 49 or this chapter.

Note: Recreates current s. 767.293:

(a) For improved clarity.

(b) To relieve courts and court commissioners from determining the amount of any arrearage that may exist. Instead, that determination is made by the county child support agency, which is in a better position to make the often difficult calculations necessary to reconcile charges against payments made.

SB123, s. 236 Section 236. 767.73 (1) (title), (4) (title) and (5) (title) of the statutes are created to read:

SB123,128,3 767.73 (1) (title) Authority to suspend.

SB123,128,4 (4) (title) Application to past arrearages.

SB123,128,5 (5) (title) Relationship to other remedies.

SB123, s. 237 Section 237. 767.75 (title), (2m) (title), (3m) (title), (6m) (title), (7) (title) and (7m) (title) of the statutes are created to read:

SB123,128,8 767.75 (title) Assignment of income for payment obligations.

SB123,128,9 (2m) (title) Unpaid receiving and disbursing fees; assignment.

SB123,128,10 (3m) (title) Assignment of unemployment compensation benefits.

SB123,128,11 (6m) (title) Conversion of certain support orders to fixed amount.

SB123,128,12 (7) (title) Receipt of more than one notice of assignment.

SB123,128,13 (7m) (title) Change in payroll period.

SB123, s. 238 Section 238. 767.76 (2) (title), (3) (title), (4) (title) and (6) (title) of the statutes are created to read:

SB123,128,16 767.76 (2) (title) Transfer of funds by financial institutions.

SB123,128,17 (3) (title) Priority of transfer authorization.

SB123,128,18 (4) (title) Revocation of transfer authorization.

SB123,128,19 (6) (title) Liability immunity.

SB123, s. 239 Section 239. 767.77 (4) (title) of the statutes is created to read:

SB123,128,21 767.77 (4) (title) Information on boat ownership.

SB123, s. 240 Section 240. Subchapter IX of chapter 767 [precedes 767.80] of the statutes is created to read:

SB123,129,3 CHAPTER 767

SB123,129,5 SUBCHAPTER IX PATERNITY

SB123, s. 241 Section 241. 767.80 (2) (title), (3) (title), (4) (title), (5) (title), (6) (title) and (6r) (title) of the statutes are created to read:

SB123,129,8 767.80 (2) (title) Certain agreements not A bar to action.

SB123,129,9 (3) (title) Stay if action before birth.

SB123,129,10 (4) (title) Child as party.

SB123,129,11 (5) (title) Petition.

SB123,129,12 (6) (title) Which attorney represents state.

SB123,129,13 (6r) (title) Responsibilities of attorney upon referral.

SB123, s. 242 Section 242. 767.805 (1m) of the statutes is created to read:

SB123,129,16 767.805 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity.

Note: Prohibits minor parents from signing voluntary paternity acknowledgments. Based on a recommendation of the paternity reform committee. The reform committee noted: (1) minors need the protection of a guardian ad litem to explain their rights and responsibilities; and (2) the parents of the minor do not necessarily have the same interests as the minor and therefore may not be able to provide such protection.

SB123, s. 243 Section 243 . 767.813 (5) (b) and (c) of the statutes are created to read:

SB123,129,18 767.813 (5) (b) Alleged father as petitioner.

SB123,129,19 STATE OF WISCONSIN,                        CIRCUIT COURT: ....COUNTY

SB123,129,21 In re the Paternity of A. B.

SB123,129,22 C. D. (Alleged Father-Petitioner)

SB123,129,23 Address

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SB123,130,2        , Petitioner

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SB123,130,4 E. F.

SB123,130,5 Address                            .... (Case Classification Type):.... (Code No.)