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13. The mailing address to which the request for a hearing must be delivered or
2mailed to schedule a hearing under sub. (3).
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(c) The supporting affidavit shall state the facts supporting a reasonable basis
4for determining the payer's income during the period of time for which the
5reconciliation is sought.
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6(3) If hearing held. (a) Within 10 business days after receiving a timely
7request for a hearing, the court shall set the matter for hearing. The court shall send
8notice of the date, time, and location of the hearing to the parties by regular mail at
9their last-known addresses.
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(b) At the hearing, the court may establish the appropriate charge under the
11percentage order by determining the amount of the payer's income that is subject to
12the percentage-expressed order during the period for which reconciliation is sought
13and applying the ordered percentage to that amount. The court may enter a
14repayment order that becomes effective if the reconciliation of the amount due with
15payments made results in an arrearage.
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16(4) If no hearing. If no party requests a hearing, the court shall review the
17supporting affidavit within 60 days of filing. If the court finds that the affidavit
18contains a reasonable basis for determining the payer's income during the period for
19which reconciliation is sought, the court may enter an order determining the amount
20due under the percentage-expressed order and may enter a repayment order that
21becomes effective if the reconciliation of the amount due with payments made results
22in an arrearage. The court shall send the order to the parties by regular mail to their
23last-known addresses.
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24(5) Enforcement. Any arrearage that exists as a result of the reconciliation of
25the 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
1Section
236. 767.73 (1) (title), (4) (title) and (5) (title) of the statutes are
2created to read:
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767.73
(1) (title)
Authority to suspend.
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4(4) (title)
Application to past arrearages.
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5(5) (title)
Relationship to other remedies.
SB123, s. 237
6Section
237. 767.75 (title), (2m) (title), (3m) (title), (6m) (title), (7) (title) and
7(7m) (title) of the statutes are created to read:
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8767.75 (title)
Assignment of income for payment obligations.
SB123,128,9
9(2m) (title)
Unpaid receiving and disbursing fees; assignment.
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10(3m) (title)
Assignment of unemployment compensation benefits.
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11(6m) (title)
Conversion of certain support orders to fixed amount.
SB123,128,12
12(7) (title)
Receipt of more than one notice of assignment.
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13(7m) (title)
Change in payroll period.
SB123, s. 238
14Section
238. 767.76 (2) (title), (3) (title), (4) (title) and (6) (title) of the statutes
15are created to read:
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767.76
(2) (title)
Transfer of funds by financial institutions.
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17(3) (title)
Priority of transfer authorization.
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18(4) (title)
Revocation of transfer authorization.
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19(6) (title)
Liability immunity.
SB123, s. 239
20Section
239. 767.77 (4)
(title) of the statutes is created to read:
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767.77
(4) (title)
Information on boat ownership.
SB123, s. 240
1Section
240. Subchapter IX of chapter 767 [precedes 767.80] of the statutes
2is created to read:
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SUBCHAPTER IX
5
PATERNITY
SB123, s. 241
6Section
241. 767.80 (2) (title), (3) (title), (4) (title), (5) (title), (6) (title) and (6r)
7(title) of the statutes are created to read:
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767.80
(2) (title)
Certain agreements not A bar to action.
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9(3) (title)
Stay if action before birth.
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10(4) (title)
Child as party.
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11(5) (title)
Petition.
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12(6) (title)
Which attorney represents state.
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13(6r) (title)
Responsibilities of attorney upon referral.
SB123, s. 242
14Section
242. 767.805 (1m) of the statutes is created to read:
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767.805
(1m) Minor parent may not sign. A minor may not sign a statement
16acknowledging 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
17Section
243
. 767.813 (5) (b) and (c) of the statutes are created to read:
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767.813
(5) (b)
Alleged father as petitioner.
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STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
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In re the Paternity of A. B.
SB123,129,2222
C. D. (Alleged Father-Petitioner)
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1City, State Zip Code
File No. ...
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2 , Petitioner
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3 vs.
S U M M O N S
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Address
.... (Case Classification Type):.... (Code No.)
SB123,130,66
City, State Zip Code
SB123,130,7
7 , Respondent
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THE STATE OF WISCONSIN, To the Respondent:
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1. You have been sued. The petitioner .... claims that he may be the father of
11the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer
12this claim of paternity. Your court appearance is:
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Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Room: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Judge or Circuit Court Commissioner: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2. If you do not appear, the court will enter a default judgment finding the
19petitioner .... to be the father. If you plan to be represented by an attorney, you should
20contact the attorney prior to the court appearance listed above.
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3. The .... County Clerk of Circuit Court is an equal opportunity service
22provider. If you need assistance to access services in the court or need material in
23an alternate format, please call .... .
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Dated: ...., .... (year)
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Signed:.... ....
SB123,131,1
1G. H., Clerk of Circuit Court
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Petitioner's Attorney
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State Bar No.: ....
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Address: ....
SB123,131,66
City, State Zip Code: ....
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Phone No.: ....
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(c)
Nonparent as petitioner.
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STATE OF WISCONSIN,
CIRCUIT COURT: ....COUNTY
SB123,131,1111
In re the Paternity of A. B.
SB123,131,1212
C. D. (Nonparent-Petitioner)
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City, State Zip Code
File No. ...
SB123,131,15
15 , Petitioner
SB123,131,16
16 vs.
S U M M O N S
SB123,131,1818
Address
.... (Case Classification Type):.... (Code No.)
SB123,131,1919
City, State Zip Code
SB123,131,20
20 , Respondent
SB123,131,2222
THE STATE OF WISCONSIN, To the Respondent
SB123,131,2523
1. You have been sued. The petitioner .... claims that .... is the mother and ....
24may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You
25must appear to answer this claim of paternity. Your court appearance is:
