SB123,61,18 13(8) Any mutual agreement made by the parties before or during the marriage,
14according to the terms of which one party has made financial or service contributions
15to the other with the expectation of reciprocation or other compensation in the future,
16where such if the repayment has not been made, or any mutual agreement made by
17the parties before or during the marriage concerning any arrangement for the
18financial support of the parties.
SB123, s. 111 19Section 111. 767.261 of the statutes is renumbered 767.531, and 767.531
20(intro.), as renumbered, is amended to read:
SB123,62,9 21767.531 Family support. (intro.) The court may make a financial order
22designated "family support" as a substitute for child support orders under s. 767.25
23767.511 and maintenance payment orders under s. 767.26 767.56. A party ordered

1to pay family support under this section shall pay simple interest at the rate of 1%
2per month on any amount in arrears that is equal to or greater than the amount of
3child support due in one month. If the party no longer has a current obligation to pay
4child support, interest at the rate of 1% per month shall accrue on the total amount
5of child support in arrears, if any. Interest under this section is in lieu of interest
6computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department
7or its designee under s. 767.29 767.57. Except as provided in s. 767.29 767.57 (1m),
8the department or its designee, whichever is appropriate, shall apply all payments
9received for family support as follows:
SB123, s. 112 10Section 112. 767.262 of the statutes is renumbered 767.241, and 767.241
11(title), as renumbered, is amended to read:
SB123,62,12 12767.241 (title) Award of attorney fees and other fees and costs.
SB123, s. 113 13Section 113. 767.263 of the statutes is renumbered 767.58, and 767.58 (title)
14and (1), as renumbered, are amended to read:
SB123,63,5 15767.58 (title) Notice of change of employer, change of address, and
16change in ability to pay; other information. (1) Support or maintenance order;
17notice requirements.
Each order for child support, family support, or maintenance
18payments shall include an order that the payer and payee notify the county child
19support agency under s. 59.53 (5) of any change of address within 10 business days
20of such change. Each order for child support, family support, or maintenance
21payments shall also include an order that the payer notify the county child support
22agency under s. 59.53 (5) and the payee, within 10 business days, of any change of
23employer and of any substantial change in the amount of his or her income, including
24receipt of bonus compensation, such that affecting his or her ability to pay child
25support, family support, or maintenance is affected. The order shall also include a

1statement that clarifies that notification of any substantial change in the amount of
2the payer's income will not result in a change of the order unless a revision of the
3order under s. 767.32 767.59 or an annual adjustment of the child or family support
4amount under s. 767.33 767.553 is sought. An order under this subsection is
5enforceable under ch. 785.
Note: Clarifies that an order under the provision is enforceable by contempt
proceedings.
SB123, s. 114 6Section 114. 767.264 (title) of the statutes is created to read:
SB123,63,8 7767.264 (title) Dismissal; vacation; substitution or withdrawal of
8attorney.
SB123, s. 115 9Section 115. 767.265 (title) of the statutes is repealed.
SB123, s. 116 10Section 116. 767.265 (1) of the statutes is renumbered 767.75 (1) (b) and
11amended to read:
SB123,63,2212 767.75 (1) (b) Each "Payment order" means an order for child support under
13this chapter, for maintenance payments under s. 767.23 767.225 or 767.26 767.56,
14for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62
15(4)
767.805 (4) or 767.89 (3), for support by a spouse under s. 767.02 767.001 (1) (f),
16or for maintenance payments under s. 767.02 (1) (g), each 767.001 (1) (g); an order
17for or obligation to pay the annual receiving and disbursing fee under s. 767.29 (1)
18(d), each
767.57 (1e) (a); an order for a revision in a judgment or order with respect
19to child support, maintenance, or family support payments under s. 767.32, each
20767.59; a stipulation approved by the court or a circuit court commissioner for child
21support under this chapter,; and each an order for child or spousal support entered
22under s. 948.22 (7).
SB123,64,9
1(1f) Payment order as assignment of income. A payment order constitutes an
2assignment of all commissions, earnings, salaries, wages, pension benefits, benefits
3under ch. 102 or 108, lottery prizes that are payable in installments, and other money
4due or to be due in the future to the department or its designee. The assignment shall
5be for an amount sufficient to ensure payment under the order, obligation, or
6stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the
7amount of support due under the order, obligation, or stipulation so long as the
8addition of the amount toward arrearages does not leave the party at an income
9below the poverty line established under 42 USC 9902 (2).
SB123, s. 117 10Section 117. 767.265 (1m) to (7m) of the statutes are renumbered 767.75 (1m)
11to (7m), and 767.75 (1m), (2h), (2m) (a) 1. and 2. and (b), (2r), (3h), (4) and (6), as
12renumbered, are amended to read:
SB123,64,1913 767.75 (1m) Obligation continuing. If a party's current obligation to pay
14maintenance, child support, spousal support, or family support terminates but the
15party has an arrearage in the payment of one or more of those payments or in the
16payment of the annual receiving and disbursing fee, any assignment under sub. (1)
17shall continue
(1f) continues in effect, in an amount up to the amount of the
18assignment before the party's current obligation terminated, until the arrearage is
19paid in full.
SB123,65,13 20(2h) Delayed withholding; failure to pay. If a court-ordered assignment,
21including the assignment specified under sub. (1) (1f) for the payment of any
22arrearages due, does not require immediately effective withholding and a payer fails
23to make a required maintenance, child support, spousal support, family support, or
24annual receiving and disbursing fee payment within 10 days after its due date,
25within 20 days after the payment's due date the court, circuit court commissioner or

1county child support agency under s. 59.53 (5) shall cause the assignment to go into
2effect by providing notice of the assignment in the manner provided under sub. (2r)
3and shall send a notice by regular mail to the last-known address of the payer. The
4notice sent to the payer shall inform the payer that an assignment is in effect and
5that the payer may, within a 10-day period after the notice is mailed, by motion
6request a hearing on the issue of whether the assignment should remain in effect.
7The court or circuit court commissioner shall hold a hearing requested under this
8subsection within 10 working days after the date of receipt of the request. If at the
9hearing the payer establishes that the assignment is not proper because of a mistake
10of fact, the court or circuit court commissioner may direct that the assignment be
11withdrawn. Either party may, within 15 working days after the date of a decision
12by a circuit court commissioner under this subsection, seek review of the decision by
13the court with jurisdiction over the action.
Note: Clarifies when the 10-day period commences for the payer to request a
hearing and for the court to hold a hearing.
SB123,65,18 14(2m) (a) 1. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 1m. 767.57
15(1e) (b) 1m.
constitutes an assignment of all commissions, earnings, salaries, wages,
16pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in
17installments, and other money due or to be due in the future to the department or
18its designee.
SB123,65,2319 2. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 2m. 767.57 (1e) (b)
202m.
constitutes an assignment of all commissions, earnings, salaries, wages, pension
21benefits, benefits under ch. 102 or 108, lottery prizes that are payable in
22installments, and other money due or to be due in the future to the clerk of court to
23whom the fees are owed, or to his or her successor.
SB123,66,14
1(b) The county child support agency under s. 59.53 (5) may cause an assignment
2under par. (a) to go into effect by providing notice of the assignment in the manner
3provided under sub. (2r) and sending a notice by regular mail to the last-known
4address of the payer. The notice sent to the payer shall inform the payer that an
5assignment is in effect and that the payer may, within a 10-day period after the
6notice is mailed
, by motion request a hearing on the issue of whether the assignment
7should remain in effect. The court or circuit court commissioner shall hold a hearing
8requested under this paragraph within 10 working days after the date of receipt of
9the request. If at the hearing the payer establishes that the assignment is not proper
10because of a mistake of fact, the court or circuit court commissioner may direct that
11the assignment be withdrawn. The payer or the county child support agency may,
12within 15 working days after the date of a decision by a circuit court commissioner
13under this paragraph, seek review of the decision by the court with jurisdiction over
14the action.
Note: Clarifies when the 10-day period commences for the payer to request a
hearing and for the court to hold a hearing.
SB123,67,7 15(2r) Notice of assignment to income source. Upon entry of each order for child
16support, maintenance, family support, support by a spouse, or the annual receiving
17and disbursing fee, and upon approval of each stipulation for child support, unless
18the court finds that income withholding is likely to cause the payer irreparable harm
19or unless s. 767.267 767.76 applies, the court, circuit court commissioner or county
20child support agency under s. 59.53 (5) shall provide notice of the assignment by
21regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic
22means to the last-known address of the person from whom the payer receives or will
23receive money. The notice shall provide that the amount withheld may not exceed

1the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If
2the department or its designee, whichever is appropriate, does not receive the money
3from the person notified, the court, circuit court commissioner or county child
4support agency under s. 59.53 (5) shall provide notice of the assignment to any other
5person from whom the payer receives or will receive money. Notice under this
6subsection may be a notice of the court, a copy of the executed assignment, or a copy
7of that part of the court order directing payment.
SB123,67,23 8(3h) Duties of person receiving assignment notice. A person who receives
9notice of assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225
10(1) (L) or 767.513 (3)
or similar laws of another state shall withhold the amount
11specified in the notice from any money that person pays to the payer later than one
12week after receipt of notice of assignment. Within 5 days after the day the person
13pays money to the payer, the person shall send the amount withheld to the
14department or its designee, whichever is appropriate, or, in the case of an amount
15ordered withheld for health care expenses, to the appropriate health care insurer,
16provider, or plan. With each payment sent to the department or its designee, the
17person from whom the payer receives money shall report to the department or its
18designee the payer's gross income or other gross amount from which the payment
19was withheld. Except as provided in sub. (3m), for each payment sent to the
20department or its designee, the person from whom the payer receives money shall
21receive an amount equal to the person's necessary disbursements, not to exceed $3,
22which shall be deducted from the money to be paid to the payer. Section 241.09 does
23not apply to assignments under this section.
SB123,68,3
1(4) Assignment priority. A withholding assignment or order under this section
2or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) has priority over
3any other assignment, garnishment, or similar legal process under state law.
SB123,68,12 4(6) Failure to comply with assignment obligations. (a) Except as provided
5in sub. (3m), if after receipt of notice of assignment the person from whom the payer
6receives money fails to withhold the money or send the money to the department or
7its designee or the appropriate health care insurer, provider, or plan as provided in
8this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3), the
9person may be proceeded against under the principal action under ch. 785 for
10contempt of court or may be proceeded against under ch. 778 and be required to
11forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that
12is equal to 1% of the amount not withheld or sent.
SB123,68,1813 (b) If an employer who receives an assignment under this section or s. 767.23
14(1) (L)
or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) fails to notify the department
15or its designee, whichever is appropriate, within 10 days after an employee is
16terminated or otherwise temporarily or permanently leaves employment, the
17employer may be proceeded against under the principal action under ch. 785 for
18contempt of court.
SB123,69,219 (c) No employer may use an assignment under this section or s. 767.23 (1) (L)
20or 767.25 (4m) (c)
767.225 (1) (L) or 767.513 (3) as a basis for the denial of employment
21to a person, the discharge of an employee, or any disciplinary action against an
22employee. An employer who denies employment or discharges or disciplines an
23employee in violation of this paragraph may be fined not more than $500 and may
24be required to make full restitution to the aggrieved person, including reinstatement
25and back pay. Except as provided in this paragraph, restitution shall be in

1accordance with s. 973.20. An aggrieved person may apply to the district attorney
2or to the department for enforcement of this paragraph.
SB123, s. 118 3Section 118. 767.265 (8) of the statutes is renumbered 767.75 (1) (intro.) and
4amended to read:
SB123,69,55 767.75 (1) Definitions. (intro.) In this section, "employer":
SB123,69,6 6(a) "Employer" includes the state and its political subdivisions.
SB123, s. 119 7Section 119. 767.266 of the statutes is renumbered 767.375.
SB123, s. 120 8Section 120 . 767.267 of the statutes is renumbered 767.76, and 767.76 (1) and
9(5), as renumbered, are amended to read:
SB123,70,410 767.76 (1) Authority of court to require. If the court or circuit court
11commissioner
determines that income withholding under s. 767.265 767.75 is
12inapplicable, ineffective, or insufficient to ensure payment under an order or
13stipulation specified in s. 767.265 767.75 (1), or that income withholding under s.
14767.25 (4m) (c) 767.513 (3) is inapplicable, ineffective, or insufficient to ensure
15payment of a child's health care expenses, including payment of health insurance
16premiums, ordered under s. 767.25 (4m) 767.513, the court or circuit court
17commissioner
may require the payer to identify or establish a deposit account, owned
18in whole or in part by the payer, that allows for periodic transfers of funds and to file
19with the financial institution at which the account is located an authorization for
20transfer from the account to the department or its designee, whichever is
21appropriate
. The authorization shall be provided on a standard form approved by
22the court and shall specify the frequency and the amount of transfer, sufficient to
23meet the payer's obligation under the order or stipulation, as required by the court
24or circuit court commissioner. The authorization shall include the payer's consent
25for the financial institution or an officer, employee, or agent of the financial

1institution to disclose information to the court, circuit court commissioner, county
2child support agency under s. 59.53 (5), department, or department's designee
3regarding the account for which the payer has executed the authorization for
4transfer.
SB123,70,9 5(5) Authorized disclosure. A financial institution or an officer, employee, or
6agent of a financial institution may disclose information to the court, circuit court
7commissioner,
county child support agency under s. 59.53 (5), department, or
8department's designee concerning an account for which a payer has executed an
9authorization for transfer under sub. (1).
SB123, s. 121 10Section 121. 767.27 (title), (1), (1m) and (2) of the statutes are renumbered
11767.127 (title), (1), (1m) and (2) and amended to read:
SB123,71,7 12767.127 (title) Disclosure of assets required Financial disclosure. (1)
13Required disclosure. In any an action affecting the family, except an action to affirm
14marriage under s. 767.02 767.001 (1) (a), the court shall require each party to furnish,
15on such standard forms as required by the court may require, full disclosure of all
16assets owned in full or in part by either party separately or by the parties jointly.
17Such disclosure Disclosure may be made by each party individually or by the parties
18jointly. Assets required to be disclosed shall include, but shall are not be limited to,
19real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance,
20retirement interests, interest in a partnership, limited liability company, or
21corporation, tangible personal property, income from employment, future interests
22whether vested or nonvested, and any other financial interest or source. The court
23shall also require each party to furnish, on the same standard form, information
24pertaining to all debts and liabilities of the parties. The form used shall contain a
25statement in conspicuous print that complete disclosure of assets and debts is

1required by law and deliberate failure to provide complete disclosure constitutes
2perjury. The court shall require each party to attach to the disclosure form a
3statement reflecting income earned to date for the current year and the most recent
4statement under s. 71.65 (1) (a) that the party has received.
The court may on its own
5initiative and shall at the request of either party require the parties to furnish copies
6of all state and federal income tax returns filed by them for the past 2 years, and may
7require copies of such those returns for prior years.
Note: 1. Adds reference to "retirement interests" for convenience. Although
current law requires disclosure of retirement interests, specific reference may make the
requirement clearer to nonlawyers.
2. Requires each party to attach to the disclosure form a current income statement
and the most recent W-2 statement. The requirement supplements current provisions
requiring disclosure of any "other financial source" and disclosure of state and federal
income tax returns for the past 2 years if requested by a party or the court.
SB123,71,14 8(1m) Health insurance information for minor child. In any action affecting
9the family which that involves a minor child, the court shall require, in addition to
10the disclosure under sub. (1), that each party furnish the court with information
11regarding the types and costs of any health insurance policies or plans which that
12are offered through each party's employer or other organization. This disclosure
13shall include a copy of any health care policy or plan which that names the child as
14a beneficiary at the time that the disclosure is filed under sub. (2).
SB123,71,19 15(2) Filing disclosure forms. Disclosure forms required under this section
16shall be filed within 90 days after the service of summons or the filing of a joint
17petition or at such other a time as ordered by the court or circuit court commissioner.
18Information contained on such the forms shall be updated on the record to the date
19of hearing.
SB123, s. 122 20Section 122. 767.27 (2m) of the statutes is renumbered 767.54 and amended
21to read:
SB123,72,10
1767.54 Required exchange of financial information. In every an action
2in which the court has ordered a party to pay child or family support under this
3chapter, including an action to revise a judgment or order under s. 767.32 767.59, the
4court shall require the parties annually to exchange financial information.
5Information disclosed under this section is subject to s. 767.127 (3). A party who fails
6to furnish the information as required by the court under this subsection section may
7be proceeded against for contempt of court under ch. 785. If the court finds that a
8party has failed to furnish the information required under this subsection section,
9the court may award to the party bringing the action costs and, notwithstanding s.
10814.04 (1), reasonable attorney fees.
Note: The reference to s. 767.127 (3) in the new sentence is to the confidentiality
provision of that section (current s. 767.27 (3)).
SB123, s. 123 11Section 123 . 767.27 (3), (4) and (5) of the statutes are renumbered 767.127 (3),
12(4) and (5), and 767.127 (3) (a), (4) and (5), as renumbered, are amended to read:
SB123,72,1613 767.127 (3) (a) Except as provided in par. (b), information disclosed under this
14section shall be and under s. 767.54 is confidential and may not be made available
15to any person for any purpose other than the adjudication, appeal, modification, or
16enforcement of judgment of an action affecting the family of the disclosing parties.
SB123,72,21 17(4) Failure to timely file. Failure by If either party fails timely to file a
18complete disclosure statement as required by this section shall authorize, the court
19to may accept as accurate any information provided in the statement of the other
20party or obtained under s. 49.22 (2m) by the department or the county child support
21agency under s. 59.53 (5).
SB123,73,9 22(5) Failure to disclose; constructive trust. If any a party deliberately
23intentionally or negligently fails to disclose information required by sub. (1) and in

1consequence thereof
as a result any asset or assets with a fair market value of $500
2or more is omitted from the final distribution of property, the party aggrieved by such
3the nondisclosure may at any time petition the court granting the annulment,
4divorce, or legal separation to declare the creation of a constructive trust as to all
5undisclosed assets, for the benefit of the parties and their minor or dependent
6children, if any, with the party in whose name the assets are held declared the
7constructive trustee, said. The trust to shall include such terms and conditions as
8the court may determine. The court shall grant the petition upon a finding of a
9failure to disclose such assets as required under sub. (1).
SB123, s. 124 10Section 124. 767.275 of the statutes is renumbered 767.63 and amended to
11read:
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:
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