SB123: Bill Text

SB123, s. 152 Section 152. 767.32 (2) of the statutes is renumbered 767.59 (2) (a) and amended to read:

SB123,89,13 767.59 (2) (a) Except as provided in sub. (2m) or (2r) par. (b) or (c), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under s. 49.22 (9).

SB123, s. 153 Section 153. 767.32 (2m) of the statutes is renumbered 767.59 (2) (b) and amended to read:

SB123,89,20 767.59 (2) (b) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) par. (a) if, after considering the factors listed in s. 767.25 767.511 (1m), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.

SB123, s. 154 Section 154. 767.32 (2r) of the statutes is renumbered 767.59 (2) (c).

SB123, s. 155 Section 155. 767.32 (2s) of the statutes is renumbered 767.59 (2s) and amended to read:

SB123,90,4 767.59 (2s) Stipulation for revision of support. In an action under sub. (1) (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25, 767.51 or 767.62 (4) 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB123, s. 156 Section 156. 767.32 (2w) of the statutes is renumbered 767.59 (2w) and amended to read:

SB123,90,13 767.59 (2w) When revision effective. A revision of a judgment or order with respect to child support, family support, or maintenance payments has the effect of modifying the original judgment or order with respect to such the payments to the extent of the revision from the date on which the order revising such the payments is effective. The child support, family support, or maintenance payments modified by the order for revision shall cease to accrue under the original judgment or order from the date on which the order revising such the payments is effective.

SB123, s. 157 Section 157. 767.32 (3) of the statutes is renumbered 767.59 (3) and amended to read:

SB123,90,19 767.59 (3) Remarriage; vacating maintenance order. After a final judgment requiring maintenance payments has been rendered and the payee has remarried, the court shall, on application of the payer with notice to the payee and upon proof of remarriage, vacate the order requiring such the payments.

SB123, s. 158 Section 158. 767.32 (4) of the statutes is renumbered 767.59 (4) and amended to read:

SB123,91,2 767.59 (4) Review when the state is a real party in interest. In any case in which the state is a real party in interest under s. 767.075 767.205 (2), the department shall review the support obligation periodically and whenever circumstances so warrant, if appropriate, petition the court for revision of the judgment or order with respect to the support obligation.

SB123, s. 159 Section 159. 767.32 (5) of the statutes is renumbered 767.59 (5) and amended to read:

SB123,91,7 767.59 (5) Notice of child support information. A summons or petition, motion, or order to show cause under this section shall include notification of the availability of information under s. 767.081 767.105 (2).

SB123, s. 160 Section 160. 767.325 (intro.) and (1) to (5) of the statutes are renumbered 767.451 (intro.) and (1) to (5), and 767.451 (intro.), (1) (a) (intro.) and (2) (a) and (b), as renumbered, are amended to read:

SB123,91,14 767.451 Revision of legal custody and physical placement orders. (intro.) Except for matters under s. 767.327 or 767.329 767.461 or 767.481, the following provisions are applicable to modifications of legal custody and physical placement orders:

SB123,91,21 (1) (a) Within 2 years after initial order final judgment. (intro.) Except as provided under sub. (2), a court may not modify any of the following orders before 2 years after the initial order final judgment determining legal custody or physical placement is entered under s. 767.24 767.41, unless a party seeking the modification, upon petition, motion, or order to show cause, shows by substantial evidence that the modification is necessary because the current custodial conditions are physically or emotionally 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 (2) (a) If the parties have substantially equal periods of physical placement pursuant to a court order and circumstances make it impractical for the parties to continue to have substantially equal physical placement, a court, upon petition, motion, or order to show cause by a party, may modify such an the order if it is in the best interest of the child.

SB123,92,9 (b) In any case in which par. (a) does not apply and in which the parties have substantially equal periods of physical placement pursuant to a court order, a court, upon petition, motion, or order to show cause of a party, may modify such an the order based on the appropriate standard under sub. (1). However, under sub. (1) (b) 2., there is a rebuttable presumption that having substantially equal periods of physical placement is in the best interest of the child.

SB123, s. 161 Section 161. 767.325 (5m) of the statutes, as affected by 2003 Wisconsin Act 130, is renumbered 767.451 (5m) and amended to read:

SB123,92,15 767.451 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 767.41 (5) (am), subject to s. 767.24 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.24 767.41.

SB123, s. 162 Section 162. 767.325 (6) to (8) of the statutes are renumbered 767.451 (6) to (8), and 767.451 (6m) and (8), as renumbered, are amended to read:

SB123,92,21 767.451 (6m) Parenting plan. In any action to modify a legal custody or physical placement order under sub. (1), the court may require the party seeking the modification to file with the court a parenting plan under s. 767.24 767.41 (1m) before any hearing is held.

SB123,92,24 (8) Petition, motion, or order to show cause. A petition, motion, or order to show cause under this section shall include notification of the availability of information under s. 767.081 767.105 (2).

SB123, s. 163 Section 163. 767.325 (9) of the statutes is repealed.

Note: Deletes an obsolete applicability provision.

SB123, s. 164 Section 164. 767.327 (title) and (1) to (6) of the statutes are renumbered 767.481 (title) and (1) to (6), and 767.481 (1) (a) (intro.), (2) (b) and (c) and (4), as renumbered, are amended to read:

SB123,93,8 767.481 (1) (a) (intro.) If Except as provided in sub. (8), if the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days days' written notice to the other parent, with a copy to the court, of his or her intent to:

SB123,93,13 (2) (b) If the parent who is proposing the move or removal receives a notice of objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the parent may not move with or remove the child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent obtains a temporary order to do so under s. 767.23 767.225 (1) (bm).

SB123,93,19 (c) Upon receipt of a copy of a notice of objection under par. (a), the court or circuit court commissioner shall promptly refer the parents for mediation or other family court counseling services under s. 767.11 767.405 and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation or counseling family court services do not resolve the dispute within 30 days after referral, the matter shall proceed under subs. (3) to (5).

SB123,93,22 (4) Guardian ad litem; prompt hearing. After a petition, motion, or order to show cause is filed under sub. (3), the court shall appoint a guardian ad litem, unless s. 767.045 767.407 (1) (am) applies, and shall hold a hearing as soon as possible.

SB123, s. 165 Section 165. 767.327 (7) of the statutes is repealed.

Note: Repeals an obsolete applicability provision.

SB123, s. 166 Section 166. 767.329 of the statutes is renumbered 767.461 and amended to read:

SB123,94,8 767.461 Revisions agreed to by stipulation. If after an initial order is entered under s. 767.24, 767.41 the parties agree to a modification in an order of physical placement or legal custody and file a stipulation with the court that specifies the agreed upon modification, the court shall incorporate the terms of the stipulation into a revised order of physical placement or legal custody unless the court finds that the 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 Section 167. 767.33 of the statutes is renumbered 767.553, and 767.553 (1) (c), (2), (3), (4) (a) (intro.), (b), (c) (intro.) and (d) and (5), as renumbered, are amended to read:

SB123,94,15 767.553 (1) (c) In the order the court or circuit court commissioner shall specify what information the parties must exchange to determine whether the payer's income has changed, and shall specify the manner and timing of the information exchange.

SB123,95,2 (2) Form for stipulating. If the court or circuit court commissioner provides for an annual adjustment, the court or circuit court commissioner shall make available to the parties, including the state if the state is a real party in interest under s. 767.075 (1) 767.205 (2) (a), a form approved by the court or circuit court commissioner for the parties to use in stipulating to an adjustment of the amount of child or family support and to modification of any applicable income-withholding order. The form shall include an order, to be signed by a judge or circuit court commissioner the court, for approval of the stipulation of the parties.

SB123,95,7 (3) Income changes. (a) If the payer's income changes from the amount found by the court or circuit court commissioner or stipulated to by the parties for the current child or family support order, the parties may implement an adjustment under this section by stipulating, on the form under sub. (2), to the changed income amount and the adjusted child or family support amount, subject to sub. (1) (b).

SB123,95,14 (b) The stipulation form must shall be signed by all parties, including the state if the state is a real party in interest under s. 767.075 (1) 767.205 (2) (a), and filed with the court. If the stipulation is approved, the order shall be signed by a judge or circuit court commissioner the court and implemented in the same manner as an order for a revision under s. 767.32 767.59. An adjustment under this subsection shall be is effective as of the date on which the order is signed by the judge or circuit court commissioner.

SB123,95,18 (4) (a) (intro.) Any party, including the state if the state is a real party in interest under s. 767.075 (1) 767.205 (2) (a), may file a motion, petition, or order to show cause for implementation of an annual adjustment under this section if any of the following applies:

SB123,95,25 (b) If the court or circuit court commissioner determines after a hearing that an adjustment should be made, the court or circuit court commissioner shall enter an order adjusting the child or family support payments by the amount determined by the court or circuit court commissioner, subject to sub. (1) (b). An adjustment under this subsection may not take effect before the date on which the party responding to the motion, petition, or order to show cause received notice of the action under this subsection.

SB123,96,3 (c) (intro.) Notwithstanding par. (b), the court or circuit court commissioner may direct that all or part of the adjustment not take effect until such time as the court or circuit court commissioner directs, if any of the following applies:

SB123,96,10 (d) If in an action under this subsection the court or circuit court commissioner determines that a party has unreasonably failed to provide the information required under sub. (1) (c) or to provide the information on a timely basis, or unreasonably failed or refused to sign a stipulation for an annual adjustment, the court or circuit court commissioner may award to the aggrieved party actual costs, including service costs, any costs attributable to time missed from employment, the cost of travel to and from court, and reasonable attorney fees.

SB123,96,13 (5) (a) Nothing in this section affects a party's right to file at any time a motion, petition, or order to show cause under s. 767.32 767.59 for revision of a judgment or order with respect to an amount of child or family support.

SB123, s. 168 Section 168. 767.34 (2) (title) of the statutes is created to read:

SB123,96,15 767.34 (2) (title) Limitations on court approval.

SB123, s. 169 Section 169. 767.37 (title) of the statutes is renumbered 767.251 (title) and amended to read:

SB123,96,18 767.251 (title) Effect Content, preparation, and approval of judgment.

SB123, s. 170 Section 170 . 767.37 (1) (a) of the statutes is renumbered 767.251 and amended to read:

SB123,97,6 767.251 (1) Content. In any an action affecting the family, if the court orders maintenance payments or other allowances for a party or children or retains jurisdiction in such those matters, the written judgment shall include a provision statement that disobedience of the court order with respect to the same is punishable under ch. 785 by commitment to the county jail or house of correction until such the judgment is complied with and the costs and expenses of the proceedings are paid or until the party committed is otherwise discharged, according to law. The written judgment in any action affecting the family shall include the social security numbers of the parties and of any child of the parties Final written agreements and stipulations of the parties shall, unless set forth in the judgment, be appended to the judgment and incorporated by reference.

SB123,97,11 (2) Preparation. The findings of fact and, conclusions of law, and the written judgment shall be drafted by the attorney for the moving party petitioner unless the court otherwise directs, and shall be submitted to the court and filed with the clerk of the court within 30 days after judgment is granted; but if the respondent has been represented by counsel, the.

SB123,97,20 (3) Approval. The draft findings, conclusions, and judgment shall first be submitted to respondent's counsel for approval and if the circuit court commissioner has appeared at the trial of the action, such papers shall also be sent to the circuit court commissioner for approval be approved by all counsel appearing, including a guardian ad litem and county child support enforcement agency attorney, and any other person designated by the court or local rule. After any necessary approvals are obtained, the findings of fact, conclusions of law, and judgment shall be submitted to the court. Final stipulations of the parties may be appended to the judgment and incorporated 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 Section 171. 767.37 (1) (c) of the statutes is renumbered 767.36 and amended to read:

SB123,98,9 767.36 Copies of judgment to parties. At the time of filing any a judgment for an annulment, divorce, or legal separation, the attorney for the moving party who prepared the judgment shall present furnish to the clerk of court 2 true copies thereof of the judgment, including any attachments to the judgment referenced in the judgment, in addition to the original judgment, and until such. Until the copies are presented, the clerk may refuse to accept such the judgment for filing. After the judgment is filed, the clerk shall mail a copy forthwith promptly to each party to the action at the last-known address, and the mailing shall be shown in the court record shall 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 Section 172. 767.37 (2) of the statutes is renumbered 767.35 (6) and amended to read:

SB123,99,12 767.35 (6) Vacating or modifying divorce judgment as it affects marital status. So far as a judgment of divorce affects the marital status of the parties, the court has the power to may vacate or modify the judgment for sufficient cause shown, upon its own motion, or upon the application of both parties to the action, at any time within 6 months from the granting of such the judgment. No such judgment shall be vacated or modified without service of notice of motion on the office of family court commissioner. The court may direct a circuit court commissioner or appoint some other attorney, to bring appropriate proceedings for the vacation of the judgment. The compensation of the circuit court commissioner when not on a salaried basis or other attorney for performing such services shall be at the rate of $50 per day, which shall be paid out of the county treasury upon order of the presiding judge and the certificate of the clerk of the court. If the judgment is vacated it shall restore the parties to the marital relation that existed before the granting of such the judgment. If after vacation of the judgment either of the parties brings an action in this state for divorce against the other the court may order the petitioner in such action to reimburse the county the amount paid by it to the circuit court commissioner or other attorney in connection with such vacation proceedings. Whenever If a judgment of divorce is set aside under this subsection, the court shall order the record in the action impounded without regard to s. 767.19; and thereafter neither 767.13. After the record is impounded, the record nor any part of the record shall may not be offered or admitted in whole or in part into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any paternity proceedings under this chapter or by special order of any a court of record upon a showing 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 Section 173. 767.37 (3) of the statutes is renumbered 767.35 (3) and amended to read:

SB123,99,20 767.35 (3) When divorce judgment effective. When a A judgment of divorce is granted it shall be effective immediately except as provided in s. 765.03 (2). Every judge who grants when granted. A court granting a judgment of divorce shall inform the parties appearing in court that the judgment is effective immediately except as provided in s. 765.03 (2) when granted but that it is unlawful under s. 765.03 (2) for a 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 Section 174 . 767.38 of the statutes is renumbered 767.35 (7) and amended to read:

SB123,100,11 767.35 (7) Judgment Divorce judgment revoked on remarriage of parties. When a judgment of divorce has been granted and the parties shall afterwards subsequently intermarry, the court, upon their joint application and upon satisfactory proof of such the marriage, shall revoke all judgments and any orders which that will not affect the right of 3rd persons and. If the judgment is revoked, the court shall order the record impounded without regard to s. 767.19 767.13, and neither the record nor any part of the record shall may not be offered or admitted, in whole or in part, into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any a paternity proceedings proceeding under this chapter or by special order of any a court of record upon a showing of necessity to clear title to real estate.

SB123, s. 175 Section 175. 767.39 (title) of the statutes is repealed.

SB123, s. 176 Section 176 . 767.39 (1) of the statutes is renumbered 767.273 and amended to read:

SB123,100,23 767.273 Allowances pending appeal. In actions an action affecting the family pending in an appellate court, no an allowance for suit money, counsel fees, or disbursements in the court, nor or for temporary maintenance or support payments to the spouse or the children during the pendency of the appeal will may be made in the by the proper trial court upon motion made and decided after entry of the order or judgment appealed from and prior to the return of the record to appellate court. If the allowance is ordered before the appeal is taken, the order shall be conditioned upon the taking of the appeal and is not effective until the record is transmitted to appellate court.

Note: Incorporates the substance of current s. 767.39 (2), stats., which is repealed.

SB123, s. 177 Section 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 Section 178. 767.40 of the statutes is renumbered 785.07 and amended to read:

SB123,101,5 785.07 Contempt proceedings orders imposing confinement. All A contempt orders in which order imposing confinement is imposed shall be issued by a 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 Section 179. Subchapter V (title) of chapter 767 [precedes 767.401] of the statutes is created to read:

SB123,101,8 chapter 767

SB123,101,11 subchapter V child custody, placement, and visitation

SB123, s. 180 Section 180. 767.401 (1) (title) and (2) (title) of the statutes are created to read:

SB123,101,14 767.401 (1) (title) Programs: effects of dissolution on children; parenting skills.

SB123,101,15 (2) (title) Classes on parenting.

SB123, s. 181 Section 181. 767.405 (1) (intro.) of the statutes is created to read:

SB123,101,17 767.405 (1) Definitions. (intro.) In this section:

SB123, s. 182 Section 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.