SB362: Bill Text

Analysis by the Legislative Reference Bureau

Under current law, in an action affecting the family, such as a divorce, when the petition commencing the action is filed, the social security numbers of the parties, of each minor child of the parties, and of each child born to the wife during the marriage must be filed with the court on a form that is separate from the petition. This bill limits the social security numbers that must be filed for children born to the wife during the marriage to those of minor children who were born to the wife during the marriage. The bill also provides that in a paternity action, the form with the social security numbers of the parties and minor children must be filed with the court within five business days after paternity is adjudicated, rather than at the beginning of the action when the petition is filed.

The bill makes a few other minor technical corrections relating to the chapter on actions affecting the family. For example, under current law, a court may order child support, legal custody, and periods of physical placement on the basis of a statement acknowledging paternity that is signed by both parents and filed with the state registrar. However, since January 1, 2007, a minor has been prohibited from signing a statement acknowledging paternity. The bill harmonizes this prohibition with the statutes related to requirements for the state registrar with respect to changing facts on birth certificates. Another technical change that the bill makes is conforming to current law the maximum possible number of years of imprisonment for interference with the custody of a child in the form for a summons in a paternity action. Previously the maximum period of imprisonment was up to five years; currently the maximum is up to three years and six months.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB362, s. 1 Section 1. 69.15 (3) (b) 3. of the statutes is amended to read:

SB362,2,12 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, and by a parent or legal guardian of any parent who is neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of workforce development or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

SB362, s. 2 Section 2. 767.215 (5) (a) (intro.) of the statutes is amended to read:

SB362,2,16 767.215 (5) (a) (intro.) When Except as provided in par. (am), when the petition under this section is filed with the court, the party filing the petition shall submit a separate form, furnished by the court, containing all of the following:

SB362, s. 3 Section 3. 767.215 (5) (a) 2. of the statutes is amended to read:

SB362,3,3 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife during the marriage and who is a minor.

SB362, s. 4 Section 4. 767.215 (5) (am) of the statutes is created to read:

SB362,3,7 767.215 (5) (am) In an action to determine the paternity of a child, the party who filed the petition shall submit the form under par. (a) within 5 days after paternity is adjudicated.

SB362, s. 5 Section 5. 767.215 (5) (b) of the statutes is amended to read:

SB362,3,13 767.215 (5) (b) A form submitted under this subsection shall be maintained with the confidential information required under s. 767.54 767.127 or maintained separately from the case file. The form may be disclosed only to the parties and their attorneys, a county child support enforcement agency, and any other person authorized by law or court order to have access to the information on the form.

SB362, s. 6 Section 6. 767.511 (2m) of the statutes is created to read:

SB362,3,17 767.511 (2m) Limitations on approval of stipulations. Section 767.34 (2) (a) and (am) provide limitations on the court's approval of stipulations relating to child support.

SB362, s. 7 Section 7. 767.59 (1c) (b) of the statutes is amended to read:

SB362,3,21 767.59 (1c) (b) A court may not revise or modify a judgment or order that waives maintenance payments for either party or a judgment or order with respect to final division of property.

SB362, s. 8 Section 8. 767.61 (4m) of the statutes is created to read:

SB362,3,25 767.61 (4m) Limitation on approval of stipulations. Section 767.34 (2) (b) provides a limitation on the court's approval of stipulations relating to property division.

SB362, s. 9 Section 9. 767.61 (7) of the statutes is created to read:

SB362,4,3 767.61 (7) Revision prohibited. A court may not revise or modify a judgment or order with respect to final division of property.

SB362, s. 10 Section 10. 767.813 (5) (a) 4. of the statutes is amended to read:

SB362,4,7 767.813 (5) (a) 4. You are also notified that interference with the custody of a child is punishable by a fine of up to $10,000 and imprisonment for up to 5 3 years and 6 months. Section 948.31, stats.

SB362, s. 11 Section 11. 767.865 (1) (a) of the statutes is amended to read:

SB362,4,13 767.865 (1) (a) The personal representative or, if there is no personal representative, a guardian ad litem in accordance with par. (b) may appear for a deceased respondent whenever an appearance by the respondent is required. The summons and petition shall be served on the personal representative of and or guardian ad litem for the deceased respondent under s. 767.813 (3).

SB362, s. 12 Section 12. Initial applicability.

SB362,4,17 (1) Social security numbers in paternity actions. The treatment of section 767.215 (5) (am) of the statutes first applies to paternity actions that are commenced on the effective date of this subsection.

SB362,4,18 (End)