SB400: Bill Text

SB400,160,11 (b) 1. Except as provided in subd. 2., in any action affecting the family under a child support enforcement program, an attorney acting under s. 49.22 49.811 or 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in par. (a) do not create an attorney-client relationship with any other party.

SB400,160,14 2. Subdivision 1. does not apply to an attorney who is employed by the department under s. 49.22 49.811 or a county under s. 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

SB400, s. 420 Section 420. 767.215 (1) (b) and (2m) (a) 2. of the statutes are amended to read:

SB400,160,19 767.215 (1) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400,160,23 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 421 Section 421. 767.225 (1n) (b) 1. of the statutes is amended to read:

SB400,161,4 767.225 (1n) (b) 1. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 49.811 (9), the court shall comply with the requirements of s. 767.511 (1n).

SB400, s. 422 Section 422. 767.241 (1) (b) of the statutes is amended to read:

SB400,161,9 767.241 (1) (b) If one party receives services under s. 49.22 49.811 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 49.22 49.811 (6) or the cost of services rendered by the state or county under s. 49.19.

SB400, s. 423 Section 423. 767.241 (3) of the statutes is amended to read:

SB400,161,13 767.241 (3) To whom paid. The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 49.22 or 49.19 or 49.811, who may enforce the order in its name.

SB400, s. 424 Section 424. 767.407 (1) (c) 1. of the statutes is amended to read:

SB400,161,19 767.407 (1) (c) 1. Aid is provided under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 49.811 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB400, s. 425 Section 425. 767.407 (1) (c) 2. of the statutes is amended to read:

SB400,161,24 767.407 (1) (c) 2. An application for legal services has been filed with the child support program under s. 49.22 49.811 on behalf of the child, but the state and its delegate under s. 49.22 49.811 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB400, s. 426 Section 426. 767.511 (1g) and (1j) of the statutes are amended to read:

SB400,162,5 767.511 (1g) Consideration of financial information. In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 49.811 (2m) to the department or the county child support agency under s. 59.53 (5).

SB400,162,8 (1j) Percentage standard generally required. Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 49.811 (9).

SB400, s. 427 Section 427. 767.521 (intro.) of the statutes is amended to read:

SB400,162,15 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 49.811 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB400, s. 428 Section 428. 767.55 (2) (am) (intro.) and 1m. and (c) of the statutes are amended to read:

SB400,162,24 767.55 (2) (am) (intro.) In an action for modification of a child support order under s. 767.59, an action in which an order for child support is required under s. 767.511 (1), 767.805 (4), or 767.89 (3), or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 49.163 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 49.163 if all of the following conditions are met:

SB400,163,4 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 49.36 49.163 and that county agrees to enroll the parent in the program.

SB400,163,14 (c) If the court enters an order under par. (am), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 49.811 (9) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 49.163 for 16 weeks, whichever occurs first. The court shall provide in its order that the parent shall make child support payments calculated under s. 767.511 (1j) or (1m) after the obligation to make payments ordered under this paragraph ceases.

SB400, s. 429 Section 429. 767.553 (1) (a) and (b) of the statutes are amended to read:

SB400,163,21 767.553 (1) (a) An order for child or family support under this chapter may provide for an annual adjustment in the amount to be paid based on a change in the payer's income if the amount of child or family support is expressed in the order as a fixed sum and based on the percentage standard established by the department under s. 49.22 49.811 (9). No adjustment may be made under this section unless the order provides for the adjustment.

SB400,163,24 (b) An adjustment under this section may not be made more than once in a year and shall be determined on the basis of the percentage standard established by the department under s. 49.22 49.811 (9).

SB400, s. 430 Section 430. 767.59 (1f) (b) 4. and (c) 1. and (2) (a) of the statutes are amended to read:

SB400,164,9 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 49.811 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB400,164,15 (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under s. 49.22 49.811 (2m) by the department or the county child support agency under s. 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

SB400,164,18 (2) (a) Except as provided in 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 49.811 (9).

SB400, s. 431 Section 431. 767.80 (1) (j), (5) (b) and (7) of the statutes are amended to read:

SB400,164,22 767.80 (1) (j) A parent of a person listed under par. (b), (c) or (d), if the parent is liable or is potentially liable for maintenance of a child of a dependent person under s. 49.90 49.039 (1) (a) 2.

SB400,165,9 (5) (b) An action under this section may be joined with any other action for child support and is governed by the procedures specified in s. 767.205 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any court, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court that rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a genetic test under s. 49.225 49.817 or 767.84.

SB400,165,14 (7) Clerk to provide document. The clerk of court shall provide without charge to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 432 Section 432. 767.813 (6) of the statutes is amended to read:

SB400,165,19 767.813 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 433 Section 433. 767.83 (3) of the statutes is amended to read:

SB400,165,24 767.83 (3) Appearance by state's attorney not affected. This section does not prevent an attorney responsible for support enforcement under s. 59.53 (6) (a) or any other attorney employed under s. 49.22 49.811 or 59.53 (5) from appearing in any paternity action as provided under s. 767.80 (6).

SB400, s. 434 Section 434. 767.84 (1) (a), (1m) and (5) (b) of the statutes are amended to read:

SB400,166,11 767.84 (1) (a) The court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 49.817 to submit to another test under this paragraph unless a party requests additional tests under sub. (2).

SB400,166,15 (1m) Rebuttable presumption. If genetic tests ordered under this section or s. 49.225 49.817 show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, the alleged father shall be rebuttably presumed to be the child's parent.

SB400,166,20 (5) (b) If 2 or more identical series of genetic tests are performed upon the same person, regardless of whether the tests were ordered under this section or s. 49.225 49.817 or 767.863 (2), the court shall require the person requesting the 2nd or subsequent series of tests to pay for the series in advance, unless the court finds that the person is indigent.

SB400, s. 435 Section 435. 767.85 (2) of the statutes is amended to read:

SB400,167,2 767.85 (2) Considerations. Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 49.811 (9), the court shall comply with the requirements of s. 767.511 (1n).

SB400, s. 436 Section 436. 767.853 (2) of the statutes is amended to read:

SB400,167,10 767.853 (2) Information access to department and child support agencies. The clerk of circuit court shall provide access to the record of any pending paternity proceeding to the department or any county child support agency under s. 59.53 (5) for purposes related to administering the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 49.811 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding.

SB400, s. 437 Section 437. 767.863 (2) of the statutes is amended to read:

SB400,167,21 767.863 (2) Order for tests. If at the first appearance it appears from a sufficient petition or affidavit of the child's mother or an alleged father or from sworn testimony of the child's mother or an alleged father that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.84. The court is not required to order a person who has undergone a genetic test under s. 49.225 49.817 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.84 (2).

SB400, s. 438 Section 438. 767.87 (1) (c) of the statutes is amended to read:

SB400,167,23 767.87 (1) (c) Genetic test results under s. 49.225 49.817, 767.84, or 885.23.

SB400, s. 439 Section 439. 767.893 (2) (b) 2. of the statutes is amended to read:

SB400,168,4 767.893 (2) (b) 2. The alleged father who fails to appear has had genetic tests under s. 49.225 49.817 or 767.84 showing that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0 percent or higher.

SB400, s. 440 Section 440. 802.10 (1) of the statutes is amended to read:

SB400,168,11 802.10 (1) Application. This section applies to all actions and special proceedings except appeals taken to circuit court; actions seeking the remedy available by certiorari, habeas corpus, mandamus, prohibition, and quo warranto; actions in which all defendants are in default; provisional remedies; and actions under ss. 49.90 49.039 and s. 66.0114 and chs. 48, 54, 102, 108, 227, 348, 767, 778, 799 and 812, and proceedings under chs. 851 to 882.

SB400, s. 441 Section 441. 803.03 (2) (a) and (bm) of the statutes are amended to read:

SB400,169,2 803.03 (2) (a) Joinder of related claims. A party asserting a claim for affirmative relief shall join as parties to the action all persons who at the commencement of the action have claims based upon subrogation to the rights of the party asserting the principal claim, derivation from the principal claim, or assignment of part of the principal claim. For purposes of this section, a person's right to recover for loss of consortium shall be deemed a derivative right. Any public assistance recipient or any estate of such a recipient asserting a claim against a 3rd party for which the public assistance provider has a right of subrogation or assignment under s. 49.89 49.037 (2) or (3) shall join the provider as a party to the claim. Any party asserting a claim based upon subrogation to part of the claim of another, derivation from the rights or claim of another, or assignment of part of the rights or claim of another shall join as a party to the action the person to whose rights the party is subrogated, from whose claim the party derives his or her rights or claim, or by whose assignment the party acquired his or her rights or claim.

SB400,169,10 (bm) Joinders because of implication of medical assistance. If the department of health services is joined as a party pursuant to par. (a) and s. 49.89 49.037 (2) because of the provision of benefits under subch. IV of ch. 49, the department of health services need not sign a waiver of the right to participate in order to have its interests represented by the party that caused the joinder. If the department of health services makes no selection under par. (b), the party causing the joinder shall represent the interests of the department of health services and the department of health services shall be bound by the judgment in the action.

SB400, s. 442 Section 442. 812.30 (9) of the statutes is amended to read:

SB400,169,17 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

SB400, s. 443 Section 443. 812.44 (4) 2. (form) of the statutes is amended to read:

SB400,169,25 812.44 (4) 2. (form) You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

SB400, s. 444 Section 444. 812.44 (5) 2. (form) of the statutes is amended to read:

SB400,170,7 812.44 (5) 2. (form) I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

SB400, s. 445 Section 445. 813.12 (5) (b) of the statutes is amended to read:

SB400,170,10 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 49.165 49.217 (3) (c) to help a person file a petition.

SB400, s. 446 Section 446. 814.03 (3) of the statutes is amended to read:

SB400,170,16 814.03 (3) Notwithstanding subs. (1) and (2), where the department of health services or a county is joined as a plaintiff pursuant to ss. 49.89 49.037 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, the department of health services or the county shall not be liable for costs to any prevailing defendant.

SB400, s. 447 Section 447. 814.29 (1) (d) 1. of the statutes is amended to read:

SB400,170,23 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

SB400, s. 448 Section 448. 815.18 (13) (a) of the statutes is amended to read:

SB400,170,25 815.18 (13) (a) Assistance benefits exempt under s. 49.96 49.043.

SB400, s. 449 Section 449. 859.07 (2) (a) 2. of the statutes is amended to read:

SB400,171,4 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 49.06 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB400, s. 450 Section 450. 859.15 of the statutes is amended to read:

SB400,171,11 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), 49.345 (11), 49.808, and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB400, s. 451 Section 451. 885.01 (5) of the statutes is amended to read:

SB400,171,16 885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46, 49.47, and 49.471, and 49.811 and programs carrying out the purposes of 7 USC 2011 to 2029 2036.

SB400, s. 452 Section 452. 895.45 (1) (a) of the statutes is amended to read:

SB400,171,22 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 49.217 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB400, s. 453 Section 453. 938.30 (6) (b) of the statutes is amended to read:

SB400,172,8 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 454 Section 454. 938.31 (7) (b) of the statutes is amended to read:

SB400,172,19 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 455 Section 455. 938.357 (5m) (a) of the statutes is amended to read:

SB400,173,6 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB400, s. 456 Section 456. 938.36 (1) (b) of the statutes is amended to read:

SB400,173,17 938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 49.811 (2m) to the department of children and families, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

SB400, s. 457 Section 457. 938.363 (1) (c) of the statutes is amended to read: