767.62(4)(b)6.b.
b. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 business days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this
subd. 6. b. may be heard by a family court commissioner. If the parent requests a hearing and the court or family court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.
767.62(4)(c)1.1. In making an order of legal custody under
par. (a), the court shall order a parent who is not granted legal custody to provide to the court medical and medical history information that is known to the parent. The court shall send the information to the physician or other health care provider with primary responsibility for the treatment and care of the child, as designated by the parent who is granted legal custody of the child, and advise the physician or other health care provider of the identity of the child to whom the information relates. The information provided shall include all of the following:
767.62(4)(c)1.a.
a. The known medical history of the parent providing the information, including specific information about stillbirths or congenital anomalies in the parent's family, and the medical histories, if known, of the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical history information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.
767.62(4)(c)1.b.
b. A report of any medical examination that the parent providing the information had within one year before the date of the order.
767.62(4)(c)2.
2. The physician or other health care provider designated under
subd. 1. shall keep the information separate from other records kept by the physician or other health care provider. The information shall be assigned an identification number and maintained under the name of the parent who provided the information to the court. The patient health care records of the child that are kept by the physician or other health care provider shall include a reference to that name and identification number. If the child's patient health care records are transferred to another physician or other health care provider or another health care facility, the records containing the information provided under
subd. 1. shall be transferred with the child's patient health care records. Notwithstanding
s. 146.819, the information provided under
subd. 1. need not be maintained by a physician or other health care provider after the child reaches age 18.
767.62(4)(c)3.a.
a. The physician or other health care provider with custody of the information, or any other record custodian at the request of the physician or other health care provider, shall have access to the information if, in the professional judgment of the physician or other health care provider, the information may be relevant to the child's medical condition.
767.62(4)(c)3.b.
b. The physician or other health care provider may release only that portion of the information, and only to a person, that the physician or other health care provider determines is relevant to the child's medical condition.
767.62(4)(d)1.1. Except as provided in
par. (e), the court or family court commissioner shall determine child support payments under
par. (a) by using the percentage standard established by the department under
s. 49.22 (9).
767.62(4)(d)2.
2. In determining child support payments under
par. (a), the court or family court commissioner may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under
s. 49.22 (2m) to the department or the county child support agency under
s. 59.53 (5).
767.62(4)(d)3.
3. Support orders under
par. (a) ordinarily shall be for periodic payments which may vary in amount if appropriate. The payment amount may be expressed as a percentage of the parent's income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of the parent's income or a fixed sum. The father's liability for past support of the child shall be limited to support for the period after the birth of the child.
767.62(4)(e)
(e) Upon request by a party, the court or family court commissioner may modify the amount of child support payments determined under
par. (d) if, after considering the following factors, the court or family court commissioner finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to the requesting party:
767.62(4)(e)2.
2. The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under
par. (b).
767.62(4)(e)3.
3. The standard of living and circumstances of the parents, including whether a parent receives maintenance payments under
s. 767.26 and the needs of each party in order to support himself or herself at a level equal to or greater than that established under
42 USC 9902 (2).
767.62(4)(e)5.
5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.
767.62(4)(e)6.
6. The need and capacity of the child for education, including higher education.
767.62(4)(e)8.
8. The financial resources and the earning ability of the child.
767.62(4)(e)9.
9. Any physical custody arrangement ordered or decided upon.
767.62(4)(e)10.
10. Extraordinary travel expenses incurred in exercising the right to periods of physical placement.
767.62(4)(e)11.
11. The responsibility of the parents for the support of others.
767.62(4)(e)12.
12. The value of services contributed by the custodial parent.
767.62(4)(e)14.
14. Any other factors that the court or family court commissioner in each case determines are relevant to the best interests of the child.
767.62(4)(f)
(f) If the court or family court commissioner finds under
par. (e) that use of the percentage standard is unfair to the child or the requesting party, the court or family court commissioner shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's or family court commissioner's order deviates from that amount, the reasons for finding that use of the percentage standard is unfair to the child or the party, the reasons for the amount of the modification and the basis for the modification.
767.62(4)(g)
(g) A party ordered to pay child support under this subsection shall pay simple interest at the rate of 1.5% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% per month shall accrue on the total amount of child support in arrears, if any. Interest under this paragraph is in lieu of interest computed under
s. 807.01 (4),
814.04 (4) or
815.05 (8) and is paid to the department or its designee under
s. 767.29. Except as provided in
s. 767.29 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:
Effective date note
NOTE: Par. (g) (intro.) is shown as repealed and recreated eff. 1-4-99 by
1997 Wis. Act 191. Prior to 1-4-99 it reads:
Effective date text
(g) A party ordered to pay child support under this subsection shall pay simple interest at the rate of 1.5% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1.5% per month shall accrue on the total amount of child support in arrears, if any. Interest under this paragraph is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for child support as follows:
767.62(4)(g)1.
1. First, to payment of child support due within the calendar month during which the payment is received.
767.62(4)(g)2.
2. Second, to payment of unpaid child support due before the payment is received.
767.62(4)(g)3.
3. Third, to payment of interest accruing on unpaid child support.
767.62(5)(a)(a) A determination of paternity that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under
sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.
767.62(5)(b)
(b) If a court in a proceeding under
par. (a) determines that the man is not the father of the child, the court shall vacate any order entered under
sub. (4) with respect to the man. The court shall notify the state registrar, in the manner provided in
s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the man with respect to the child.
767.62(6)(a)(a) This section does not apply unless all of the following apply to the statement acknowledging paternity:
767.62(6)(a)1.
1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.
767.62(6)(a)2.
2. The statement was signed and filed on or after April 1, 1998.
767.62(6)(a)3.
3. The statement contains an attestation clause showing that both parties, before signing the statement, received oral and written notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.
767.62(6)(b)
(b) Parties who signed and filed a statement acknowledging paternity before April 1, 1998, may sign and file a new statement that fulfills the requirements under
par. (a). Such a statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.
767.62(6)(c)
(c) The notice requirements under
s. 69.15 (3) (b) 3. apply to this section beginning with forms for the acknowledgment of paternity that are prescribed by the state registrar on April 1, 1998.
