767.805 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
767.805(4)(d)1.1. An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's income is at or below the poverty line established under
42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's ability to pay or contribute to those expenses.
767.805(4)(d)2.
2. If the order does not require periodic payments because the father has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father has the ability to pay at that time.
767.805(4)(e)
(e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.
767.805(4)(f)
(f) An order requiring either party to pay or contribute to the attorney fees of the other party.
767.805(4m)(a)(a) Subject to
par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion or order to show cause requesting support is filed in the action for support under
sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:
767.805(4m)(a)1.
1. That he or she was induced to delay commencing the action by any of the following:
767.805(4m)(a)1.b.
b. Actions, promises or representations by the other party upon which the party relied.
767.805(4m)(a)2.
2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.
767.805(4m)(b)
(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.
767.805(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.
767.805(5)(b)
(b) If a court in a proceeding under
par. (a) determines that the male is not the father of the child, the court shall vacate any order entered under
sub. (4) with respect to the male. The court or the county child support agency under
s. 59.53 (5) shall notify the state registrar, in the manner provided in
s. 69.15 (1) (b), to remove the male's name as the father of the child from the child's birth certificate. No paternity action may thereafter be brought against the male with respect to the child.
767.805(6)(a)(a) This section does not apply unless all of the following apply to the statement acknowledging paternity:
767.805(6)(a)1.
1. The statement is made on a form prescribed by the state registrar for use beginning on April 1, 1998.
767.805(6)(a)2.
2. The statement was signed and filed on or after April 1, 1998.
767.805(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.
767.805(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). The new statement supersedes any statement previously filed with the state registrar and has the effects specified in this section.
767.805(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.
767.805 Annotation
A Michigan Affidavit of Parentage was a conclusive determination of paternity in Wisconsin. The affidavit was not voided under sub. (5) (a) by a Wisconsin child support action in which tests found the signer of the affidavit not to be the biological father when there was no showing of fraud, duress, or a mistake of fact in relation to the signing of the affidavit. Sub. (5) (b) does not prevent the child from bringing a paternity action based on having been unrepresented at the original paternity proceeding. Daniel T. W. v. Joni K. W.
2009 WI App 13,
315 Wis. 2d 181,
762 N.W.2d 444,
08-0902.
767.805 Annotation
Wisconsin's Custody, Placement and Paternity Reform Legislation. Walther. Wis. Law. April 2000.
767.813(1)(1)
Purpose. The summons shall state the purpose of the action.
767.813(2)
(2) Signing. The process shall be signed by the clerk of the court or by the petitioner's attorney.
767.813(3)
(3) Return date. Every summons shall specify a return date and time before the court. The clerk of the court shall set the date and hour at which the summons is returnable.
767.813(4)
(4) Service. The summons and petition shall be served in the manner provided in
s. 801.11 (1) (a) or
(b) or, notwithstanding
s. 990.001 (13), by registered or certified mail, with return receipt signed by the respondent.
767.813(5)
(5) Forms. The summons shall be in substantially one of the following forms:
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
STATE OF WISCONSIN
and
C. D. (Mother-Petitioner)
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address .... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
767.813(5)(a)1.
1. You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:
Time:
Room:
Judge or Circuit Court Commissioner:
Address:
767.813(5)(a)2.
2. If you do not appear, the court will enter a default judgment finding you to be the father.
767.813(5)(a)3.
3. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you only upon the genetic tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0 percent.
767.813(5)(a)4.
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 3 years and 6 months.
Section 948.31, stats.
767.813(5)(a)5.
5. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the courts or need material in an alternate format, please call .....
Dated: ...., .... (year)
Signed:.... ....
G. H., Clerk of Circuit Court
or
Petitioner's Attorney
State Bar No.: ....
Address: ....
City, State Zip Code: ....
Phone No.: ....
STATE OF WISCONSIN, CIRCUIT COURT: ....COUNTY
In re the Paternity of A. B.
C. D. (Alleged Father-Petitioner)
Address
City, State Zip Code File No. ...
, Petitioners
vs. S U M M O N S
E. F.
Address .... (Case Classification Type):.... (Code No.)
City, State Zip Code
, Respondent
THE STATE OF WISCONSIN, To the Respondent:
767.813(5)(b)1.
1. You have been sued. The petitioner .... claims that he may be the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:
Date:
Time:
Room:
