SB123,121,2419
767.59
(1k) Maintenance: change in cost of living. In an action under this
20section to revise maintenance payments, a substantial change in the cost of living for
21either party or as measured by the federal bureau of labor statistics may be sufficient
22to support a revision of the amount of maintenance, except that a change in an
23obligor's cost of living is not by itself sufficient if payments are expressed as a
24percentage of income.
Note: Restates the last sentence of current s. 767.32 (1) (a).
SB123, s. 228
1Section
228. 767.59 (2) (title) of the statutes is created to read:
SB123,122,22
767.59
(2) (title)
Percentage standard required; exceptions.
SB123, s. 229
3Section
229. 767.60 of the statutes is renumbered 767.803 and amended to
4read:
SB123,122,16
5767.803 Determination of marital children. In any case where If the father
6and mother of
any a nonmarital child
shall enter into a lawful marriage or a marriage
7which appears and they believe is lawful, except where the parental rights of the
8mother were terminated
prior thereto, that before either of these circumstances, the 9child
shall thereby become becomes a marital child,
shall be is entitled to a change
10in birth certificate under s. 69.15 (3) (b)
, and shall enjoy all
of the rights and
11privileges of a marital child as if he or she had been born during the marriage of the
12parents
; and this. This section
shall be taken to apply applies to all cases
prior to 13before, on, or after its
effective date,
as well as those subsequent thereto but no estate
14already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05.
15The
issue children of all marriages declared void under the law
shall, nevertheless,
16be are nevertheless marital
issue
children.
SB123, s. 230
17Section
230. Subchapter VII (title) of chapter 767 [precedes 767.61] of the
18statutes is created to read:
SB123,122,1919
chapter 767
SB123,122,2120
subchapter viI
21
property division
SB123, s. 231
22Section
231. 767.61 (2) (title) and (3) (title) of the statutes are created to read:
SB123,122,2323
767.61
(2) (title)
Property subject to division.
SB123,122,24
24(3) (title)
Presumption of equal division.
SB123, s. 232
25Section
232
. 767.61 (4), (5) and (6) of the statutes are created to read:
SB123,123,5
1767.61
(4) Separate fund or trust option. In dividing the property of the
2parties under this section, the court may protect and promote the best interests of
3a child of the parties described under s. 767.511 (4) by setting aside a portion of the
4property in a separate fund or trust for the support, maintenance, education, and
5general welfare of the child.
SB123,123,7
6(5) Related provisions of judgment. In a judgment described under sub. (1),
7the court shall do all of the following:
SB123,123,98
(a) Direct that title to the property of the parties be transferred as necessary,
9in accordance with the division of property set forth in the judgment.
SB123,123,1010
(b) Include all of the following in the judgment:
SB123,123,1411
1. Notification that it may be necessary for the parties to take additional
12actions in order to transfer interests in their property in accordance with the division
13of property set forth in the judgment, including such interests as interests in real
14property, interests in retirement benefits, and contractual interests.
SB123,123,1715
2. Notification that the judgment does not necessarily affect the ability of a
16creditor to proceed against a party or against that party's property even though the
17party is not responsible for the debt under the terms of the judgment.
SB123,123,2018
3. Notification that an instrument executed by a party before the judgment
19naming the other party as a beneficiary is not necessarily affected by the judgment
20and it may be necessary to revise the instrument if a change in beneficiary is desired.
SB123,123,24
21(6) Recording judgment affecting real property sufficient. A certified copy
22of the portion of the judgment affecting title to real property, or a deed consistent with
23the judgment, shall be recorded in the office of the register of deeds of the county in
24which the real property is located.
Note: 1. Subsection (4) restates the last sentence of current s. 767.255 (1), stats.
See Sec. 109 of this bill. The current provision only refers to a "minor child". However,
the obligation for child support extends to 18 year olds who are in high school or its
equivalent (current s. 767.25 (4), stats.). Therefore, the separate trust or fund option is
extended to cover that situation as well as minor children.
2. Subsection (5) (a) is intended to replace current language in s. 767.255 (1), stats.,
requiring the court when dividing property to "divest and transfer the title of any such
property accordingly". The revised language, more accurately reflecting current practice,
requires the court to direct that title to be transferred as necessary, in accordance with
the property division.
3. Subsection (5) (b) is new. It is intended to alert parties that additional action
on their part may be necessary in order to implement the provisions of the judgment, that
a property division judgment generally is not binding on creditors, and that additional
action may be necessary to change prior beneficiary designations.
4. Subsection (6) clarifies that a deed consistent with the judgment may be
recorded in lieu of the judgment. It replaces the following provision in current s. 767.255
(1), stats.: "A certified copy of the portion of the judgment that affects title to real estate
shall be recorded in the office of the register of deeds of the county in which the lands so
affected are situated.".
SB123, s. 233
1Section
233. 767.62 of the statutes is renumbered 767.805, and 767.805 (2) (b),
2(3) (b), (4) (intro.), (a) and (b), (5) (b) and (6) (b), as renumbered, are amended to read:
SB123,124,73
767.805
(2) (b) If a statement acknowledging paternity is timely rescinded as
4provided in s. 69.15 (3m), a court
or circuit court commissioner may not enter an
5order specified in sub. (4) with respect to the
man
male who signed the statement as
6the father of the child unless the
man male is adjudicated the child's father using the
7procedures set forth in
ss. 767.45 to 767.60 this subchapter, except for this section.
SB123,124,11
8(3) (b) Except as provided in s.
767.045 767.407, in an action specified in par.
9(a) the court
or a circuit court commissioner may appoint a guardian ad litem for the
10child and shall appoint a guardian ad litem for a party who is a minor, unless the
11minor party is represented by an attorney.
SB123,124,15
12(4) Orders when paternity acknowledged. (intro.) In an action under sub. (3)
13(a), if the persons who signed and filed the statement acknowledging paternity as
14parents of the child had notice of the hearing, the court
or circuit court commissioner 15shall make an order that contains all of the following provisions: