AB133-ASA1,1407,20 757.05 (title) Penalty assessment.

AB133-ASA1, s. 3050n Section 3050n. 757.05 (2) (title) of the statutes is created to read:

AB133-ASA1,1407,22 757.05 (2) (title) Use of penalty assessment moneys.

AB133-ASA1, s. 3050o Section 3050o. 757.05 (2) (b) of the statutes is created to read:

AB133-ASA1,1408,2 757.05 (2) (b) Other purposes. The moneys collected from penalty assessments under sub. (1) that remain after crediting the appropriation account specified in par. (a) shall be credited to the appropriation account under s. 20.505 (6) (j) and transferred as provided under s. 20.505 (6) (j).

AB133-ASA1, s. 3050p Section 3050p. 758.19 (4) of the statutes is amended to read:

AB133-ASA1,1408,15 758.19 (4) The director of state courts may develop, promote, coordinate and implement circuit court automated information systems that are compatible among counties using the moneys appropriated under s. 20.680 (2) (j) and (kp). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use.

AB133-ASA1, s. 3050q Section 3050q. 758.19 (4) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,1409,4 758.19 (4) The director of state courts may develop, promote, coordinate and implement circuit court automated information systems that are compatible among counties using the moneys appropriated under s. 20.680 (2) (j) and (kp). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use.

AB133-ASA1, s. 3052 Section 3052. 767.078 (1) (b) (intro.) of the statutes is amended to read:

AB133-ASA1,1409,8 767.078 (1) (b) (intro.) Except as provided in par. (c) or (d), in a case involving a dependent child, if the child's parent who is absent from the home is not employed, the court shall order that parent to do one or more of the following:

AB133-ASA1, s. 3053 Section 3053. 767.078 (1) (c) of the statutes is amended to read:

AB133-ASA1,1409,11 767.078 (1) (c) An order is not required under par. (b) or (d) if the court makes written findings that there is good cause for not issuing the order.

AB133-ASA1, s. 3054 Section 3054. 767.078 (1) (d) of the statutes is repealed.

AB133-ASA1, s. 3055 Section 3055. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act 191, section 411, is amended to read:

AB133-ASA1,1410,5 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or, for maintenance payments under s. 767.02 (1) (g) or for the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB133-ASA1, s. 3056 Section 3056. 767.265 (1m) of the statutes is created to read:

AB133-ASA1,1410,11 767.265 (1m) If a party's current obligation to pay maintenance, child support, spousal support or family support terminates but the party has an arrearage in the payment of one or more of those payments, the assignment shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

AB133-ASA1, s. 3057 Section 3057. 767.265 (1m) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,1410,19 767.265 (1m) If a party's current obligation to pay maintenance, child support, spousal support or, family support or the annual receiving and disbursing fee terminates but the party has an arrearage in the payment of one or more of those payments, the assignment shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

AB133-ASA1, s. 3058 Section 3058. 767.265 (2h) of the statutes is amended to read:

AB133-ASA1,1411,13 767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or family support payment within 10 days after its due date, within 20 days after the payment's due date the court or, family court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

AB133-ASA1, s. 3059 Section 3059 . 767.265 (2h) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1,1412,8 767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or, family support or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, family court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

AB133-ASA1, s. 3060 Section 3060. 767.265 (2m) of the statutes is created to read:

AB133-ASA1,1412,13 767.265 (2m) (a) 1. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 1m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee.

AB133-ASA1,1412,18 2. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 2m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court to whom the fees are owed, or to his or her successor.

AB133-ASA1,1413,6 (b) The county child support agency under s. 59.53 (5) may cause an assignment under par. (a) to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a family court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.

AB133-ASA1, s. 3061 Section 3061. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191, section 414, is amended to read: