SB566: Bill Text

SB566,57,17 *Names of persons signing in any capacity should

SB566,57,18 be typed or printed below their signatures.

SB566,57,19 Termination of

SB566,57,20 Statutory terminable individual

SB566,57,21 Property classification agreement

SB566,57,22 I UNDERSTAND THAT:

SB566,57,25 1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589 (4) OF THE WISCONSIN STATUTES.

SB566,58,5 2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL PROPERTY LAW.

SB566,58,8 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB566,58,11 The undersigned terminates the statutory terminable individual property classification agreement entered into by me and my spouse on .... (date last spouse signed the agreement) under section 766.589 of the Wisconsin Statutes.

SB566,58,12 Signature: ....

SB566,58,13 Date: ....

SB566,58,14 Print Name Here: ....

SB566,58,15 Residence Address: ....

SB566,58,16 Schedule “A"

SB566,58,17 Financial Disclosure

SB566,58,21 The following general categories of assets and liabilities are not all inclusive and if other assets or liabilities exist they should be listed. Assets should be listed according to which spouse has title (including assets owned by a spouse or the spouses with one or more third parties) and at their approximate market value.

SB566,58,22 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

SB566,58,23 I.   Assets:

SB566,58,24 A.   Real estate (gross value)

SB566,58,25 B.   Stocks, bonds and mutual funds

SB566,59,2 C.   Accounts at and certificates and other instruments issued by financial institutions

SB566,59,4 D.   Mortgages, land contracts, promissory notes and cash

SB566,59,5 E.   Partnership interests

SB566,59,6 EL.   Limited liability company interests

SB566,59,7 F.   Trust interests

SB566,59,8 G.   Livestock, farm products, crops

SB566,59,9 H.   Automobiles and other vehicles

SB566,59,10 I.   Jewelry and personal effects

SB566,59,11 J.   Household furnishings

SB566,59,12 K.   Life insurance and annuities:

SB566,59,13 1.   Face value

SB566,59,14 2.   Cash surrender value

SB566,59,15 L.   Retirement benefits (include value):

SB566,59,16 1.   Pension plans

SB566,59,17 2.   Profit sharing plans

SB566,59,18 3.   HR-10 KEOGH plans

SB566,59,19 4.   IRAs

SB566,59,20 5.   Deferred compensation plans

SB566,59,21 M.   Other assets not listed elsewhere

SB566,59,22 II.   Obligations (total outstanding balance):

SB566,59,23 A.   Mortgages and liens

SB566,59,24 B.   Credit cards

SB566,59,25 C.   Other obligations to financial institutions

SB566,60,2 D.   Alimony, maintenance and child support (per month)

SB566,60,5 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

SB566,60,6 III.   Annual compensation for services:

SB566,60,8 (for example, wages and income from self-employment; also include social security,

SB566,60,9 disability and similar income here)

SB566,60,10 (IF YOU NEED ADDITIONAL SPACE,

SB566,60,11 ADD ADDITIONAL SHEETS.)

SB566,138 Section 138 . 767.215 (2) (b) of the statutes is amended to read:

SB566,60,15 767.215 (2) (b) The name and birthdate of each minor child of the parties and each other child born to the wife a party during the marriage, and whether the wife a party is pregnant.

SB566,139 Section 139 . 767.215 (5) (a) 2. of the statutes is amended to read:

SB566,60,19 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife a party during the marriage and who is a minor.

SB566,140 Section 140 . 767.323 of the statutes is amended to read:

SB566,61,9 767.323 Suspension of proceedings to effect reconciliation. During the pendency of an action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the suspension period, the parties may resume living together as husband and wife a married couple and their acts and conduct do not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action. Suspension may be revoked upon the motion of either party by an order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

SB566,141 Section 141 . 767.80 (1) (intro.) of the statutes is amended to read:

SB566,61,14 767.80 (1) Who may bring action or file motion. (intro.) The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child or for the purpose of rebutting the presumption of paternity parentage under s. 891.405 or 891.41 (1):

SB566,142 Section 142 . 767.80 (1) (c) of the statutes is amended to read:

SB566,61,17 767.80 (1) (c) Unless s. 767.805 (1) applies, a male person presumed to be the child's father parent under s. 891.405 or 891.41 (1).

SB566,143 Section 143 . 767.80 (2) of the statutes is amended to read:

SB566,62,2 767.80 (2) Certain agreements not a bar to action. Regardless of its terms, an agreement made after July 1, 1981, other than an agreement approved by the court between an alleged or presumed father parent and the mother or child, does not bar an action under this section. Whenever the court approves an agreement in which one of the parties agrees not to commence an action under this section, the court shall first determine whether or not the agreement is in the best interest of the child. The court shall not approve any provision waiving the right to bring an action under this section if this provision is contrary to the best interests of the child.

SB566,144 Section 144 . 767.803 of the statutes is amended to read:

SB566,62,13 767.803 Determination of marital children. If the father and mother natural parents of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother parent who gave birth were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.

SB566,145 Section 145 . 767.805 (1), (1m), (2), (3) (title) and (a), (4) (intro.) and (d), (5) and (6) (a) (intro.) of the statutes are amended to read:

SB566,62,20 767.805 (1) Conclusive determination of paternity parentage . A statement acknowledging paternity parentage that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity.

SB566,62,22 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity parentage.

SB566,63,2 (2) Rescission of acknowledgment. (a) A statement acknowledging paternity parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

SB566,63,7 (b) If a statement acknowledging paternity parentage is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male person who signed the statement as the father parent of the child unless the male person is adjudicated the child's father parent using the procedures set forth in this subchapter, except for this section.

SB566,63,13 (3) (title) Actions when paternity parentage acknowledged. (a) Unless the statement acknowledging paternity parentage has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity parentage.

SB566,63,17 (4) Orders when paternity parentage acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents parentage of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:

SB566,64,2 (d) 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 childbirth by the parent who did not give 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 parent who did not give birth has an income that 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 parent's ability to pay or contribute to those expenses.

SB566,64,6 2. If the order does not require periodic payments because the father parent 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 parent has the ability to pay at that time.

SB566,64,11 (5) Voiding determination. (a) A determination of paternity parentage 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.

SB566,64,18 (b) If a court in a proceeding under par. (a) determines that the male person is not the father parent of the child, the court shall vacate any order entered under sub. (4) with respect to the male person. 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 person's name as the father parent of the child from the child's birth record. No paternity action may thereafter be brought against the male person with respect to the child.

SB566,64,20 (6) (a) (intro.) This section does not apply unless all of the following apply to the statement acknowledging paternity parentage:

SB566,146 Section 146 . 767.855 of the statutes is amended to read:

SB566,65,4 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem or the child's mother if she is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to order genetic tests, if genetic tests have not yet been taken, and dismiss the action if the court or supplemental court commissioner determines that a judicial determination of whether the male is the father of the child is not in the best interest of the child.

SB566,147 Section 147. 767.863 (1m) of the statutes is amended to read:

SB566,65,16 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

SB566,148 Section 148 . 767.87 (1m) (intro.) of the statutes is amended to read:

SB566,65,22 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the mother, at the earliest possible of the following:

SB566,149 Section 149 . 767.87 (8) of the statutes is amended to read:

SB566,66,3 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or the nonexistence of parentage presumed under s. 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

SB566,150 Section 150. 767.87 (9) of the statutes is amended to read:

SB566,66,8 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB566,151 Section 151. 767.883 (1) of the statutes is amended to read:

SB566,67,5 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.