AB314: Bill Text

AB314,105,18 F.   Trust interests

AB314,105,19 G.   Livestock, farm products, crops

AB314,105,20 H.   Automobiles and other vehicles

AB314,105,21 I.   Jewelry and personal effects

AB314,105,22 J.   Household furnishings

AB314,105,23 K.   Life insurance and annuities:

AB314,106,1 1.   Face value

AB314,106,2 2.   Cash surrender value

AB314,106,3 L.   Retirement benefits (include value):

AB314,106,4 1.   Pension plans

AB314,106,5 2.   Profit sharing plans

AB314,106,6 3.   HR-10 KEOGH plans

AB314,106,7 4.   IRAs

AB314,106,8 5.   Deferred compensation plans

AB314,106,9 M.   Other assets not listed elsewhere

AB314,106,10 II.   Obligations (total outstanding balance):

AB314,106,11 A.   Mortgages and liens

AB314,106,12 B.   Credit cards

AB314,106,13 C.   Other obligations to financial institutions

AB314,106,15 D.   Alimony, maintenance and child support (per month)

AB314,106,17 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

AB314,106,18 III.   Annual compensation for services:

AB314,106,20 (for example, wages and income from self- employment; also include social security,

AB314,106,21 disability and similar income here)

AB314,106,22 (IF YOU NEED ADDITIONAL SPACE,

AB314,106,23 ADD ADDITIONAL SHEETS.)

AB314,231 Section 231. 767.001 (1m) of the statutes is amended to read:

AB314,107,5 767.001 (1m) “Genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity parent’s parentage.

AB314,232 Section 232. 767.215 (2) (b) of the statutes is amended to read:

AB314,107,9 767.215 (2) (b) The name and birthdate of each minor child of the parties and each any other child children born to the wife either of the parties during the marriage, and whether the wife either party is pregnant.

AB314,233 Section 233. 767.215 (5) (a) 2. of the statutes is amended to read:

AB314,107,13 767.215 (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.

AB314,234 Section 234. 767.323 of the statutes is amended to read:

AB314,108,5 767.323 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.

AB314,235 Section 235. 767.43 (3) (b) and (4) of the statutes are amended to read:

AB314,108,10 767.43 (3) (b) Except as provided in sub. (4), the paternity parentage of the child has been determined under the laws of this state or another jurisdiction if the grandparent filing the petition is a parent of the child’s father parent who did not give birth to the child.

AB314,108,17 (4) Paternity Parentage determination. If the paternity parentage of the child has not yet been determined in an action under sub. (3) that is commenced by a person other than a parent of the child’s mother parent who gave birth to the child but the person filing the petition under sub. (3) has, in conjunction with that petition, filed a petition or motion under s. 767.80 (1) (k), the court shall make a determination as to paternity parentage before determining visitation rights under sub. (3).

AB314,236 Section 236. Subchapter IX (title) of chapter 767 [precedes 767.80] of the statutes is repealed and recreated to read:

AB314,108,20 CHAPTER 767

AB314,108,22 SUBCHAPTER IX PARENTAGE

AB314,237 Section 237. 767.80 (1) (b) of the statutes is repealed and recreated to read:

AB314,109,1 767.80 (1) (b) The person who gave birth to the child.

AB314,238 Section 238. 767.80 (1) (c) of the statutes is amended to read:

AB314,109,4 767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male person presumed to be the child’s father parent under s. 891.405, 891.407, or 891.41 (1).

AB314,239 Section 239. 767.80 (1) (d) of the statutes is amended to read:

AB314,109,7 767.80 (1) (d) A male person alleged or alleging himself to be the father parent of the child.

AB314,240 Section 240. 767.80 (1) (k) of the statutes is amended to read:

AB314,109,14 767.80 (1) (k) In conjunction with the filing of a petition for visitation with respect to the child under s. 767.43 (3), a parent of a person who has filed a declaration of paternal parental interest under s. 48.025 with respect to the child or a parent of a person who, before April 1, 1998, signed and filed a statement acknowledging paternity parentage under s. 69.15 (3) (b) 3. with respect to the child.

AB314,241 Section 241. 767.80 (1m) of the statutes is amended to read:

AB314,109,19 767.80 (1m) Venue. An action under this section may be brought in the county in which the child or the alleged father parent resides or is found or, if the father alleged parent is deceased, in which proceedings for probate of his the alleged parent’s estate have been or could be commenced.

AB314,242 Section 242. 767.80 (2) of the statutes is amended to read:

AB314,110,6 767.80 (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 person who gave birth to the 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.

AB314,243 Section 243. 767.80 (5) (a) and (b) of the statutes are amended to read:

AB314,110,11 767.80 (5) (a) In this subsection, “any alleged father” parent” includes any male person who has engaged in sexual intercourse with the child’s mother during a possible time of person who gave birth to the child that may have resulted in the conception of the child.

AB314,111,2 (b) An A parentage action under this section may be joined with any other action for child support and is governed by the procedures specified in s. 767.205 relating to child support, except that the title of the action shall be “In re the paternity parentage of A.B.” The petition shall state the name and date of birth of the child if born or that the mother person is pregnant if the child is unborn, the name of any alleged father parent or presumed parent, whether or not an action by any of the parties to determine the paternity parentage of the child or rebut the presumption of paternity parentage to the child has at any time been commenced, or is pending before any court, in this state or elsewhere. If a paternity parentage judgment has been rendered, or if a paternity parentage action has been dismissed, the petition shall state the court that rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party’s right to request a genetic test under s. 49.225 or 767.84.

AB314,244 Section 244. 767.80 (5m) of the statutes is amended to read:

AB314,111,23 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss. 767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male person is presumed the child’s father parent under s. 891.41 (1), is adjudicated the child’s father parent either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, is conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or has voluntarily acknowledged himself to be the child’s father parentage under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male person is adjudicated the father parent using the procedure set forth in this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804, 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male person who is not presumed the child’s father parent under s. 891.41 (1), adjudicated the father parent, conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father parent is by an action under this subchapter, except s. 767.804 or 767.805, or under s. 769.402. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity parentage has the burden of rebutting the presumption.

AB314,245 Section 245. 767.80 (6m) of the statutes is amended to read:

AB314,112,9 767.80 (6m) When action must be commenced. The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father only one parent is named on the birth record of a child who is a resident of the county if paternity parentage has not been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 (1) or a substantially similar law of another state, or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

AB314,246 Section 246. 767.80 (6r) (a) 1., 2. c. and 3. of the statutes are amended to read:

AB314,112,16 767.80 (6r) (a) 1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a), including priority in determining whether an action should be brought under this section and, if the determination is that such an action should be brought, priority in bringing the action and in establishing the existence or nonexistence of paternity parentage.

AB314,112,18 2. c. That the male person designated in s. 48.299 (6) (a) or 938.299 (6) (a) has previously been excluded as the father parent of the child.

AB314,112,21 3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity parentage.

AB314,247 Section 247. 767.803 of the statutes is amended to read:

AB314,113,10 767.803 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.

AB314,248 Section 248. 767.804 (1) (title) of the statutes is amended to read:

AB314,113,12 767.804 (1) (title) Conclusive determination of paternity parentage.

AB314,249 Section 249. 767.804 (1) (a) (intro.), 1., 3. and 4. of the statutes are amended to read:

AB314,113,20 767.804 (1) (a) (intro.) If genetic tests have been performed with respect to a child, the child’s mother person who gave birth to the child, and a male person alleged, or alleging himself, to be the child’s father other parent, the test results constitute a conclusive determination of paternity parentage, effective on the date on which the report under par. (c) is submitted to the state registrar, which has the same effect as a judgment of paternity parentage, if all of the following apply:

AB314,113,22 1. Both the child’s mother person who gave birth to the child and the male alleged parent are over the age of 18 years.

AB314,114,2 3. The test results show that the male alleged parent is not excluded as the father parent and that the statistical probability of the male’s alleged parent’s parentage is 99.0 percent or higher.

AB314,114,4 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB314,250 Section 250. 767.804 (1) (b) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB314,114,14 767.804 (1) (b) (intro.) When the county child support agency under s. 59.53 (5) receives genetic test results described in par. (a) 3. and the requirements under par. (a) are satisfied, the county child support agency shall send notice to the mother person who gave birth to the child and male the alleged parent by regular mail at their last-known addresses. The notice must be sent at least 15 days in advance of the date on which the county child support agency intends to file the report under par. (c) and shall advise the mother person who gave birth to the child and male the alleged parent of all of the following:

AB314,114,17 2. That the report under par. (c) will be filed with the state registrar if neither the mother person who gave birth to the child nor the male alleged parent timely objects under subd. 4., and the date on which the report will be filed.

AB314,114,20 3. That an action affecting the family concerning custody, child support, or physical placement rights may be brought with respect to the mother person who gave birth to the child and male the alleged parent.

AB314,115,3 4. That the mother person who gave birth to the child or the male alleged parent, or both, may object to the test results by submitting an objection in writing to the county child support agency no later than the day before the date specified in subd. 2., and that, if either the mother person who gave birth to the child or the male alleged parent timely submits an objection, the state will commence a paternity parentage action.

AB314,251 Section 251. 767.804 (1) (c) 1. and 2. of the statutes are amended to read:

AB314,115,12 767.804 (1) (c) 1. If neither the mother person who gave birth to the child nor the male alleged parent timely submits an objection under par. (b) 4., the county child support agency shall file with the state registrar a report showing the names, dates, and birth places of the child and the father alleged parent, the social security numbers of the mother, father, person who gave birth to the child, the alleged parent, and the child, and the maiden full birth name of the mother person who gave birth on a form prescribed by the state registrar, along with the fee set forth in s. 69.22 (5), if any, which the county child support agency shall collect.

AB314,115,16 2. The department shall pay, and may not require the county or county child support agency to reimburse the department, for the cost of a fee for inserting the father’s a parent’s name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support agency is unable to collect the fee.

AB314,252 Section 252. 767.804 (1) (d) of the statutes is amended to read:

AB314,115,22 767.804 (1) (d) If either the mother person who gave birth or the male alleged parent timely submits an objection under par. (b) 4., the county child support agency shall commence an action under s. 767.80 (1) on behalf of the state. The genetic test results described in par. (a) are admissible in an action commenced under this paragraph.

AB314,253 Section 253. 767.804 (2) of the statutes is amended to read:

AB314,116,7 767.804 (2) Actions. Unless sub. (1) (d) applies, an action affecting the family concerning custody, child support, or physical placement rights may be brought under this subsection with respect to a child’s mother and a male any person who, along with the child, were was the subjects subject of a genetic tests test, the results of which constitute a conclusive determination of paternity parentage under sub. (1). Except as provided in s. 767.407, in an action under this subsection the court may appoint a guardian ad litem for the child.

AB314,254 Section 254. 767.804 (3) (d) 1. and 2. of the statutes are amended to read:

AB314,116,16 767.804 (3) (d) 1. An order establishing the amount of the father’s adjudicated parent’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth childbirth. 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 adjudicated parent’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 adjudicated parent’s ability to pay or contribute to those expenses.

AB314,116,20 2. If the order does not require periodic payments because the father adjudicated 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 adjudicated parent has the ability to pay at that time.

AB314,255 Section 255. 767.804 (4) (a) 1. (intro.) of the statutes is amended to read:

AB314,116,23 767.804 (4) (a) 1. (intro.) That he or she the party was induced to delay commencing the action by any of the following: