AB314: Bill Text

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:

AB314,256 Section 256. 767.804 (4) (a) 2. of the statutes is amended to read:

AB314,117,3 767.804 (4) (a) 2. That, after the inducement ceased to operate, he or she the party did not unreasonably delay in commencing the action.

AB314,257 Section 257. 767.805 (2) (b) of the statutes is amended to read:

AB314,117,9 767.805 (2) (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.

AB314,258 Section 258. 767.805 (4) (d) of the statutes is amended to read:

AB314,117,19 767.805 (4) (d) 1. An order establishing the amount of the father’s the 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.

AB314,117,23 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.

AB314,259 Section 259. 767.805 (5) (b) of the statutes is amended to read:

AB314,118,8 767.805 (5) (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 parentage action may thereafter be brought against the male person with respect to the child.

AB314,260 Section 260. 767.813 (5) (a), (b) and (c) of the statutes are amended to read:

AB314,118,10 767.813 (5) (a) Mother Parent as petitioner.

AB314,118,11 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

AB314,118,12

AB314,118,13 In re the Paternity Parentage of A. B.

AB314,118,14 STATE OF WISCONSIN

AB314,118,15 and

AB314,118,16 C. D. (Mother Parent-Petitioner)

AB314,118,17 Address

AB314,118,18 City, State Zip Code File No. ...

AB314,118,19 , Petitioners

AB314,118,20 vs. S U M M O N S

AB314,118,21 E. F.

AB314,118,22 Address   .... (Case Classification Type):.... (Code No.)

AB314,118,23 City, State Zip Code

AB314,119,1 , Respondent

AB314,119,2

AB314,119,3 THE STATE OF WISCONSIN, To the Respondent:

AB314,119,6 1. You have been sued. .... claims that you are the father parent of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity parentage. Your court appearance is:

AB314,119,7 Date:    

AB314,119,8 Time:    

AB314,119,9 Room:    

AB314,119,10 Judge or Circuit Court Commissioner:    

AB314,119,11 Address:    

AB314,119,13 2. If you do not appear, the court will enter a default judgment finding you to be the father parent.

AB314,119,18 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 parent and the probability of your being the father parent is less than 99.0 percent.

AB314,119,21 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.

AB314,120,2 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 .....

AB314,120,3 Dated: ...., .... (year)

AB314,120,4 Signed:.... ....

AB314,120,5 G. H., Clerk of Circuit Court

AB314,120,6 or

AB314,120,7 Petitioner’s Attorney

AB314,120,8 State Bar No.: ....

AB314,120,9 Address: ....

AB314,120,10 City, State Zip Code: ....

AB314,120,11 Phone No.: ....

AB314,120,12 (b) Alleged father parent as petitioner.

AB314,120,13 STATE OF WISCONSIN,   CIRCUIT COURT: ....COUNTY

AB314,120,14

AB314,120,15 In re the Paternity Parentage of A. B.

AB314,120,16 C. D. (Alleged Father Parent-Petitioner)

AB314,120,17 Address

AB314,120,18 City, State Zip Code File No. ...

AB314,120,19 , Petitioners

AB314,120,20 vs. S U M M O N S

AB314,120,21 E. F.

AB314,120,22 Address   .... (Case Classification Type):.... (Code No.)

AB314,120,23 City, State Zip Code

AB314,121,1 , Respondent

AB314,121,2

AB314,121,3 THE STATE OF WISCONSIN, To the Respondent:

AB314,121,6 1. You have been sued. The petitioner .... claims that he may to be the father parent of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity parentage. Your court appearance is:

AB314,121,7 Date:    

AB314,121,8 Time:    

AB314,121,9 Room:    

AB314,121,10 Judge or Circuit Court Commissioner:    

AB314,121,11 Address:    

AB314,121,14 2. If you do not appear, the court will enter a default judgment finding the petitioner .... to be the father parent. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above.

AB314,121,17 3. The .... County Clerk of Circuit Court is an equal opportunity service provider. If you need assistance to access services in the court or need material in an alternate format, please call .... .

AB314,121,18 Dated: ...., .... (year)

AB314,121,19 Signed:.... ....

AB314,121,20 G. H., Clerk of Circuit Court