AB50: Bill Text

AB50,1521,16 STATE OF WISCONSIN   )

AB50,1521,17 )   ss.

AB50,1521,18 .... County   )

AB50,1521,21 Personally came before me this .... day of ...., .... (year) the above named .... to me known to be the person who executed the foregoing instrument and acknowledge the same.

AB50,1521,22 *....

AB50,1521,23 Notary Public ...., .... County, Wisconsin.

AB50,1522,1 My Commission is permanent.

AB50,1522,2 (If not, state expiration date: ...., .... (year))

AB50,1522,3 (Signatures may be authenticated or

AB50,1522,4 acknowledged. Both are not necessary.)

AB50,1522,5 *Names of persons signing in any capacity should

AB50,1522,6 be typed or printed below their signatures.

AB50,1522,7 Termination of

AB50,1522,8 Statutory terminable individual

AB50,1522,9 Property classification agreement

AB50,1522,10 I UNDERSTAND THAT:

AB50,1522,13 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.

AB50,1522,18 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.

AB50,1522,21 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB50,1523,2 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.

AB50,1523,3 Signature: ....

AB50,1523,4 Date: ....

AB50,1523,5 Print Name Here: ....

AB50,1523,6 Residence Address: ....

AB50,1523,7 Schedule “A”

AB50,1523,8 Financial Disclosure

AB50,1523,12 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.

AB50,1523,13 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

AB50,1523,14 I.   Assets:

AB50,1523,15 A.   Real estate (gross value)

AB50,1523,16 B.   Stocks, bonds and mutual funds

AB50,1523,18 C.   Accounts at and certificates and other instruments issued by financial institutions

AB50,1523,20 D.   Mortgages, land contracts, promissory notes and cash

AB50,1523,21 E.   Partnership interests

AB50,1523,22 EL.   Limited liability company interests

AB50,1523,23 F.   Trust interests

AB50,1524,1 G.   Livestock, farm products, crops

AB50,1524,2 H.   Automobiles and other vehicles

AB50,1524,3 I.   Jewelry and personal effects

AB50,1524,4 J.   Household furnishings

AB50,1524,5 K.   Life insurance and annuities:

AB50,1524,6 1.   Face value

AB50,1524,7 2.   Cash surrender value

AB50,1524,8 L.   Retirement benefits (include value):

AB50,1524,9 1.   Pension plans

AB50,1524,10 2.   Profit sharing plans

AB50,1524,11 3.   HR-10 KEOGH plans

AB50,1524,12 4.   IRAs

AB50,1524,13 5.   Deferred compensation plans

AB50,1524,14 M.   Other assets not listed elsewhere

AB50,1524,15 II.   Obligations (total outstanding balance):

AB50,1524,16 A.   Mortgages and liens

AB50,1524,17 B.   Credit cards

AB50,1524,18 C.   Other obligations to financial institutions

AB50,1524,20 D.   Alimony, maintenance and child support (per month)

AB50,1524,22 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

AB50,1524,23 III.   Annual compensation for services:

AB50,1525,2 (for example, wages and income from self- employment; also include social security,

AB50,1525,3 disability and similar income here)

AB50,1525,4 (IF YOU NEED ADDITIONAL SPACE,

AB50,1525,5 ADD ADDITIONAL SHEETS.)

AB50,3035 Section 3035. 767.001 (1) (m) of the statutes is amended to read:

AB50,1525,11 767.001 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50,3036 Section 3036. 767.215 (2) (b) of the statutes is amended to read:

AB50,1525,15 767.215 (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.

AB50,3037 Section 3037. 767.215 (5) (a) 2. of the statutes is amended to read:

AB50,1525,19 767.215 (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.

AB50,3038 Section 3038. 767.323 of the statutes is amended to read:

AB50,1526,10 767.323 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.

AB50,3039 Section 3039. 767.511 (1m) (hm) of the statutes is amended to read:

AB50,1526,18 767.511 (1m) (hm) The best interests of the child, including, with respect to a child placed with an out-of-home care provider under ch. 48 or 938, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child’s family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.

AB50,3040 Section 3040. 767.521 (intro.) of the statutes is amended to read:

AB50,1527,2 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

AB50,3041 Section 3041. 767.55 (3) (a) 2. of the statutes is amended to read:

AB50,1527,5 767.55 (3) (a) 2. The child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

AB50,3042 Section 3042. 767.57 (1m) (c) of the statutes is amended to read:

AB50,1527,10 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 48.645 (3) or 49.19 (4) (h) 1. b. of the party’s right to the support or maintenance money.

AB50,3043 Section 3043. 767.57 (2) of the statutes is amended to read:

AB50,1528,7 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party’s right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49 or that a kinship care provider or long-term kinship care provider of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

AB50,3044 Section 3044. 767.57 (4) of the statutes is amended to read:

AB50,1528,16 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

AB50,3045 Section 3045. 767.59 (1) of the statutes is amended to read:

AB50,1529,2 767.59 (1) Definition. In this section, “support or maintenance order” means a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7), or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for maintenance payments under s. 767.56, for family support payments under s. 767.531, 2019 stats., or for the appointment of trustees or receivers under s. 767.57 (5).

AB50,3046 Section 3046. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

AB50,1529,9 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

AB50,3047 Section 3047. 767.59 (2) (c) of the statutes is amended to read:

AB50,1529,16 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., the court shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.

AB50,3048 Section 3048. 767.77 (1) of the statutes is amended to read:

AB50,1530,4 767.77 (1) Definition. In this section, “payment obligation” means an obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., support or maintenance under s. 767.501, child support or maintenance under s. 767.225, child support under s. 767.511, maintenance under s. 767.56, family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., attorney fees under s. 767.241, child support or a child’s health care expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal support under s. 948.22 (7).