This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB166,12,2420 767.511 (1) When ordered. (intro.) When the court approves a stipulation for
21child support under s. 767.34, enters a judgment of annulment, divorce, or legal
22separation, or enters an order or a judgment in a paternity action or in an action
23under s. 767.001 (1) (f) or (j), 767.501, 767.804 (2), or 767.805 (3), the court shall do
24all of the following:
AB166,21 25Section 21. 767.511 (5) of the statutes is amended to read:
AB166,13,3
1767.511 (5) Liability for past support. Subject to ss. 767.804 (4), 767.805 (4m),
2and 767.89 (4), liability for past support is limited to the period after the birth of the
3child.
AB166,22 4Section 22. 767.513 (2) of the statutes is amended to read:
AB166,13,225 767.513 (2) Responsibility and payment. In addition to ordering child support
6for a child under s. 767.511 (1), the court shall specifically assign responsibility for
7and direct the manner of payment of the child's health care expenses. In assigning
8responsibility for a child's health care expenses, the court shall consider whether a
9child is covered under a parent's health insurance policy or plan at the time the court
10approves a stipulation for child support under s. 767.34, enters a judgment of
11annulment, divorce, or legal separation, or enters an order or a judgment in a
12paternity action or in an action under s. 767.001 (1) (f) or (j), 767.501, 767.804 (2), or
13767.805 (3), the availability of health insurance to each parent through an employer
14or other organization, the extent of coverage available to a child, and the costs to the
15parent for the coverage of the child. A parent may be required to initiate or continue
16health care insurance coverage for a child under this section. If a parent is required
17to do so, he or she shall provide copies of necessary program or policy identification
18to the custodial parent and is liable for any health care costs for which he or she
19receives direct payment from an insurer. This section shall not be construed to limit
20the authority of the court to enter or modify support orders containing provisions for
21payment of medical expenses, medical costs, or insurance premiums that are in
22addition to and not inconsistent with this section.
AB166,23 23Section 23. 767.55 (1) of the statutes is amended to read:
AB166,14,324 767.55 (1) Generally. In an action for modification of a child support order
25under s. 767.59 or an action in which an order for child support is required under s.

1767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), the court may order either or both
2parents of the child to seek employment or participate in an employment or training
3program.
AB166,24 4Section 24. 767.55 (2) (am) (intro.) of the statutes is amended to read:
AB166,14,115 767.55 (2) (am) (intro.) In an action for modification of a child support order
6under s. 767.59, an action in which an order for child support is required under s.
7767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), or a contempt of court proceeding
8to enforce a child support or family support order in a county that contracts under
9s. 49.36 (2), the court may order a parent who is not a custodial parent to register for
10a work experience and job training program under s. 49.36 if all of the following
11conditions are met:
AB166,25 12Section 25. 767.55 (3) (a) 1. of the statutes is amended to read:
AB166,14,1513 767.55 (3) (a) 1. Is an action for modification of a child support order under s.
14767.59 or an action in which an order for child support is required under s. 767.511
15(1), 767.804 (3), 767.805 (4), or 767.89 (3).
AB166,26 16Section 26. 767.55 (3) (d) of the statutes is amended to read:
AB166,14,2117 767.55 (3) (d) Paragraph (b) does not limit the authority of a court to issue an
18order, other than an order under par. (b), regarding employment of a parent in an
19action for modification of a child support order under s. 767.59 or an action in which
20an order for child support is required under s. 767.511 (1), 767.804 (3), 767.805 (4),
21or 767.89 (3).
AB166,27 22Section 27. 767.55 (4) (b) (intro.) of the statutes is amended to read:
AB166,15,223 767.55 (4) (b) (intro.) In an action for revision of a judgment or order providing
24for child support under s. 767.59 or an action in which an order for child support is

1required under s. 767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), the court shall
2order an unemployed teenage parent to do one or more of the following:
AB166,28 3Section 28. 767.59 (2s) of the statutes is amended to read:
AB166,15,94 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c),
5the court may not approve a stipulation for the revision of a judgment or order with
6respect to an amount of child support or family support unless the stipulation
7provides for payment of an amount of child support or family support that is
8determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14),
9767.511, 767.804 (3), 767.805 (4), or 767.89, whichever is appropriate.
AB166,29 10Section 29. 767.73 (1) (a) of the statutes is amended to read:
AB166,15,1711 767.73 (1) (a) In this subsection, “support payment" means a payment ordered
12for support under s. 767.521, support under s. 767.501, child support or family
13support under s. 767.225, child support under s. 767.511, family support under s.
14767.531, revised child or family support under s. 767.59, or child support under s.
15767.863 (3), child support under s. 767.85, child support under s. 767.89, child
16support under s. 767.805 (4), child support under ch. 769, or child support under s.

17767.511, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, or 948.22 (7) or ch. 769.
AB166,30 18Section 30. 767.75 (1) (b) of the statutes is amended to read:
AB166,16,219 767.75 (1) (b) “Payment order" means an order for child support under this
20chapter, for maintenance payments under s. 767.225 or 767.56, for family support
21under this chapter, for costs ordered under s. 767.804 (3), 767.805 (4), or 767.89 (3),
22for support by a spouse under s. 767.001 (1) (f), or for maintenance payments under
23s. 767.001 (1) (g); an order for or obligation to pay the annual receiving and
24disbursing fee under s. 767.57 (1e) (a); an order for a revision in a judgment or order
25with respect to child support, maintenance, or family support payments under s.

1767.59; a stipulation approved by the court for child support under this chapter; and
2an order for child or spousal support entered under s. 948.22 (7).
AB166,31 3Section 31. 767.77 (1) of the statutes is amended to read:
AB166,16,124 767.77 (1) Definition. In this section, “payment obligation" means an
5obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363
6(2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), support
7or maintenance under s. 767.501, child support, family support, or maintenance
8under s. 767.225, child support under s. 767.511, maintenance under s. 767.56,
9family support under s. 767.531, attorney fees under s. 767.241, child support or a
10child's health care expenses under s. 767.85, paternity obligations under s. 767.804
11(3),
767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child
12or spousal support under s. 948.22 (7).
AB166,32 13Section 32. 767.78 (1) of the statutes is amended to read:
AB166,16,1814 767.78 (1) Definition. In this section, “financial obligation" means an
15obligation for payment incurred under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a),
1648.363 (2), 767.225, 767.241, 767.511, 767.531, 767.56, 767.61, 767.71, 767.804 (3),
17767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a),
18938.357 (5m) (a), or 938.363 (2).
AB166,33 19Section 33 . 767.80 (1) (intro.) of the statutes is amended to read:
AB166,16,2320 767.80 (1) Who may bring action or file motion. (intro.) The following persons
21may bring an action or file a motion, including an action or motion for declaratory
22judgment, for the purpose of determining the paternity of a child , or for the purpose
23of rebutting the presumption of paternity under s. 891.405, 891.407, or 891.41 (1):
AB166,34 24Section 34 . 767.80 (1) (c) of the statutes is amended to read:
AB166,17,2
1767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male presumed to
2be the child's father under s. 891.405, 891.407, or 891.41 (1).
AB166,35 3Section 35 . 767.80 (1) (hm) of the statutes is created to read:
AB166,17,44 767.80 (1) (hm) The state as provided under s. 767.804 (1) (d).
AB166,36 5Section 36 . 767.80 (5m) of the statutes is amended to read:
AB166,17,246 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
7767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
8male is presumed the child's father under s. 891.41 (1), is adjudicated the child's
9father either under s. 767.89 or by final order or judgment of a court of competent
10jurisdiction in another state, is conclusively determined to be the child's father from
11genetic test results under s. 767.804,
or has acknowledged himself to be the child's
12father under s. 767.805 (1) or a substantially similar law of another state, no order
13or temporary order may be entered for child support, legal custody, or physical
14placement until the male is adjudicated the father using the procedure set forth in
15this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804,
16767.805, 767.85, and 769.401, the exclusive procedure for establishment of child
17support obligations, legal custody, or physical placement rights for a male who is not
18presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
19determined to be the child's father from genetic test results under s. 767.804,
or
20acknowledged under s. 767.805 (1) or a substantially similar law of another state to
21be the father is by an action under this subchapter, except s. 767.804 or 767.805, or
22under s. 769.402. No person may waive the use of this procedure. If a presumption
23under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the
24presumption.
AB166,37 25Section 37 . 767.80 (6m) of the statutes is amended to read:
AB166,18,8
1767.80 (6m) When action must be commenced. The attorney designated under
2sub. (6) (a) shall commence an action under this section on behalf of the state within
36 months after receiving notification under s. 69.03 (15) that no father is named on
4the birth record of a child who is a resident of the county if paternity has not been
5conclusively determined from genetic test results under s. 767.804, acknowledged
6under s. 767.805 (1) or a substantially similar law of another state , or adjudicated,
7except in situations under s. 69.14 (1) (g) and (h) and as provided by the department
8by rule.
AB166,38 9Section 38. 767.804 of the statutes is created to read:
AB166,18,15 10767.804 Genetic test results. (1) Conclusive determination of paternity.
11(a) If genetic tests have been performed with respect to a child, the child's mother,
12and a male alleged, or alleging himself, to be the child's father, the test results
13constitute a conclusive determination of paternity, effective on the date on which the
14report under par. (c) is submitted to the state registrar, which has the same effect as
15a judgment of paternity, if all of the following apply:
AB166,18,1616 1. Both the child's mother and the male are over the age of 18 years.
AB166,18,1817 2. The genetic tests were required to be performed by a county child support
18agency under s. 59.53 (5) pursuant to s. 49.225.
AB166,18,2019 3. The test results show that the male is not excluded as the father and that
20the statistical probability of the male's parentage is 99.0 percent or higher.
AB166,18,2121 4. No other male is presumed to be the father under s. 891.405 or 891.41 (1).
AB166,19,222 (b) When the county child support agency under s. 59.53 (5) receives genetic
23test results described in par. (a) 3. and the requirements under par. (a) are satisfied,
24the county child support agency shall send notice to the mother and male by regular
25mail at their last-known addresses. The notice must be sent at least 15 days in

1advance of the date on which the county child support agency intends to file the
2report under par. (c) and shall advise the mother and male of all of the following:
AB166,19,33 1. The test results.
AB166,19,64 2. That the report under par. (c) will be filed with the state registrar if neither
5the mother nor the male timely objects under subd. 4., and the date on which the
6report will be filed.
AB166,19,87 3. That an action affecting the family concerning custody, child support, or
8physical placement rights may be brought with respect to the mother and male.
AB166,19,129 4. That the mother or the male, or both, may object to the test results by
10submitting an objection in writing to the county child support agency no later than
11the day before the date specified in subd. 2., and that, if either the mother or the male
12timely submits an objection, the state will commence a paternity action.
AB166,19,1813 (c) 1. If neither the mother nor the male timely submits an objection under par.
14(b) 4., the county child support agency shall file with the state registrar a report
15showing the names, dates, and birth places of the child and the father, the social
16security numbers of the mother, father, and child, and the maiden name of the
17mother on a form prescribed by the state registrar, along with the fee set forth in s.
1869.22 (5), if any, which the county child support agency shall collect.
AB166,19,2219 2. The department shall pay, and may not require the county or county child
20support agency to reimburse the department, for the cost of a fee for inserting the
21father's name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support
22agency is unable to collect the fee.
AB166,20,223 (d) If either the mother or the male timely submits an objection under par. (b)
244., the county child support agency shall commence an action under s. 767.80 (1) on

1behalf of the state. The genetic test results described in par. (a) are admissible in an
2action commenced under this paragraph.
AB166,20,8 3(2) Actions. Unless sub. (1) (d) applies, an action affecting the family
4concerning custody, child support, or physical placement rights may be brought
5under this subsection with respect to a child's mother and a male who, along with the
6child, were the subjects of genetic tests, the results of which constitute a conclusive
7determination of paternity under sub. (1). Except as provided in s. 767.407, in an
8action under this subsection the court may appoint a guardian ad litem for the child.
AB166,20,11 9(3) Orders. In an action under sub. (2), if the child's custodial and noncustodial
10parent had notice of the hearing, the court shall make an order that contains all of
11the following provisions:
AB166,20,1312 (a) Orders for the legal custody of and periods of physical placement with the
13child, determined in accordance with s. 767.41.
AB166,20,1814 (b) An order requiring either or both of the parents to contribute to the support
15of any child of the parties who is less than 18 years old, or any child of the parties who
16is less than 19 years old if the child is pursuing an accredited course of instruction
17leading to the acquisition of a high school diploma or its equivalent, determined in
18accordance with s. 767.511.
AB166,20,2119 (c) A determination as to which parent, if eligible, shall have the right to claim
20the child as an exemption for federal tax purposes under 26 USC 151 (c), or as an
21exemption for state tax purposes under s. 71.07 (8) (b).
AB166,21,322 (d) 1. An order establishing the amount of the father's obligation to pay or
23contribute to the reasonable expenses of the mother's pregnancy and the child's
24birth. The amount established may not exceed one-half of the total actual and
25reasonable pregnancy and birth expenses. The order also shall specify the court's

1findings as to whether the father's income is at or below the poverty line established
2under 42 USC 9902 (2), and shall specify whether periodic payments are due on the
3obligation, based on the father's ability to pay or contribute to those expenses.
AB166,21,74 2. If the order does not require periodic payments because the father has no
5present ability to pay or contribute to the expenses, the court may modify the
6judgment or order at a later date to require periodic payments if the father has the
7ability to pay at that time.
AB166,21,98 (e) An order requiring either or both parties to pay or contribute to the costs
9of guardian ad litem fees, if any, and other costs.
AB166,21,1110 (f) An order requiring either party to pay or contribute to the attorney fees of
11the other party.
AB166,21,14 12(3m) Change of child's name. (a) Upon the request of both parents, the court
13shall include in the order under sub. (3) an order changing the name of the child to
14a name agreed upon by the parents.
AB166,21,1815 (b) Except as provided in par. (a), the court may include an order changing the
16surname of the child to a surname that consists of the surnames of both parents
17separated by a hyphen or, if one or both parents have more than one surname, of one
18of the surnames of each parent separated by a hyphen, if all of the following apply:
AB166,21,2119 1. Only one parent requests that the child's name be changed, or both parents
20request that the child's name be changed but each parent requests a different name
21change.
AB166,21,2222 2. The court finds that such a name change is in the child's best interest.
AB166,21,2323 (c) Section 786.36 does not apply to a name change under this subsection.
AB166,22,3 24(4) Liability for past support. (a) Subject to par. (b), liability for past support
25of the child shall be limited to support for the period after the day on which the

1petition, motion, or order to show cause requesting support is filed in the action for
2support under sub. (2), unless a party shows, to the satisfaction of the court, all of the
3following:
AB166,22,54 1. That he or she was induced to delay commencing the action by any of the
5following:
AB166,22,66 a. Duress or threats.
AB166,22,87 b. Actions, promises, or representations by the other party upon which the
8party relied.
AB166,22,99 c. Actions taken by the other party to evade proceedings under sub. (2).
AB166,22,1110 2. That, after the inducement ceased to operate, he or she did not unreasonably
11delay in commencing the action.
AB166,22,1312 (b) In no event may liability for past support of the child be imposed for any
13period before the birth of the child.
AB166,39 14Section 39 . 767.82 (2) of the statutes is amended to read:
AB166,22,1615 767.82 (2) Presumption. Presumption of paternity shall be as provided in ss.
16891.39, 891.405, 891.407, and 891.41 (1).
AB166,40 17Section 40 . 767.82 (2m) of the statutes is amended to read:
AB166,22,2118 767.82 (2m) Custody pending court order. If there is no presumption of
19paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic
20test results under s. 767.804 (1) or
acknowledged under s. 767.805 (1), the mother
21shall have sole legal custody of the child until the court orders otherwise.
AB166,41 22Section 41. 767.84 (1) (a) of the statutes is renumbered 767.84 (1) (a) (intro.)
23and amended to read:
AB166,23,1124 767.84 (1) (a) (intro.) The Except as provided in ss. 767.855 and 767.863, and
25except in actions to which s. 767.893 applies, the
court may, and upon request of a

1party
shall, require the child, mother, any male for whom there is probable cause to
2believe that he had sexual intercourse with the mother during a possible time of the
3child's conception, or any male witness who testifies or will testify about his sexual
4relations with the mother at a possible time of conception to submit to genetic tests.
5Probable cause of sexual intercourse during a possible time of conception may be
6established by a sufficient petition or affidavit of the child's mother or an alleged
7father, filed with the court, or after an examination under oath of a party or witness,
8when the court determines that an examination is necessary. The court is not
9required to order a person who has undergone a genetic test under s. 49.225 to submit
10to another
genetic test under this paragraph unless a party requests additional tests
11under sub. (2).
with respect to any of the following:
AB166,42 12Section 42. 767.84 (1) (a) 1. of the statutes is created to read:
AB166,23,1413 767.84 (1) (a) 1. A person who has undergone a genetic test under s. 49.225,
14unless a party requests additional tests under sub. (2).
AB166,43 15Section 43. 767.84 (1) (a) 2. of the statutes is created to read:
AB166,23,1716 767.84 (1) (a) 2. A deceased respondent if genetic material is not available
17without undue hardship as provided in s. 767.865 (2).
AB166,44 18Section 44 . 767.84 (1) (a) 3. of the statutes is created to read:
AB166,23,2319 767.84 (1) (a) 3. a. Except as provided in subd. 3. b., a male respondent who fails
20to appear, if genetic test results with respect to another man show that the other man
21is not excluded as the father and that the statistical probability of the other man's
22parentage is 99.0 percent or higher creating a presumption of the other man's
23paternity.
AB166,23,2524 b. Subdivision 3. a. does not apply if the presumption of the other man's
25paternity is rebutted.
AB166,45
1Section 45. 767.855 of the statutes is amended to read:
AB166,24,14 2767.855 Dismissal if adjudication not in child's best interest. Except as
3provided in s. 767.863 (1m), at any time in an action to establish the paternity of a
4child, upon the motion of a party or guardian ad litem, the court or supplemental
5court commissioner under s. 757.675 (2) (g) may, with respect to a male, refuse to
6order genetic tests, if genetic tests have not yet been taken, and dismiss the action

7if the court or supplemental court commissioner determines that a judicial
8determination of whether the a male is the father of the child is not in the best
9interest of the child, dismiss the action with respect to the male, regardless of
10whether genetic tests have been performed or what the results of the tests, if
11performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2),
12767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed
13with respect to the male, the court or supplemental court commissioner is not
14required to order those genetic tests
.
AB166,46 15Section 46 . 767.87 (8) of the statutes is amended to read:
AB166,24,1916 767.87 (8) Burden of proof. The party bringing an action for the purpose of
17determining paternity or for the purpose of declaring the nonexistence of paternity
18presumed under s. 891.405, 891.407, or 891.41 (1) shall have the burden of proving
19the issues involved by clear and satisfactory preponderance of the evidence.
AB166,47 20Section 47 . 769.201 (1m) (gm) of the statutes is created to read:
AB166,24,2221 769.201 (1m) (gm) The individual was conclusively determined from genetic
22test results to be the father under s. 767.804.
Loading...
Loading...