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October 8, 2021 - Introduced by Senators Ballweg, Marklein and Johnson,
cosponsored by Representatives J. Rodriguez, Kerkman, Doyle, Billings,
Dittrich, Tusler, Sinicki, Snyder and Thiesfeldt. Referred to Committee on
Judiciary and Public Safety.
SB604,1,4 1An Act to renumber and amend 767.54; to amend 767.553 (1) (c); and to
2create
767.54 (1) (a) to (d) and 767.54 (2) of the statutes; relating to: the
3required annual exchange of financial information in an order for family
4support, child support, or maintenance.
Analysis by the Legislative Reference Bureau
Under current law, in an order for family support, child support, or
maintenance, the court must require the parties to annually exchange financial
information. This bill specifies the types of financial information that must be
included in this exchange and also allows the parties to redact certain personally
identifying information from the documents that are exchanged. The bill also
specifies that the information must be exchanged no later than May 1st of each year,
unless a different date is agreed upon in writing by both of the parties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB604,1 5Section 1. 767.54 of the statutes, as affected by 2021 Wisconsin Act 35, is
6renumbered 767.54 (1) (intro.) and amended to read:
SB604,2,8
1767.54 (1) (intro.) In an action in which the court has ordered a party to pay
2family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., or child
3support or maintenance under this chapter, including an action to revise a judgment
4or order under s. 767.59, the court shall require the parties annually to exchange
5financial information. Information required under this section shall be exchanged
6no later than May 1 of each calendar year, unless otherwise agreed upon in writing
7by the parties. The information required to be exchanged shall include all of the
8following:
SB604,2,14 9(3) Information disclosed under this section is subject to s. 767.127 (3). A party
10who fails to furnish information required by the court under this section may be
11proceeded against for contempt of court under ch. 785. If the court finds that a party
12has failed to furnish information required under this section, the court may award
13to the party bringing the action costs and, notwithstanding s. 814.04 (1), reasonable
14attorney fees.
SB604,2 15Section 2. 767.54 (1) (a) to (d) of the statutes are created to read:
SB604,2,1716 767.54 (1) (a) A complete copy of the party's federal and state income tax return
17for the prior calendar year, including all W-2 forms and 1099 forms .
SB604,2,1918 (b) A year-end paycheck stub from all sources of employment for the prior
19calendar year.
SB604,2,2120 (c) The party's most recent paycheck stub from all sources of employment
21showing year-to-date gross and net income.
SB604,2,2322 (d) Any other documentation of the party's income from all sources for the
2312-month period preceding the exchange of information.
SB604,3 24Section 3. 767.54 (2) of the statutes is created to read:
SB604,3,3
1767.54 (2) A party may redact or remove the following personally identifying
2information from documents provided under sub. (1) unless otherwise ordered by the
3court:
SB604,3,54 (a) The party's home or work address, if the party is participating in the
5program under s. 165.68, or if the party's address is otherwise protected or sealed.
SB604,3,66 (b) The name, date of birth, and address of the party's spouse.
SB604,3,87 (c) The name, date of birth, and other personally identifying information of a
8minor child not related to the other party.
SB604,3,99 (d) Any social security number.
SB604,3,1010 (e) An identification number assigned by an employer.
SB604,3,1211 (f) A taxpayer identification number assigned by the department of revenue or
12federal internal revenue service.
SB604,3,1413 (g) Any depository account number, investment account number, or other
14personally identifying number related to any investment tool.
SB604,3,1515 (h) A military identification number.
SB604,3,1716 (i) Any other personally identifying information that is intended to be used to
17access services, funds, or benefits of any kind to which an individual is entitled.
SB604,3,1918 (j) Any other personally identifying information that is not required to
19determine the income or financial status of the party.
SB604,4 20Section 4. 767.553 (1) (c) of the statutes is amended to read:
SB604,3,2421 767.553 (1) (c) In the order the court shall specify what information the parties
22must exchange to determine whether the payer's income has changed , and shall
23specify the manner and timing of the information exchange
in accordance with s.
24767.54
.
SB604,3,2525 (End)
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