AB43: Bill Text

AB43,,9282 Signature .... authenticated this .... day of ...., .... (year)

AB43,,9283 *....

AB43,,9284 TITLE: MEMBER STATE BAR OF WISCONSIN

AB43,,9285 (If not, .... authorized by s. 706.06, Wis. Stats.)

AB43,,9286 Acknowledgment

AB43,,9287 STATE OF WISCONSIN   )

AB43,,9288 )   ss.

AB43,,9289 .... County   )

AB43,,9290 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.

AB43,,9291 *....

AB43,,9292 Notary Public ...., .... County, Wisconsin.

AB43,,9293 My Commission is permanent.

AB43,,9294 (If not, state expiration date: ...., .... (year))

AB43,,9295 (Signatures may be authenticated or

AB43,,9296 acknowledged. Both are not necessary.)

AB43,,9297 *Names of persons signing in any capacity should

AB43,,9298 be typed or printed below their signatures.

AB43,,9299 Termination of

AB43,,9300 Statutory terminable individual

AB43,,9301 Property classification agreement

AB43,,9302 I UNDERSTAND THAT:

AB43,,9303 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.

AB43,,9304 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.

AB43,,9305 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

AB43,,9306 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.

AB43,,9307 Signature: ....

AB43,,9308 Date: ....

AB43,,9309 Print Name Here: ....

AB43,,9310 Residence Address: ....

AB43,,9311 Schedule “A”

AB43,,9312 Financial Disclosure

AB43,,9313 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.

AB43,,9314 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

AB43,,9315 I.   Assets:

AB43,,9316 A.   Real estate (gross value)

AB43,,9317 B.   Stocks, bonds and mutual funds

AB43,,9318 C.   Accounts at and certificates and other instruments issued by financial institutions

AB43,,9319 D.   Mortgages, land contracts, promissory notes and cash

AB43,,9320 E.   Partnership interests

AB43,,9321 EL.   Limited liability company interests

AB43,,9322 F.   Trust interests

AB43,,9323 G.   Livestock, farm products, crops

AB43,,9324 H.   Automobiles and other vehicles

AB43,,9325 I.   Jewelry and personal effects

AB43,,9326 J.   Household furnishings

AB43,,9327 K.   Life insurance and annuities:

AB43,,9328 1.   Face value

AB43,,9329 2.   Cash surrender value

AB43,,9330 L.   Retirement benefits (include value):

AB43,,9331 1.   Pension plans

AB43,,9332 2.   Profit sharing plans

AB43,,9333 3.   HR-10 KEOGH plans

AB43,,9334 4.   IRAs

AB43,,9335 5.   Deferred compensation plans

AB43,,9336 M.   Other assets not listed elsewhere

AB43,,9337 II.   Obligations (total outstanding balance):

AB43,,9338 A.   Mortgages and liens

AB43,,9339 B.   Credit cards

AB43,,9340 C.   Other obligations to financial institutions

AB43,,9341 D.   Alimony, maintenance and child support (per month)

AB43,,9342 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

AB43,,9343 III.   Annual compensation for services:

AB43,,9344 (for example, wages and income from self-employment; also include social security,

AB43,,9345 disability and similar income here)

AB43,,9346 (IF YOU NEED ADDITIONAL SPACE,

AB43,,9347 ADD ADDITIONAL SHEETS.)

AB43,3164 Section 3164. 767.215 (2) (b) of the statutes is amended to read:

AB43,,9349 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.

AB43,3165 Section 3165. 767.215 (5) (a) 2. of the statutes is amended to read:

AB43,,9351 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.

AB43,3166 Section 3166. 767.323 of the statutes is amended to read:

AB43,,9353 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.

AB43,3167 Section 3167. 767.80 (1) (intro.) of the statutes is amended to read:

AB43,,9355 767.80 (1) Who may bring action or file motion. (intro.) The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child, or for the purpose of rebutting the presumption of paternity parentage under s. 891.405, 891.407, or 891.41 (1):

AB43,3168 Section 3168. 767.80 (1) (c) of the statutes is amended to read:

AB43,,9357 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).

AB43,3169 Section 3169. 767.80 (2) of the statutes is amended to read:

AB43,,9359 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 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.

AB43,3170 Section 3170. 767.803 of the statutes is amended to read:

AB43,,9361 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.

AB43,3171 Section 3171. 767.804 (1) (a) 4. of the statutes is amended to read:

AB43,,9363 767.804 (1) (a) 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB43,3172 Section 3172. 767.805 (title), (1), (1m), (2) (a) and (b) and (3) (title) and (a) of the statutes are amended to read:

AB43,,9365 767.805 (title) Voluntary acknowledgment of paternity parentage. (1) Conclusive determination of paternity parentage. A statement acknowledging paternity parentage that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity parentage.

AB43,,9366 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity parentage.

AB43,,9367 (2) (a) A statement acknowledging paternity parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

AB43,,9368 (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.

AB43,,9369 (3) (title) Actions when paternity parentage acknowledged. (a) Unless the statement acknowledging paternity parentage has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity parentage.

AB43,3173 Section 3173. 767.805 (4) (intro.) of the statutes is amended to read: