SB907: Bill Text

SB907,,655 STATE OF WISCONSIN   )

SB907,,656 )   ss.

SB907,,657 .... County   )

SB907,,658 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.

SB907,,659 *....

SB907,,660 Notary Public ...., .... County, Wisconsin.

SB907,,661 My Commission is permanent.

SB907,,662 (If not, state expiration date: ...., .... (year))

SB907,,663 (Signatures may be authenticated or

SB907,,664 acknowledged. Both are not necessary.)

SB907,,665 *Names of persons signing in any capacity should

SB907,,666 be typed or printed below their signatures.

SB907,,667 Termination of

SB907,,668 statutory terminable individual

SB907,,669 property classification agreement

SB907,,670 I UNDERSTAND THAT:

SB907,,671 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.

SB907,,672 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.

SB907,,673 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB907,,674 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.

SB907,,675 Signature: ....

SB907,,676 Date: ....

SB907,,677 Print Name Here: ....

SB907,,678 Residence Address: ....

SB907,,679 Schedule “a”

SB907,,680 Financial Disclosure

SB907,,681 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.

SB907,,682 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

SB907,,683 I.   Assets:

SB907,,684 A.   Real estate (gross value)

SB907,,685 B.   Stocks, bonds and mutual funds

SB907,,686 C.   Accounts at and certificates and other instruments issued by financial institutions

SB907,,687 D.   Mortgages, land contracts, promissory notes and cash

SB907,,688 E.   Partnership interests

SB907,,689 EL.   Limited liability company interests

SB907,,690 F.   Trust interests

SB907,,691 G.   Livestock, farm products, crops

SB907,,692 H.   Automobiles and other vehicles

SB907,,693 I.   Jewelry and personal effects

SB907,,694 J.   Household furnishings

SB907,,695 K.   Life insurance and annuities:

SB907,,696 1.   Face value

SB907,,697 2.   Cash surrender value

SB907,,698 L.   Retirement benefits (include value):

SB907,,699 1.   Pension plans

SB907,,700 2.   Profit sharing plans

SB907,,701 3.   HR-10 KEOGH plans

SB907,,702 4.   IRAs

SB907,,703 5.   Deferred compensation plans

SB907,,704 M.   Other assets not listed elsewhere

SB907,,705 II.   Obligations (total outstanding balance):

SB907,,706 A.   Mortgages and liens

SB907,,707 B.   Credit cards

SB907,,708 C.   Other obligations to financial institutions

SB907,,709 D.   Alimony, maintenance and child support (per month)

SB907,,710 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

SB907,,711 III.   Annual compensation for services:

SB907,,712 (for example, wages and income from self-employment; also include social security,

SB907,,713 disability and similar income here)

SB907,,714 (IF YOU NEED ADDITIONAL SPACE,

SB907,,715 ADD ADDITIONAL SHEETS.)

SB907,230 Section 230. 767.001 (1m) of the statutes is amended to read:

SB907,,717 767.001 (1m) “Genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity parent’s parentage.

SB907,231 Section 231. 767.215 (2) (b) of the statutes is amended to read:

SB907,,719 767.215 (2) (b) The name and birthdate of each minor child of the parties and each any other child children born to the wife either of the parties during the marriage, and whether the wife either party is pregnant.

SB907,232 Section 232. 767.215 (2) (b) of the statutes is amended to read:

SB907,,721 767.215 (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.

SB907,233 Section 233. 767.215 (5) (a) 2. of the statutes is amended to read:

SB907,,723 767.215 (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.

SB907,234 Section 234. 767.323 of the statutes is amended to read:

SB907,,725 767.323 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.

SB907,235 Section 235. 767.43 (3) (b) and (4) of the statutes are amended to read:

SB907,,727 767.43 (3) (b) Except as provided in sub. (4), the paternity parentage of the child has been determined under the laws of this state or another jurisdiction if the grandparent filing the petition is a parent of the child’s father parent who did not give birth to the child.

SB907,,728 (4) Paternity Parentage determination. If the paternity parentage of the child has not yet been determined in an action under sub. (3) that is commenced by a person other than a parent of the child’s mother parent who gave birth to the child but the person filing the petition under sub. (3) has, in conjunction with that petition, filed a petition or motion under s. 767.80 (1) (k), the court shall make a determination as to paternity parentage before determining visitation rights under sub. (3).

SB907,236 Section 236. Subchapter IX (title) of chapter 767 [precedes 767.80] of the statutes is repealed and recreated to read:

SB907,,730 CHAPTER 767

SB907,,732 SUBCHAPTER IX PARENTAGE

SB907,237 Section 237. 767.80 (1) (b) of the statutes is repealed and recreated to read:

SB907,,734 767.80 (1) (b) The person who gave birth to the child.

SB907,238 Section 238. 767.80 (1) (c) of the statutes is amended to read:

SB907,,736 767.80 (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).

SB907,239 Section 239. 767.80 (1) (d) of the statutes is amended to read:

SB907,,738 767.80 (1) (d) A male person alleged or alleging himself to be the father parent of the child.

SB907,240 Section 240. 767.80 (1) (k) of the statutes is amended to read:

SB907,,740 767.80 (1) (k) In conjunction with the filing of a petition for visitation with respect to the child under s. 767.43 (3), a parent of a person who has filed a declaration of paternal parental interest under s. 48.025 with respect to the child or a parent of a person who, before April 1, 1998, signed and filed a statement acknowledging paternity parentage under s. 69.15 (3) (b) 3. with respect to the child.

SB907,241 Section 241. 767.80 (1m) of the statutes is amended to read:

SB907,,742 767.80 (1m) Venue. An action under this section may be brought in the county in which the child or the alleged father parent resides or is found or, if the father alleged parent is deceased, in which proceedings for probate of his the alleged parent’s estate have been or could be commenced.

SB907,242 Section 242. 767.80 (2) of the statutes is amended to read:

SB907,,744 767.80 (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 person who gave birth to the 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.