SB907: Bill Text

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.

SB907,243 Section 243. 767.80 (5) (a) and (b) of the statutes are amended to read:

SB907,,746 767.80 (5) (a) In this subsection, “any alleged father” parent” includes any male person who has engaged in sexual intercourse with the child’s mother during a possible time of person who gave birth to the child that may have resulted in the conception of the child.

SB907,,747 (b) An A parentage action under this section may be joined with any other action for child support and is governed by the procedures specified in s. 767.205 relating to child support, except that the title of the action shall be “In re the paternity parentage of A.B.” The petition shall state the name and date of birth of the child if born or that the mother person is pregnant if the child is unborn, the name of any alleged father parent or presumed parent, whether or not an action by any of the parties to determine the paternity parentage of the child or rebut the presumption of paternity parentage to the child has at any time been commenced, or is pending before any court, in this state or elsewhere. If a paternity parentage judgment has been rendered, or if a paternity parentage action has been dismissed, the petition shall state the court that rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party’s right to request a genetic test under s. 49.225 or 767.84.

SB907,244 Section 244. 767.80 (5m) of the statutes is amended to read:

SB907,,749 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss. 767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male person is presumed the child’s father parent under s. 891.41 (1), is adjudicated the child’s father parent either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, is conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or has voluntarily acknowledged himself to be the child’s father parentage under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male person is adjudicated the father parent using the procedure set forth in this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804, 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male person who is not presumed the child’s father parent under s. 891.41 (1), adjudicated the father parent, conclusively determined to be the child’s father parent from genetic test results under s. 767.804, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father parent is by an action under this subchapter, except s. 767.804 or 767.805, or under s. 769.402. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity parentage has the burden of rebutting the presumption.

SB907,245 Section 245. 767.80 (6m) of the statutes is amended to read:

SB907,,751 767.80 (6m) When action must be commenced. The attorney designated under sub. (6) (a) shall commence an action under this section on behalf of the state within 6 months after receiving notification under s. 69.03 (15) that no father only one parent is named on the birth record of a child who is a resident of the county if paternity parentage has not been conclusively determined from genetic test results under s. 767.804, acknowledged under s. 767.805 (1) or a substantially similar law of another state, or adjudicated, except in situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.

SB907,246 Section 246. 767.80 (6r) (a) 1., 2. c. and 3. of the statutes are amended to read:

SB907,,753 767.80 (6r) (a) 1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a), including priority in determining whether an action should be brought under this section and, if the determination is that such an action should be brought, priority in bringing the action and in establishing the existence or nonexistence of paternity parentage.

SB907,,754 2. c. That the male person designated in s. 48.299 (6) (a) or 938.299 (6) (a) has previously been excluded as the father parent of the child.

SB907,,755 3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity parentage.

SB907,247 Section 247. 767.803 of the statutes is amended to read:

SB907,,757 767.803 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.

SB907,248 Section 248. 767.804 (1) (title) of the statutes is amended to read:

SB907,,759 767.804 (1) (title) Conclusive determination of paternity parentage.