AB50: Bill Text

AB50,1523,14 I.   Assets:

AB50,1523,15 A.   Real estate (gross value)

AB50,1523,16 B.   Stocks, bonds and mutual funds

AB50,1523,18 C.   Accounts at and certificates and other instruments issued by financial institutions

AB50,1523,20 D.   Mortgages, land contracts, promissory notes and cash

AB50,1523,21 E.   Partnership interests

AB50,1523,22 EL.   Limited liability company interests

AB50,1523,23 F.   Trust interests

AB50,1524,1 G.   Livestock, farm products, crops

AB50,1524,2 H.   Automobiles and other vehicles

AB50,1524,3 I.   Jewelry and personal effects

AB50,1524,4 J.   Household furnishings

AB50,1524,5 K.   Life insurance and annuities:

AB50,1524,6 1.   Face value

AB50,1524,7 2.   Cash surrender value

AB50,1524,8 L.   Retirement benefits (include value):

AB50,1524,9 1.   Pension plans

AB50,1524,10 2.   Profit sharing plans

AB50,1524,11 3.   HR-10 KEOGH plans

AB50,1524,12 4.   IRAs

AB50,1524,13 5.   Deferred compensation plans

AB50,1524,14 M.   Other assets not listed elsewhere

AB50,1524,15 II.   Obligations (total outstanding balance):

AB50,1524,16 A.   Mortgages and liens

AB50,1524,17 B.   Credit cards

AB50,1524,18 C.   Other obligations to financial institutions

AB50,1524,20 D.   Alimony, maintenance and child support (per month)

AB50,1524,22 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

AB50,1524,23 III.   Annual compensation for services:

AB50,1525,2 (for example, wages and income from self- employment; also include social security,

AB50,1525,3 disability and similar income here)

AB50,1525,4 (IF YOU NEED ADDITIONAL SPACE,

AB50,1525,5 ADD ADDITIONAL SHEETS.)

AB50,3035 Section 3035. 767.001 (1) (m) of the statutes is amended to read:

AB50,1525,11 767.001 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

AB50,3036 Section 3036. 767.215 (2) (b) of the statutes is amended to read:

AB50,1525,15 767.215 (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.

AB50,3037 Section 3037. 767.215 (5) (a) 2. of the statutes is amended to read:

AB50,1525,19 767.215 (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.

AB50,3038 Section 3038. 767.323 of the statutes is amended to read:

AB50,1526,10 767.323 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.

AB50,3039 Section 3039. 767.511 (1m) (hm) of the statutes is amended to read:

AB50,1526,18 767.511 (1m) (hm) The best interests of the child, including, with respect to a child placed with an out-of-home care provider under ch. 48 or 938, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child’s family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.

AB50,3040 Section 3040. 767.521 (intro.) of the statutes is amended to read:

AB50,1527,2 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

AB50,3041 Section 3041. 767.55 (3) (a) 2. of the statutes is amended to read:

AB50,1527,5 767.55 (3) (a) 2. The child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

AB50,3042 Section 3042. 767.57 (1m) (c) of the statutes is amended to read:

AB50,1527,10 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 48.645 (3) or 49.19 (4) (h) 1. b. of the party’s right to the support or maintenance money.

AB50,3043 Section 3043. 767.57 (2) of the statutes is amended to read:

AB50,1528,7 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party’s right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49 or that a kinship care provider or long-term kinship care provider of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

AB50,3044 Section 3044. 767.57 (4) of the statutes is amended to read:

AB50,1528,16 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

AB50,3045 Section 3045. 767.59 (1) of the statutes is amended to read:

AB50,1529,2 767.59 (1) Definition. In this section, “support or maintenance order” means a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7), or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for maintenance payments under s. 767.56, for family support payments under s. 767.531, 2019 stats., or for the appointment of trustees or receivers under s. 767.57 (5).

AB50,3046 Section 3046. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

AB50,1529,9 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

AB50,3047 Section 3047. 767.59 (2) (c) of the statutes is amended to read:

AB50,1529,16 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., the court shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.

AB50,3048 Section 3048. 767.77 (1) of the statutes is amended to read:

AB50,1530,4 767.77 (1) Definition. In this section, “payment obligation” means an obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., support or maintenance under s. 767.501, child support or maintenance under s. 767.225, child support under s. 767.511, maintenance under s. 767.56, family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., attorney fees under s. 767.241, child support or a child’s health care expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal support under s. 948.22 (7).

AB50,3049 Section 3049. 767.78 (1) of the statutes is amended to read:

AB50,1530,12 767.78 (1) Definition. In this section, “financial obligation” means an obligation for payment incurred under s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 767.531, 2019 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511, 767.56, 767.61, 767.71, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).

AB50,3050 Section 3050. 767.80 (1) (intro.) of the statutes is amended to read:

AB50,1530,18 767.80 (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):

AB50,3051 Section 3051. 767.80 (1) (c) of the statutes is amended to read:

AB50,1530,21 767.80 (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).

AB50,3052 Section 3052. 767.80 (2) of the statutes is amended to read:

AB50,1531,7 767.80 (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.

AB50,3053 Section 3053. 767.803 of the statutes is amended to read:

AB50,1531,19 767.803 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.

AB50,3054 Section 3054. 767.804 (1) (a) 4. of the statutes is amended to read:

AB50,1531,22 767.804 (1) (a) 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB50,3055 Section 3055. 767.805 (title), (1), (1m), (2) (a) and (b) and (3) (title) and (a) of the statutes are amended to read:

AB50,1532,8 767.805 (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.

AB50,1532,10 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity parentage.

AB50,1532,14 (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.

AB50,1532,19 (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.

AB50,1533,2 (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.

AB50,3056 Section 3056. 767.805 (4) (intro.) of the statutes is amended to read:

AB50,1533,7 767.805 (4) Orders when paternity parentage acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents parentage of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:

AB50,3057 Section 3057. 767.805 (4) (d) of the statutes is amended to read:

AB50,1533,17 767.805 (4) (d) 1. An order establishing the amount of the father’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth childbirth by the parent who did not give birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s parent who did not give birth has an income that is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s parent’s ability to pay or contribute to those expenses.

AB50,1533,21 2. If the order does not require periodic payments because the father parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father parent has the ability to pay at that time.

AB50,3058 Section 3058. 767.805 (5) (a) and (b) of the statutes are amended to read:

AB50,1534,4 767.805 (5) (a) A determination of paternity parentage that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

AB50,1534,11 (b) If a court in a proceeding under par. (a) determines that the male person is not the father parent of the child, the court shall vacate any order entered under sub. (4) with respect to the male person. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male’s person’s name as the father parent of the child from the child’s birth record. No paternity action may thereafter be brought against the male person with respect to the child.

AB50,3059 Section 3059. 767.805 (6) (a) (intro.) of the statutes is amended to read:

AB50,1534,14 767.805 (6) (a) (intro.) This section does not apply unless all of the following apply to the statement acknowledging paternity parentage: