SB321: Bill Text

SB321,103,8 *....

SB321,103,9 TITLE: MEMBER STATE BAR OF WISCONSIN

SB321,103,10 (If not, .... authorized by s. 706.06, Wis. Stats.)

SB321,103,11 Acknowledgment

SB321,103,12 STATE OF WISCONSIN   )

SB321,103,13 )   ss.

SB321,103,14 .... County   )

SB321,103,17 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.

SB321,103,18 *....

SB321,103,19 Notary Public ...., .... County, Wisconsin.

SB321,103,20 My Commission is permanent.

SB321,103,21 (If not, state expiration date: ...., .... (year))

SB321,103,22 (Signatures may be authenticated or

SB321,103,23 acknowledged. Both are not necessary.)

SB321,104,1 *Names of persons signing in any capacity should

SB321,104,2 be typed or printed below their signatures.

SB321,104,3 Termination of

SB321,104,4 statutory terminable individual

SB321,104,5 property classification agreement

SB321,104,6 I UNDERSTAND THAT:

SB321,104,9 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.

SB321,104,14 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.

SB321,104,17 3. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE CREDIT IS EXTENDED.

SB321,104,20 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.

SB321,104,21 Signature: ....

SB321,104,22 Date: ....

SB321,104,23 Print Name Here: ....

SB321,105,1 Residence Address: ....

SB321,105,2 Schedule “a”

SB321,105,3 Financial Disclosure

SB321,105,7 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.

SB321,105,8 Husband   Wife   Spouse (Name)   Spouse (Name)   Both Names

SB321,105,9 I.   Assets:

SB321,105,10 A.   Real estate (gross value)

SB321,105,11 B.   Stocks, bonds and mutual funds

SB321,105,13 C.   Accounts at and certificates and other instruments issued by financial institutions

SB321,105,15 D.   Mortgages, land contracts, promissory notes and cash

SB321,105,16 E.   Partnership interests

SB321,105,17 EL.   Limited liability company interests

SB321,105,18 F.   Trust interests

SB321,105,19 G.   Livestock, farm products, crops

SB321,105,20 H.   Automobiles and other vehicles

SB321,105,21 I.   Jewelry and personal effects

SB321,105,22 J.   Household furnishings

SB321,105,23 K.   Life insurance and annuities:

SB321,106,1 1.   Face value

SB321,106,2 2.   Cash surrender value

SB321,106,3 L.   Retirement benefits (include value):

SB321,106,4 1.   Pension plans

SB321,106,5 2.   Profit sharing plans

SB321,106,6 3.   HR-10 KEOGH plans

SB321,106,7 4.   IRAs

SB321,106,8 5.   Deferred compensation plans

SB321,106,9 M.   Other assets not listed elsewhere

SB321,106,10 II.   Obligations (total outstanding balance):

SB321,106,11 A.   Mortgages and liens

SB321,106,12 B.   Credit cards

SB321,106,13 C.   Other obligations to financial institutions

SB321,106,15 D.   Alimony, maintenance and child support (per month)

SB321,106,17 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

SB321,106,18 III.   Annual compensation for services:

SB321,106,20 (for example, wages and income from self- employment; also include social security,

SB321,106,21 disability and similar income here)

SB321,106,22 (IF YOU NEED ADDITIONAL SPACE,

SB321,106,23 ADD ADDITIONAL SHEETS.)

SB321,231 Section 231. 767.001 (1m) of the statutes is amended to read:

SB321,107,5 767.001 (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.

SB321,232 Section 232. 767.215 (2) (b) of the statutes is amended to read:

SB321,107,9 767.215 (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.

SB321,233 Section 233. 767.215 (5) (a) 2. of the statutes is amended to read:

SB321,107,13 767.215 (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.

SB321,234 Section 234. 767.323 of the statutes is amended to read:

SB321,108,5 767.323 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.

SB321,235 Section 235. 767.43 (3) (b) and (4) of the statutes are amended to read:

SB321,108,10 767.43 (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.

SB321,108,17 (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).

SB321,236 Section 236. Subchapter IX (title) of chapter 767 [precedes 767.80] of the statutes is repealed and recreated to read:

SB321,108,20 CHAPTER 767

SB321,108,22 SUBCHAPTER IX PARENTAGE

SB321,237 Section 237. 767.80 (1) (b) of the statutes is repealed and recreated to read:

SB321,109,1 767.80 (1) (b) The person who gave birth to the child.

SB321,238 Section 238. 767.80 (1) (c) of the statutes is amended to read:

SB321,109,4 767.80 (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).

SB321,239 Section 239. 767.80 (1) (d) of the statutes is amended to read:

SB321,109,7 767.80 (1) (d) A male person alleged or alleging himself to be the father parent of the child.

SB321,240 Section 240. 767.80 (1) (k) of the statutes is amended to read:

SB321,109,14 767.80 (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.

SB321,241 Section 241. 767.80 (1m) of the statutes is amended to read:

SB321,109,19 767.80 (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.