AB337,60,99
disability and similar income here)
AB337,60,1010
(IF YOU NEED ADDITIONAL SPACE,
AB337,60,1111
ADD ADDITIONAL SHEETS.)
AB337,138
12Section 138
. 767.215 (2) (b) of the statutes is amended to read:
AB337,60,1513
767.215
(2) (b) The name and birthdate of each minor child of the parties and
14each other child born to
the wife a party during the marriage, and whether
the wife 15a party is pregnant.
AB337,139
16Section 139
. 767.215 (5) (a) 2. of the statutes is amended to read:
AB337,60,1917
767.215
(5) (a) 2. The name, date of birth, and social security number of each
18minor child of the parties and of each child who was born to
the wife a party during
19the marriage and who is a minor.
AB337,140
20Section 140
. 767.323 of the statutes is amended to read:
AB337,61,9
21767.323 Suspension of proceedings to effect reconciliation. During the
22pendency of an action for divorce or legal separation, the court may, upon written
23stipulation of both parties that they desire to attempt a reconciliation, enter an order
24suspending any and all orders and proceedings for such period, not exceeding 90
25days, as the court determines advisable to permit the parties to attempt a
1reconciliation without prejudice to their respective rights. During the suspension
2period, the parties may resume living together as
husband and wife a married couple 3and their acts and conduct do not constitute an admission that the marriage is not
4irretrievably broken or a waiver of the ground that the parties have voluntarily lived
5apart continuously for 12 months or more immediately prior to the commencement
6of the action. Suspension may be revoked upon the motion of either party by an order
7of the court. If the parties become reconciled, the court shall dismiss the action. If
8the parties are not reconciled after the period of suspension, the action shall proceed
9as though no reconciliation period was attempted.
AB337,141
10Section 141
. 767.80 (1) (intro.) of the statutes is amended to read:
AB337,61,1411
767.80
(1) Who may bring action or file motion. (intro.) The following persons
12may bring an action or file a motion, including an action or motion for declaratory
13judgment, for the purpose of determining the paternity of a child or for the purpose
14of rebutting the presumption of
paternity parentage under s. 891.405 or 891.41 (1):
AB337,142
15Section 142
. 767.80 (1) (c) of the statutes is amended to read:
AB337,61,1716
767.80
(1) (c) Unless s. 767.805 (1) applies, a
male person presumed to be the
17child's
father parent under s. 891.405 or 891.41 (1).
AB337,143
18Section 143
. 767.80 (2) of the statutes is amended to read:
AB337,62,219
767.80
(2) Certain agreements not a bar to action. Regardless of its terms,
20an agreement made after July 1, 1981, other than an agreement approved by the
21court between an alleged or presumed
father
parent and the mother or child, does
22not bar an action under this section. Whenever the court approves an agreement in
23which one of the parties agrees not to commence an action under this section, the
24court shall first determine whether or not the agreement is in the best interest of the
1child. The court shall not approve any provision waiving the right to bring an action
2under this section if this provision is contrary to the best interests of the child.
AB337,144
3Section 144
. 767.803 of the statutes is amended to read:
AB337,62,13
4767.803 Determination of marital children. If the
father and mother 5natural parents of a nonmarital child enter into a lawful marriage or a marriage
6which appears and they believe is lawful, except where the parental rights of the
7mother parent who gave birth were terminated before either of these circumstances,
8the child becomes a marital child, is entitled to a change in birth record under s. 69.15
9(3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she
10had been born during the marriage of the parents. This section applies to all cases
11before, on, or after its effective date, but no estate already vested shall be divested
12by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages
13declared void under the law are nevertheless marital children.
AB337,145
14Section 145
. 767.805 (1), (1m), (2), (3) (title) and (a), (4) (intro.) and (d), (5) and
15(6) (a) (intro.) of the statutes are amended to read:
AB337,62,2016
767.805
(1) Conclusive determination of paternity parentage. A statement
17acknowledging
paternity parentage that is on file with the state registrar under s.
1869.15 (3) (b) 3. after the last day on which a person may timely rescind the statement,
19as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same
20effect as a judgment, of paternity.
AB337,62,22
21(1m) Minor parent may not sign. A minor may not sign a statement
22acknowledging
paternity parentage.
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23(2) Rescission of acknowledgment. (a) A statement acknowledging
paternity 24parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be
1rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a
2parent of the child who is the subject of the statement.
AB337,63,73
(b) If a statement acknowledging
paternity
parentage is timely rescinded as
4provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with
5respect to the
male person who signed the statement as the
father parent of the child
6unless the
male person is adjudicated the child's
father parent using the procedures
7set forth in this subchapter, except for this section.
AB337,63,13
8(3) (title)
Actions when paternity parentage acknowledged. (a) Unless the
9statement acknowledging
paternity parentage has been rescinded, an action
10affecting the family concerning custody, child support or physical placement rights
11may be brought with respect to persons who, with respect to a child, jointly signed
12and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a
13statement acknowledging
paternity parentage.
AB337,63,17
14(4) Orders when paternity parentage acknowledged. (intro.) In an action
15under sub. (3) (a), if the persons who signed and filed the statement acknowledging
16paternity as parents parentage of the child had notice of the hearing, the court shall
17make an order that contains all of the following provisions:
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(d) 1. An order establishing the amount of the
father's obligation to pay or
19contribute to the reasonable expenses of
the mother's pregnancy and
the child's birth 20childbirth by the parent who did not give birth. The amount established may not
21exceed one-half of the total actual and reasonable pregnancy and birth expenses.
22The order also shall specify the court's findings as to whether the
father's parent who
23did not give birth has an income
that is at or below the poverty line established under
2442 USC 9902 (2), and shall specify whether periodic payments are due on the
1obligation, based on the
father's parent's ability to pay or contribute to those
2expenses.
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2. If the order does not require periodic payments because the
father parent has
4no present ability to pay or contribute to the expenses, the court may modify the
5judgment or order at a later date to require periodic payments if the
father parent 6has the ability to pay at that time.
AB337,64,11
7(5) Voiding determination. (a) A determination of
paternity parentage that
8arises under this section may be voided at any time upon a motion or petition stating
9facts that show fraud, duress or a mistake of fact. Except for good cause shown, any
10orders entered under sub. (4) shall remain in effect during the pendency of a
11proceeding under this paragraph.
AB337,64,1812
(b) If a court in a proceeding under par. (a) determines that the
male person is
13not the
father parent of the child, the court shall vacate any order entered under sub.
14(4) with respect to the
male person. The court or the county child support agency
15under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
16(1) (b), to remove the
male's person's name as the
father parent of the child from the
17child's birth record. No paternity action may thereafter be brought against the
male 18person with respect to the child.
AB337,64,20
19(6) (a) (intro.) This section does not apply unless all of the following apply to
20the statement acknowledging
paternity parentage: