AB337,150
4Section
150. 767.87 (9) of the statutes is amended to read:
AB337,66,85
767.87
(9) Artificial insemination; natural father parent. Where If a child
6is conceived by artificial insemination, the
husband spouse of the mother of the child
7at the time of the conception of the child is the natural
father parent of the child, as
8provided in s. 891.40.
AB337,151
9Section
151. 767.883 (1) of the statutes is amended to read:
AB337,67,510
767.883
(1) Two parts. The trial shall be divided into 2 parts, the first part
11dealing with the determination of paternity and the 2nd part dealing with child
12support, legal custody, periods of physical placement, and related issues. The main
13issue at the first part shall be whether the alleged or presumed
father parent is or
14is not the
father parent of the mother's child, but if the child was born to the mother
15while she was the lawful
wife spouse of a specified
male person, the prior issue of
16whether the
husband mother's spouse was not the
father parent of the child shall be
17determined first, as provided under s. 891.39. The first part of the trial shall be by
18jury only if the defendant verbally requests a jury trial either at the initial
19appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial
20hearing. The court may direct and, if requested by either party before the
21introduction of any testimony in the party's behalf, shall direct the jury to find a
22special verdict as to any of the issues specified in this section, except that the court
23shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
24becomes insane, cannot be found within the jurisdiction, or fails to commence or
25pursue the action, the proceeding does not abate if any of the persons under s. 767.80
1(1) makes a motion to continue. The testimony of the mother taken at the pretrial
2hearing may in any such case be read in evidence if it is competent, relevant, and
3material. The issues of child support, custody
, and visitation, and related issues shall
4be determined by the court either immediately after the first part of the trial or at
5a later hearing before the court.
AB337,152
6Section
152. 769.316 (9) of the statutes is amended to read:
AB337,67,97
769.316
(9) The defense of immunity based on the relationship
of husband and
8wife between spouses or parent and child does not apply in a proceeding under this
9chapter.
AB337,153
10Section 153
. 769.401 (2) (a) of the statutes is amended to read:
AB337,67,1111
769.401
(2) (a) A
parent or presumed
father parent of the child.
AB337,154
12Section 154
. 769.401 (2) (g) of the statutes is repealed.
AB337,155
13Section
155. 815.20 (1) of the statutes is amended to read:
AB337,68,214
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
15resident owner and occupied by him or her shall be exempt from execution, from the
16lien of every judgment, and from liability for the debts of the owner to the amount
17of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
18taxes
, and except as otherwise provided. The exemption shall not be impaired by
19temporary removal with the intention to reoccupy the premises as a homestead nor
20by the sale of the homestead, but shall extend to the proceeds derived from the sale
21to an amount not exceeding $75,000, while held, with the intention to procure
22another homestead with the proceeds, for 2 years. The exemption extends to land
23owned by
husband and wife spouses jointly or in common or as marital property, and
24each spouse may claim a homestead exemption of not more than $75,000. The
1exemption extends to the interest therein of tenants in common, having a homestead
2thereon with the consent of the cotenants, and to any estate less than a fee.
AB337,156
3Section
156. 822.40 (4) of the statutes is amended to read:
AB337,68,74
822.40
(4) A privilege against disclosure of communications between spouses
5and a defense of immunity based on the relationship
of husband and wife between
6spouses or parent and child may not be invoked in a proceeding under this
7subchapter.
AB337,157
8Section
157. 851.30 (2) (a) of the statutes is amended to read:
AB337,68,139
851.30
(2) (a) An individual who obtains or consents to a final decree or
10judgment of divorce from the decedent or an annulment of their marriage, if the
11decree or judgment is not recognized as valid in this state, unless they subsequently
12participate in a marriage ceremony purporting to marry each other or they
13subsequently hold themselves out as
husband and wife married to each other.
AB337,158
14Section 158
. 852.01 (1) (f) 1. of the statutes is amended to read:
AB337,68,1815
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
16both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 17grandparents
on that side are deceased, to the issue of the
maternal grandparents
18on that side or either of them, per stirpes.
AB337,159
19Section 159
. 852.01 (1) (f) 2. of the statutes is amended to read:
AB337,68,2120
852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
21manner as to the
maternal relations under subd. 1.
AB337,160
22Section 160
. 852.01 (1) (f) 3. of the statutes is amended to read:
AB337,68,2523
852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
24grandparent or issue of a grandparent, the entire estate to the decedent's relatives
25on the other side.
AB337,161
1Section
161. 854.03 (3) of the statutes is amended to read:
AB337,69,82
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
3husband and wife 2 spouses die leaving marital property and it is not established
4that one survived the other by at least 120 hours, 50 percent of the marital property
5shall be distributed as if it were
the husband's
the first spouse's individual property
6and the
husband 2nd spouse had survived, and 50 percent of the marital property
7shall be distributed as if it were the
wife's
2nd spouse's individual property and the
8wife first spouse had survived.
AB337,162
9Section 162
. 891.39 (title) of the statutes is amended to read:
AB337,69,11
10891.39 (title)
Presumption as to whether a child is marital or
11nonmarital; self-crimination self-incrimination; birth certificates.
AB337,163
12Section 163
. 891.39 (1) (a) of the statutes is amended to read:
AB337,70,213
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
14was born to a woman while she was
the lawful wife of legally married to a specified
15man person, any party asserting in such action or proceeding that the
husband was 16spouse is not the
father
parent of the child shall have the burden of proving that
17assertion by a clear and satisfactory preponderance of the evidence. In all such
18actions or proceedings the
husband and the wife
spouses are competent to testify as
19witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
20litem to appear for and represent the child whose
paternity parentage is questioned.
21Results of a genetic test, as defined in s. 767.001 (1m), showing that a
man person 22other than the
husband mother's spouse is not excluded as the father of the child and
23that the statistical probability of the
man's
person's parentage is 99.0 percent or
24higher constitute a clear and satisfactory preponderance of the evidence of the
1assertion under this paragraph, even if the
husband mother's spouse is unavailable
2to submit to genetic tests, as defined in s. 767.001 (1m).
AB337,164
3Section 164
. 891.39 (1) (b) of the statutes is amended to read:
AB337,70,114
891.39
(1) (b) In actions affecting the family
, in which the question of
paternity 5parentage is raised, and in paternity proceedings, the court, upon being satisfied that
6the parties to the action are unable to adequately compensate any such guardian ad
7litem for the guardian ad litem's services and expenses, shall then make an order
8specifying the guardian ad litem's compensation and expenses, which compensation
9and expenses shall be paid as provided in s. 967.06. If the court orders a county to
10pay the compensation of the guardian ad litem, the amount ordered may not exceed
11the compensation paid to private attorneys under s. 977.08 (4m) (b).