SB158,7
4Section 7
. 49.141 (1) (i) of the statutes is renumbered 49.141(1) (i) (intro.) and
5amended to read:
SB158,7,86
49.141
(1) (i) (intro.) “Nonmarital coparent" means, with respect to an
7individual and a dependent child, a parent who is not married to the individual,
who 8resides with the dependent child
, and
who is
either an one of the following:
SB158,7,9
91. An adjudicated parent
or a
.
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102. A parent who has signed and filed with the state registrar under s. 69.15 (3)
11(b) 3. a statement acknowledging paternity.
SB158,8
12Section 8
. 49.141 (1) (i) 3. of the statutes is created to read:
SB158,7,1413
49.141
(1) (i) 3. A parent who has been conclusively determined from genetic
14test results to be the father under s. 767.804.
SB158,9
15Section 9
. 49.141 (1) (j) 6. of the statutes is created to read:
SB158,7,1716
49.141
(1) (j) 6. A man who has been conclusively determined from genetic test
17results to be the father under s. 767.804.
SB158,10
18Section 10
. 49.225 (2) (a) of the statutes is amended to read:
SB158,8,219
49.225
(2) (a) A county child support agency under s. 59.53 (5) may require, by
20subpoena in substantially the form authorized under s. 885.02 or by other means, a
21child, the child's mother
, and a male alleged, or alleging himself, to be the child's
22father to submit to genetic tests if there is probable cause to believe that the male
23had sexual intercourse with the child's mother during a possible time of the child's
24conception. Probable cause of sexual intercourse during a possible time of conception
25may be established by a sufficient affidavit of the child's mother
or, the male alleged,
1or alleging himself, to be the child's father
, or the county child support agency under
2s. 59.53 (5) based on information provided by the child's mother.
SB158,11
3Section
11. 49.855 (3) of the statutes is amended to read:
SB158,9,24
49.855
(3) Receipt of a certification by the department of revenue shall
5constitute a lien, equal to the amount certified, on any state tax refunds or credits
6owed to the obligor. The lien shall be foreclosed by the department of revenue as a
7setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
8that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
9obligor that the state intends to reduce any state tax refund or credit due the obligor
10by the amount the obligor is delinquent under the support, maintenance, or receiving
11and disbursing fee order or obligation, by the outstanding amount for past support,
12medical expenses, or birth expenses under the court order, or by the amount due
13under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20
14days the obligor may request a hearing before the circuit court rendering the order
15under which the obligation arose. Within 10 days after receiving a request for
16hearing under this subsection, the court shall set the matter for hearing. Pending
17further order by the court or a circuit court commissioner, the department of children
18and families or its designee, whichever is appropriate, is prohibited from disbursing
19the obligor's state tax refund or credit. A circuit court commissioner may conduct the
20hearing. The sole issues at that hearing shall be whether the obligor owes the
21amount certified and, if not and it is a support or maintenance order, whether the
22money withheld from a tax refund or credit shall be paid to the obligor or held for
23future support or maintenance, except that the obligor's ability to pay shall also be
24an issue at the hearing if the obligation relates to an order under s.
767.804 (3) (d)
251., 767.805 (4) (d) 1.
, or 767.89 (3) (e) 1. and the order specifies that the court found
1that the obligor's income was at or below the poverty line established under
42 USC
29902 (2).
SB158,12
3Section 12
. 49.855 (4m) (b) of the statutes is amended to read:
SB158,9,254
49.855
(4m) (b) The department of revenue may provide a certification that it
5receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon
6receipt of the certification, the department of administration shall determine
7whether the obligor is a vendor or is receiving any other payments from this state,
8except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
945.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
10determines that the obligor is a vendor or is receiving payments from this state,
11except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1245.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
13certified from those payments and shall notify the obligor that the state intends to
14reduce any payments due the obligor by the amount the obligor is delinquent under
15the support, maintenance, or receiving and disbursing fee order or obligation, by the
16outstanding amount for past support, medical expenses, or birth expenses under the
17court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The
18notice shall provide that within 20 days after receipt of the notice the obligor may
19request a hearing before the circuit court rendering the order under which the
20obligation arose. An obligor may, within 20 days after receiving notice, request a
21hearing under this paragraph. Within 10 days after receiving a request for hearing
22under this paragraph, the court shall set the matter for hearing. A circuit court
23commissioner may conduct the hearing. Pending further order by the court or circuit
24court commissioner, the department of children and families or its designee,
25whichever is appropriate, may not disburse the payments withheld from the obligor.
1The sole issues at the hearing are whether the obligor owes the amount certified and,
2if not and it is a support or maintenance order, whether the money withheld shall be
3paid to the obligor or held for future support or maintenance, except that the obligor's
4ability to pay is also an issue at the hearing if the obligation relates to an order under
5s.
767.804 (3) (d) 1., 767.805 (4) (d) 1.
, or 767.89 (3) (e) 1. and the order specifies that
6the court found that the obligor's income was at or below the poverty line established
7under
42 USC 9902 (2).
SB158,13
8Section 13
. 69.15 (3) (a) (intro.) of the statutes is amended to read:
SB158,10,139
69.15
(3) (a) (intro.) If the state registrar receives an order under sub. (1)
which 10that establishes paternity or determines that the man whose name appears on a
11registrant's birth record is not the father of the registrant,
or a report under s.
12767.804 (1) (c) that shows a conclusive determination of paternity, the state registrar
13shall do the following, as appropriate:
SB158,14
14Section 14
. 69.15 (3) (a) 3. of the statutes is amended to read:
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69.15
(3) (a) 3. Except as provided under subd. 4., insert the name of the
16adjudicated
or conclusively determined father on the original birth record if the
17name of the father was omitted on the original record.
SB158,15
18Section
15. 565.30 (5m) (a) of the statutes is amended to read:
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565.30
(5m) (a) The administrator shall report to the department of children
20and families the name, address
, and social security number of each winner of a
21lottery prize that is payable in installments and the name, address
, and social
22security number or federal income tax number of the person who has been assigned
23a lottery prize that is payable in installments. Upon receipt of the report, the
24department of children and families shall certify to the administrator whether any
25payee or assignee named in the report is obligated to provide child support, spousal
1support, maintenance
, or family support under s. 767.001 (1) (f) or (g), 767.225,
2767.34, 767.511, 767.531, 767.56,
767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89
3(3), 767.893 (2m)
, or 948.22 (7) or ch. 769 and the amount required to be withheld
4from the lottery prize under s. 767.75. Subject to par. (b), the administrator shall
5withhold the certified amount from each payment made to the winner or assignee
6and remit the certified amount to the department of children and families.
SB158,16
7Section 16
. 767.407 (1) (c) (intro.) of the statutes is amended to read:
SB158,11,148
767.407
(1) (c) (intro.) The attorney responsible for support enforcement under
9s. 59.53 (6) (a) may request that the court appoint a guardian ad litem to bring an
10action or motion on behalf of a minor who is a nonmarital child whose paternity has
11not been
conclusively determined from genetic test results under s. 767.804, 12acknowledged under s. 767.805 (1) or a substantially similar law of another state
, or
13adjudicated for the purpose of determining the paternity of the child, and the court
14shall appoint a guardian ad litem, if any of the following applies:
SB158,17
15Section
17. 767.41 (1) (b) of the statutes is amended to read:
SB158,11,2016
767.41
(1) (b) In rendering a judgment of annulment, divorce, legal separation,
17or paternity, or in rendering a judgment in an action under s. 767.001 (1) (e), 767.501,
18767.804 (2), or 767.805 (3), the court shall make such provisions as it deems just and
19reasonable concerning the legal custody and physical placement of any minor child
20of the parties, as provided in this section.
SB158,18
21Section
18. 767.41 (1m) (intro.) of the statutes is amended to read:
SB158,12,1022
767.41
(1m) Parenting plan. (intro.) Unless the court orders otherwise, in an
23action for annulment, divorce, or legal separation, an action to determine paternity,
24or an action under s. 767.001 (1) (e), 767.501,
767.804 (2), or 767.805 (3), in which
25legal custody or physical placement is contested, a party seeking sole or joint legal
1custody or periods of physical placement shall file a parenting plan with the court if
2the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if
3the parties attend mediation and the mediator notifies the court under s. 767.405
4(12) (b) that the parties have not reached an agreement. Unless the court orders
5otherwise, the parenting plan shall be filed within 60 days after the court waives the
6mediation requirement or the mediator notifies the court that no agreement has been
7reached. Except for cause shown, a party required to file a parenting plan under this
8subsection who does not timely file a parenting plan waives the right to object to the
9other party's parenting plan. A parenting plan shall provide information about the
10following questions:
SB158,19
11Section
19. 767.44 (1) of the statutes is amended to read:
SB158,12,1812
767.44
(1) When prohibited. Notwithstanding ss. 767.225 (1) (am), 767.41 (1),
13(4), and (5),
767.804 (3) (a), 767.805 (4) (a), and 767.89 (3) and except as provided in
14sub. (2), in an action under this chapter that affects a minor child, a court may not
15grant to the child's parent visitation or physical placement rights with the child if the
16parent has been convicted under s. 940.01 of the first-degree intentional homicide,
17or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent,
18and the conviction has not been reversed, set aside, or vacated.
SB158,20
19Section
20. 767.511 (1) (intro.) of the statutes is amended to read: