LRB-2449/2
PJK:kjf:nwn
2007 - 2008 LEGISLATURE
December 19, 2007 - Introduced by Senator Grothman, cosponsored by
Representatives Hahn, Townsend and Gunderson. Referred to Committee on
Judiciary, Corrections, and Housing.
SB362,1,5 1An Act to amend 69.15 (3) (b) 3., 767.215 (5) (a) (intro.), 767.215 (5) (a) 2.,
2767.215 (5) (b), 767.59 (1c) (b), 767.813 (5) (a) 4. and 767.865 (1) (a); and to
3create
767.215 (5) (am), 767.511 (2m), 767.61 (4m) and 767.61 (7) of the
4statutes; relating to: miscellaneous revisions to statutes relating to actions
5affecting the family.
Analysis by the Legislative Reference Bureau
Under current law, in an action affecting the family, such as a divorce, when the
petition commencing the action is filed, the social security numbers of the parties,
of each minor child of the parties, and of each child born to the wife during the
marriage must be filed with the court on a form that is separate from the petition.
This bill limits the social security numbers that must be filed for children born to the
wife during the marriage to those of minor children who were born to the wife during
the marriage. The bill also provides that in a paternity action, the form with the
social security numbers of the parties and minor children must be filed with the court
within five business days after paternity is adjudicated, rather than at the beginning
of the action when the petition is filed.
The bill makes a few other minor technical corrections relating to the chapter
on actions affecting the family. For example, under current law, a court may order
child support, legal custody, and periods of physical placement on the basis of a
statement acknowledging paternity that is signed by both parents and filed with the
state registrar. However, since January 1, 2007, a minor has been prohibited from

signing a statement acknowledging paternity. The bill harmonizes this prohibition
with the statutes related to requirements for the state registrar with respect to
changing facts on birth certificates. Another technical change that the bill makes is
conforming to current law the maximum possible number of years of imprisonment
for interference with the custody of a child in the form for a summons in a paternity
action. Previously the maximum period of imprisonment was up to five years;
currently the maximum is up to three years and six months.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB362, s. 1 1Section 1. 69.15 (3) (b) 3. of the statutes is amended to read:
SB362,2,122 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives
3a statement acknowledging paternity on a form prescribed by the state registrar and
4signed by both parents, and by a parent or legal guardian of any parent who is neither
5of whom was
under the age of 18 years when the form was signed, along with the fee
6under s. 69.22, the state registrar shall insert the name of the father under subd. 1.
7The state registrar shall mark the certificate to show that the form is on file. The
8form shall be available to the department of workforce development or a county child
9support agency under s. 59.53 (5) pursuant to the program responsibilities under s.
1049.22 or to any other person with a direct and tangible interest in the record. The
11state registrar shall include on the form for the acknowledgment the information in
12s. 767.805 and the items in s. 767.813 (5g).
SB362, s. 2 13Section 2. 767.215 (5) (a) (intro.) of the statutes is amended to read:
SB362,2,1614 767.215 (5) (a) (intro.) When Except as provided in par. (am), when the petition
15under this section is filed with the court, the party filing the petition shall submit a
16separate form, furnished by the court, containing all of the following:
SB362, s. 3 17Section 3. 767.215 (5) (a) 2. of the statutes is amended to read:
SB362,3,3
1767.215 (5) (a) 2. The name, date of birth, and social security number of each
2minor child of the parties and of each child who was born to the wife during the
3marriage and who is a minor.
SB362, s. 4 4Section 4. 767.215 (5) (am) of the statutes is created to read:
SB362,3,75 767.215 (5) (am) In an action to determine the paternity of a child, the party
6who filed the petition shall submit the form under par. (a) within 5 days after
7paternity is adjudicated.
SB362, s. 5 8Section 5. 767.215 (5) (b) of the statutes is amended to read:
SB362,3,139 767.215 (5) (b) A form submitted under this subsection shall be maintained
10with the confidential information required under s. 767.54 767.127 or maintained
11separately from the case file. The form may be disclosed only to the parties and their
12attorneys, a county child support enforcement agency, and any other person
13authorized by law or court order to have access to the information on the form.
SB362, s. 6 14Section 6. 767.511 (2m) of the statutes is created to read:
SB362,3,1715 767.511 (2m) Limitations on approval of stipulations. Section 767.34 (2) (a)
16and (am) provide limitations on the court's approval of stipulations relating to child
17support.
SB362, s. 7 18Section 7. 767.59 (1c) (b) of the statutes is amended to read:
SB362,3,2119 767.59 (1c) (b) A court may not revise or modify a judgment or order that waives
20maintenance payments for either party or a judgment or order with respect to final
21division of property
.
SB362, s. 8 22Section 8. 767.61 (4m) of the statutes is created to read:
SB362,3,2523 767.61 (4m) Limitation on approval of stipulations. Section 767.34 (2) (b)
24provides a limitation on the court's approval of stipulations relating to property
25division.
SB362, s. 9
1Section 9. 767.61 (7) of the statutes is created to read:
SB362,4,32 767.61 (7) Revision prohibited. A court may not revise or modify a judgment
3or order with respect to final division of property.
SB362, s. 10 4Section 10. 767.813 (5) (a) 4. of the statutes is amended to read:
SB362,4,75 767.813 (5) (a) 4. You are also notified that interference with the custody of a
6child is punishable by a fine of up to $10,000 and imprisonment for up to 5 3 years
7and 6 months. Section 948.31, stats.
SB362, s. 11 8Section 11. 767.865 (1) (a) of the statutes is amended to read:
SB362,4,139 767.865 (1) (a) The personal representative or, if there is no personal
10representative, a guardian ad litem in accordance with par. (b) may appear for a
11deceased respondent whenever an appearance by the respondent is required. The
12summons and petition shall be served on the personal representative of and or
13guardian ad litem for the deceased respondent under s. 767.813 (3).
SB362, s. 12 14Section 12. Initial applicability.
SB362,4,1715 (1) Social security numbers in paternity actions. The treatment of section
16767.215 (5) (am) of the statutes first applies to paternity actions that are commenced
17on the effective date of this subsection.
SB362,4,1818 (End)
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