AB42,15,94 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c),
5the court may not approve a stipulation for the revision of a judgment or order with
6respect to an amount of child support or family support unless the stipulation
7provides for payment of an amount of child support or family support that is
8determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14),
9767.511, 767.804 (3), 767.805 (4), or 767.89, whichever is appropriate.

AB42,15,1711 767.73 (1) (a) In this subsection, "support payment" means a payment ordered
12for support under s. 767.521, support under s. 767.501, child support or family
13support under s. 767.225, child support under s. 767.511, family support under s.
14767.531, revised child or family support under s. 767.59, child support under s.
15767.863 (3), child support under s. 767.85, child support under s. 767.89, child
16support under s. 767.804 (3), child support under s. 767.805 (4), child support under
17ch. 769, or child support under s. 948.22 (7).

AB42,16,219 767.75 (1) (b) "Payment order" means an order for child support under this
20chapter, for maintenance payments under s. 767.225 or 767.56, for family support
21under this chapter, for costs ordered under s. 767.804 (3), 767.805 (4), or 767.89 (3),
22for support by a spouse under s. 767.001 (1) (f), or for maintenance payments under
23s. 767.001 (1) (g); an order for or obligation to pay the annual receiving and
24disbursing fee under s. 767.57 (1e) (a); an order for a revision in a judgment or order
25with respect to child support, maintenance, or family support payments under s.

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1767.59; a stipulation approved by the court for child support under this chapter; and
2an order for child or spousal support entered under s. 948.22 (7).

AB42,16,124 767.77 (1) Definition. In this section, "payment obligation" means an
5obligation to pay support under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183
6(4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2), support or maintenance under
7s. 767.501, child support, family support, or maintenance under s. 767.225, child
8support under s. 767.511, maintenance under s. 767.56, family support under s.
9767.531, attorney fees under s. 767.241, child support or a child's health care
10expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805 (4),
11767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal support
12under s. 948.22 (7).

AB42,16,1814 767.78 (1) Definition. In this section, "financial obligation" means an
15obligation for payment incurred under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2),
16767.225, 767.241, 767.511, 767.531, 767.56, 767.61, 767.71, 767.804 (3), 767.805 (4),
17767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or
18938.363 (2).

AB42,16,2320 767.80 (1) Who may bring action or file motion. (intro.) The following persons
21may bring an action or file a motion, including an action or motion for declaratory
22judgment, for the purpose of determining the paternity of a child, or for the purpose
23of rebutting the presumption of paternity under s. 891.405, 891.407, or 891.41 (1):

AB42,17,2

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1767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male presumed to
2be the child's father under s. 891.405, 891.407, or 891.41 (1).

AB42,17,44 767.80 (1) (hm) The state as provided under s. 767.804 (1) (d).

AB42,17,246 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
7767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
8male is presumed the child's father under s. 891.41 (1), is adjudicated the child's
9father either under s. 767.89 or by final order or judgment of a court of competent
10jurisdiction in another state, is conclusively determined to be the child's father from
11genetic test results under s. 767.804, or has acknowledged himself to be the child's
12father under s. 767.805 (1) or a substantially similar law of another state, no order
13or temporary order may be entered for child support, legal custody, or physical
14placement until the male is adjudicated the father using the procedure set forth in
15this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804,
16767.805, 767.85, and 769.401, the exclusive procedure for establishment of child
17support obligations, legal custody, or physical placement rights for a male who is not
18presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
19determined to be the child's father from genetic test results under s. 767.804, or
20acknowledged under s. 767.805 (1) or a substantially similar law of another state to
21be the father is by an action under this subchapter, except s. 767.804 or 767.805, or
22under s. 769.701. No person may waive the use of this procedure. If a presumption
23under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the
24presumption.

AB42,18,213 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
4767.804, 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a
5male is presumed the child's father under s. 891.41 (1), is adjudicated the child's
6father either under s. 767.89 or by final order or judgment of a court of competent
7jurisdiction in another state, is conclusively determined to be the child's father from
8genetic test results under s. 767.804, or has acknowledged himself to be the child's
9father under s. 767.805 (1) or a substantially similar law of another state, no order
10or temporary order may be entered for child support, legal custody, or physical
11placement until the male is adjudicated the father using the procedure set forth in
12this subchapter, except s. 767.804 or 767.805. Except as provided in ss. 767.804,
13767.805, 767.85, and 769.401, the exclusive procedure for establishment of child
14support obligations, legal custody, or physical placement rights for a male who is not
15presumed the child's father under s. 891.41 (1), adjudicated the father, conclusively
16determined to be the child's father from genetic test results under s. 767.804, or
17acknowledged under s. 767.805 (1) or a substantially similar law of another state to
18be the father is by an action under this subchapter, except s. 767.804 or 767.805, or
19under s. 769.402. No person may waive the use of this procedure. If a presumption
20under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the
21presumption.

AB42,19,523 767.80 (6m) When action must be commenced. The attorney designated under
24sub. (6) (a) shall commence an action under this section on behalf of the state within
256 months after receiving notification under s. 69.03 (15) that no father is named on

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1the birth certificate of a child who is a resident of the county if paternity has not been
2conclusively determined from genetic test results under s. 767.804, acknowledged
3under s. 767.805 (1) or a substantially similar law of another state , or adjudicated,
4except in situations under s. 69.14 (1) (g) and (h) and as provided by the department
5by rule.

AB42,19,12 7767.804 Genetic test results. (1) Conclusive determination of paternity.
8(a) If genetic tests have been performed with respect to a child, the child's mother,
9and a male alleged, or alleging himself, to be the child's father, the test results
10constitute a conclusive determination of paternity, which shall be effective on the
11date on which the report under par. (c) is submitted to the state registrar and which
12shall be of the same effect as a judgment of paternity, if all of the following apply:

AB42,19,1313 1. Both the child's mother and the male are over the age of 18 years.

AB42,19,1414 2. The genetic tests were performed under s. 49.225.

AB42,19,1615 3. The test results show that the male is not excluded as the father and that
16the statistical probability of the male's parentage is 99.0 percent or higher.

AB42,19,1717 4. No other male is presumed to be the father under s. 891.405 or 891.41 (1).

AB42,19,2318 (b) If the county child support agency under s. 59.53 (5) receives genetic test
19results described in par. (a) 3. and the requirements under par. (a) are satisfied, the
20county child support agency shall send notice to the parties by regular mail at their
21last-known addresses. The notice must be sent at least 15 days in advance of the
22date on which the county child support agency intends to file the report under par.
23(c) and shall advise the parties of all of the following:

AB42,19,2424 1. The test results.

AB42,20,2

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12. That the report under par. (c) will be filed with the state registrar if the father
2does not timely object under subd. 4., and the date on which the report will be filed.

AB42,20,43 3. That an action affecting the family concerning custody, child support, or
4physical placement rights may be brought with respect to the parties.

AB42,20,85 4. That the father may object to the test results by submitting an objection in
6writing to the county child support agency no later than the day before the date
7specified in subd. 2., and that, if the father submits an objection, the state will
8commence a paternity action.

AB42,20,149 (c) 1. If the male does not timely submit an objection under par. (b) 4., the county
10child support agency shall file with the state registrar a report showing the names,
11dates, and birth places of the child and the father, the social security numbers of the
12mother, father, and child, and the maiden name of the mother on a form prescribed
13by the state registrar, along with the fee set forth in s. 69.22 (5), if any, which the
14county child support agency shall collect.

AB42,20,1815 2. The department shall pay, and may not require the county or county child
16support agency to reimburse the department for the cost of a fee for inserting the
17father's name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support
18agency is unable to collect the fee.

AB42,20,2219 (d) If the male timely submits an objection under par. (b) 4., the county child
20support agency shall commence an action under s. 767.80 (1) on behalf of the state.
21The genetic test results described in par. (a) are admissible in an action commenced
22under this paragraph.

AB42,21,3 23(2) Actions. Unless sub. (1) (d) applies, an action affecting the family
24concerning custody, child support, or physical placement rights may be brought
25under this subsection with respect to a child's mother and a male who, along with the

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1child, were the subjects of genetic tests, the results of which constitute a conclusive
2determination of paternity under sub. (1). Except as provided in s. 767.407, in an
3action under this subsection the court may appoint a guardian ad litem for the child.

AB42,21,6 4(3) Orders. In an action under sub. (2), if the child's mother and the male had
5notice of the hearing, the court shall make an order that contains all of the following
6provisions:

AB42,21,87 (a) Orders for the legal custody of and periods of physical placement with the
8child, determined in accordance with s. 767.41.

AB42,21,139 (b) An order requiring either or both of the parents to contribute to the support
10of any child of the parties who is less than 18 years old, or any child of the parties who
11is less than 19 years old if the child is pursuing an accredited course of instruction
12leading to the acquisition of a high school diploma or its equivalent, determined in
13accordance with s. 767.511.

AB42,21,1614 (c) A determination as to which parent, if eligible, shall have the right to claim
15the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or
16as an exemption for state tax purposes under s. 71.07 (8) (b).

AB42,21,2317 (d) 1. An order establishing the amount of the father's obligation to pay or
18contribute to the reasonable expenses of the mother's pregnancy and the child's
19birth. The amount established may not exceed one-half of the total actual and
20reasonable pregnancy and birth expenses. The order also shall specify the court's
21findings as to whether the father's income is at or below the poverty line established
22under 42 USC 9902 (2), and shall specify whether periodic payments are due on the
23obligation, based on the father's ability to pay or contribute to those expenses.

AB42,22,224 2. If the order does not require periodic payments because the father has no
25present ability to pay or contribute to the expenses, the court may modify the

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1judgment or order at a later date to require periodic payments if the father has the
2ability to pay at that time.

AB42,22,43 (e) An order requiring either or both parties to pay or contribute to the costs
4of guardian ad litem fees, if any, and other costs.

AB42,22,65 (f) An order requiring either party to pay or contribute to the attorney fees of
6the other party.

AB42,22,9 7(3m) Change of child's name. (a) Upon the request of both parents, the court
8shall include in the order under sub. (3) an order changing the name of the child to
9a name agreed upon by the parents.

AB42,22,1310 (b) Except as provided in par. (a), the court may include an order changing the
11surname of the child to a surname that consists of the surnames of both parents
12separated by a hyphen or, if one or both parents have more than one surname, of one
13of the surnames of each parent separated by a hyphen, if all of the following apply:

AB42,22,1614 1. Only one parent requests that the child's name be changed, or both parents
15request that the child's name be changed but each parent requests a different name
16change.

AB42,22,1717 2. The court finds that such a name change is in the child's best interest.

AB42,22,1818 (c) Section 786.36 does not apply to a name change under this subsection.

AB42,22,23 19(4) Liability for past support. (a) Subject to par. (b), liability for past support
20of the child shall be limited to support for the period after the day on which the
21petition, motion, or order to show cause requesting support is filed in the action for
22support under sub. (2), unless a party shows, to the satisfaction of the court, all of the
23following:

AB42,22,2524 1. That he or she was induced to delay commencing the action by any of the
25following:

AB42,23,1

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1a. Duress or threats.

AB42,23,32 b. Actions, promises, or representations by the other party upon which the
3party relied.

AB42,23,44 c. Actions taken by the other party to evade proceedings under sub. (2).

AB42,23,65 2. That, after the inducement ceased to operate, he or she did not unreasonably
6delay in commencing the action.

AB42,23,87 (b) In no event may liability for past support of the child be imposed for any
8period before the birth of the child.

AB42,23,1110 767.82 (2) Presumption. Presumption of paternity shall be as provided in ss.
11891.39, 891.405, 891.407, and 891.41 (1).

AB42,23,1613 767.82 (2m) Custody pending court order. If there is no presumption of
14paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic
15test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother
16shall have sole legal custody of the child until the court orders otherwise.

AB42,24,619 767.84 (1) (a) (intro.) The Except as provided in ss. 767.855 and 767.863, and
20except in actions to which s. 767.893 applies, the court may, and upon request of a
21party shall, require the child, mother, any male for whom there is probable cause to
22believe that he had sexual intercourse with the mother during a possible time of the
23child's conception, or any male witness who testifies or will testify about his sexual
24relations with the mother at a possible time of conception to submit to genetic tests.
25Probable cause of sexual intercourse during a possible time of conception may be

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1established by a sufficient petition or affidavit of the child's mother or an alleged
2father, filed with the court, or after an examination under oath of a party or witness,
3when the court determines that an examination is necessary. The court is not
4required to order a person who has undergone a genetic test under s. 49.225 to submit
5to another genetic test under this paragraph unless a party requests additional tests
6under sub. (2). with respect to any of the following:

AB42,24,98 767.84 (1) (a) 1. A person who has undergone a genetic test under s. 49.225,
9unless a party requests additional tests under sub. (2).

AB42,24,1211 767.84 (1) (a) 2. A deceased respondent if genetic material is not available
12without undue hardship as provided in s. 767.865 (2).

AB42,24,1814 767.84 (1) (a) 3. a. Except as provided in subd. 3. b., a male respondent who fails
15to appear, if genetic test results with respect to another man show that the other man
16is not excluded as the father and that the statistical probability of the other man's
17parentage is 99.0 percent or higher creating a presumption of the other man's
18paternity.

AB42,24,2019 b. Subdivision 3. a. does not apply if the presumption of the other man's
20paternity is rebutted.

AB42,25,5 23767.855 Dismissal if adjudication not in child's best interest. (intro.)
24Except as provided in s. 767.863 (1m), at any time in an action to establish the
25paternity of a child, upon the motion of a party or guardian ad litem, the court or

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1supplemental court commissioner under s. 757.675 (2) (g) may, with respect to a
2male, refuse to order genetic tests, if genetic tests have not yet been taken, and
3dismiss the action do any of the following if the court or supplemental court
4commissioner determines that a judicial determination of whether the male is the
5father of the child is not in the best interest of the child.:

AB42,25,77 767.855 (1) Refuse to order genetic tests.

AB42,25,109 767.855 (2) Dismiss the action, regardless of whether genetic tests have been
10performed or what the results of the tests, if performed, were.

AB42,25,1512 767.87 (8) Burden of proof. The party bringing an action for the purpose of
13determining paternity or for the purpose of declaring the nonexistence of paternity
14presumed under s. 891.405, 891.407, or 891.41 (1) shall have the burden of proving
15the issues involved by clear and satisfactory preponderance of the evidence.

AB42,25,1817 769.201 (7m) The individual was conclusively determined from genetic test
18results to be the father under s. 767.804.

AB42,25,2120 802.12 (3) (d) 1. Custody and physical placement under s. 767.41, 767.804 (3),
21767.805 (4), 767.863 (3), or 767.89 (3).

AB42,25,2423 802.12 (3) (d) 3. Child support under s. 767.511, 767.804 (3), 767.805 (4),
24767.863 (3), or 767.89 (3).

AB42,26,2

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1808.075 (4) (d) 9. Enforcement of payments under s. 767.77, 767.804 (3),
2767.805 (4), or 767.89.

AB42,26,54 808.075 (4) (d) 10. Enforcement of orders under s. s. 767.78, 767.804 (3),
5767.805 (4), or 767.89.

AB42,26,127 852.05 (2) Property of a child born to unmarried parents passes in accordance
8with s. 852.01 except that the father or the father's kindred can inherit only if the
9father has been adjudicated to be the father in a paternity proceeding under ch. 767
10or by final order or judgment of a court of competent jurisdiction in another state or
11has been determined to be the father under s. 767.804 or 767.805 or a substantially
12similar law of another state.