Terms Used In Wisconsin Statutes 767.804

  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)    Conclusive determination of paternity.
767.804(1)(a) (a) If genetic tests have been performed with respect to a child, the child’s mother, and a male alleged, or alleging himself, to be the child’s father, the test results constitute a conclusive determination of paternity, effective on the date on which the report under par. (c) is submitted to the state registrar, which has the same effect as a judgment of paternity, if all of the following apply:
         1.    Both the child’s mother and the male are over the age of 18 years.
         2.    The genetic tests were required to be performed by a county child support agency under s. 59.53 (5) pursuant to s. 49.225.
         3.    The test results show that the male is not excluded as the father and that the statistical probability of the male’s parentage is 99.0 percent or higher.
         4.    No other male is presumed to be the father under s. 891.405 or 891.41 (1).
      (b)    When the county child support agency under s. 59.53 (5) receives genetic test results described in par. (a) 3. and the requirements under par. (a) are satisfied, the county child support agency shall send notice to the mother and male by regular mail at their last-known addresses. The notice must be sent at least 15 days in advance of the date on which the county child support agency intends to file the report under par. (c) and shall advise the mother and male of all of the following:
         1.    The test results.
         2.    That the report under par. (c) will be filed with the state registrar if neither the mother nor the male timely objects under subd. 4., and the date on which the report will be filed.
         3.    That an action affecting the family concerning custody, child support, or physical placement rights may be brought with respect to the mother and male.
         4.    That the mother or the male, or both, may object to the test results by submitting an objection in writing to the county child support agency no later than the day before the date specified in subd. 2., and that, if either the mother or the male timely submits an objection, the state will commence a paternity action.
      (c)   
         1.    If neither the mother nor the male timely submits an objection under par. (b) 4., the county child support agency shall file with the state registrar a report showing the names, dates, and birth places of the child and the father, the social security numbers of the mother, father, and child, and the maiden name of the mother on a form prescribed by the state registrar, along with the fee set forth in s. 69.22 (5), if any, which the county child support agency shall collect.
         2.    The department shall pay, and may not require the county or county child support agency to reimburse the department, for the cost of a fee for inserting the father’s name on a birth certificate under s. 69.15 (3) (a) 3. if the county child support agency is unable to collect the fee.
      (d)    If either the mother or the male timely submits an objection under par. (b) 4., the county child support agency shall commence an action under s. 767.80 (1) on behalf of the state. The genetic test results described in par. (a) are admissible in an action commenced under this paragraph.
   (2)   Actions. Unless sub. (1) (d) applies, an action affecting the family concerning custody, child support, or physical placement rights may be brought under this subsection with respect to a child’s mother and a male who, along with the child, were the subjects of genetic tests, the results of which constitute a conclusive determination of paternity under sub. (1). Except as provided in s. 767.407, in an action under this subsection the court may appoint a guardian ad litem for the child.
   (3)   Orders. In an action under sub. (2), if the child’s custodial and noncustodial parent had notice of the hearing, the court shall make an order that contains all of the following provisions:
      (a)    Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.41.
      (b)    An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.511.
      (c)    A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c), or as an exemption for state tax purposes under s. 71.07 (8) (b).
      (d)   
         1.    An order establishing the amount of the father’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court’s findings as to whether the father’s income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father’s ability to pay or contribute to those expenses.
         2.    If the order does not require periodic payments because the father has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father has the ability to pay at that time.
      (e)    An order requiring either or both parties to pay or contribute to the costs of guardian ad litem fees, if any, and other costs.
      (f)    An order requiring either party to pay or contribute to the attorney fees of the other party.
   (3m)   Change of child’s name.
      (a)    Upon the request of both parents, the court shall include in the order under sub. (3) an order changing the name of the child to a name agreed upon by the parents.
      (b)    Except as provided in par. (a), the court may include an order changing the surname of the child to a surname that consists of the surnames of both parents separated by a hyphen or, if one or both parents have more than one surname, of one of the surnames of each parent separated by a hyphen, if all of the following apply:
         1.    Only one parent requests that the child’s name be changed, or both parents request that the child’s name be changed but each parent requests a different name change.
         2.    The court finds that such a name change is in the child’s best interest.
      (c)    Section 786.36 does not apply to a name change under this subsection.
   (4)   Liability for past support.
767.804(4)(a) (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the petition, motion, or order to show cause requesting support is filed in the action for support under sub. (2), unless a party shows, to the satisfaction of the court, all of the following:
         1.    That he or she was induced to delay commencing the action by any of the following:
            a.    Duress or threats.
            b.    Actions, promises, or representations by the other party upon which the party relied.
            c.    Actions taken by the other party to evade proceedings under sub. (2).
         2.    That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.
      (b)    In no event may liability for past support of the child be imposed for any period before the birth of the child.