Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB376 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 376
5	5	August 11, 2023 - Introduced by Representatives SORTWELL, ALLEN, BEHNKE,
6	6	BODDEN, GOEBEN, GUSTAFSON, PENTERMAN, ROZAR, WICHGERS and MURPHY,
7	7	cosponsored by Senator TOMCZYK. Referred to Committee on Children and
8	8	Families.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 767.511 (1j); and to create 767.511 (1p) of the statutes;
11	11	relating to: child support in the case of a parent convicted of sexual assault
12	12	that results in conception of a child.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill expressly provides that if a child is conceived and born as the result
15	15	of a sexual assault, certain individuals may file an action for child support, even if
16	16	the perpetrator's parental rights have been terminated. The bill provides that if the
17	17	individual bringing the support action proves that the child for which support is
18	18	sought was conceived as a result of a sexual assault—as shown by evidence of a final
19	19	judgment of conviction indicating that the person who may be the father of the child
20	20	committed, during a possible time of conception, any of the crimes of sexual assault
21	21	specified in the bill against the mother of the child—the court, after considering the
22	22	factors applicable under current law to establish an amount of child support, must
23	23	determine an amount of support. Under the bill, after determining an amount of
24	24	support, the court must set a fixed sum order of child support at an amount equal to
25	25	two times that amount. The bill provides that parties may seek a modification of the
26	26	order as otherwise allowed under law, but that any support amount ordered as a
27	27	result must still be doubled.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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32	32	3 - 2 -2023 - 2024 Legislature LRB-0509/1
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34	34	SECTION 1 ASSEMBLY BILL 376
35	35	SECTION 1. 767.511 (1j) of the statutes is amended to read:
36	36	767.511 (1j) PERCENTAGE STANDARD GENERALLY REQUIRED. Except as provided in
37	37	sub. subs. (1m) and (1p), the court shall determine child support payments by using
38	38	the percentage standard established by the department under s. 49.22 (9).
39	39	SECTION 2. 767.511 (1p) of the statutes is created to read:
40	40	767.511 (1p) DEVIATION FROM STANDARD; SUPPORT FOR CHILD RESULTING FROM
41	41	SEXUAL ASSAULT. (a) Regardless of whether termination of the father's parental rights
42	42	to a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2),
43	43	or (3), 948.02 (1) or (2), 948.025, or 948.085 is granted by a court under ch. 48, any
44	44	person who would otherwise be permitted to commence an action under s. 767.501
45	45	(2) for support of a child conceived may bring an action to compel child support under
46	46	s. 767.001 (1) (f) for the child conceived as a result of a sexual assault and the
47	47	termination of parental rights does not eliminate the perpetrator's child support
48	48	obligation for that child.
49	49	(b) If a person who commences an action for support proves that the child for
50	50	which support is sought was conceived as a result of a sexual assault in violation of
51	51	s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085 by evidence of a final
52	52	judgment of conviction indicating that the person who may be the father of the child
53	53	committed, during a possible time of conception, a sexual assault as specified in this
54	54	paragraph against the mother of the child, the court, after considering the factors set
55	55	forth in this section, shall determine an amount of support and then set a fixed sum
56	56	order of child support at an amount equal to 2 times that amount. The parties may
57	57	seek modification of the order as permitted under s. 767.59, but any support amount
58	58	resulting from a modification shall always be subject to multiplication by 2 under
59	59	this paragraph.
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85	85	LRB-0509/1
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87	87	SECTION 2
88	88	ASSEMBLY BILL 376
89	89	(c) If the court orders child support under this subsection, the court shall state
90	90	in writing or on the record the amount of support that would be required by using
91	91	the percentage standard, the amount by which the court's order deviates from that
92	92	amount, including the multiplication required under this subsection, and its reasons
93	93	for the amount of modification, including any description of its reasoning or bases
94	94	required for purposes under sub. (1n) or this subsection.
95	95	(END)
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