Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB375 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 SENATE BILL 375
5	5	August 9, 2023 - Introduced by Senator TOMCZYK, cosponsored by Representatives
6	6	SORTWELL, ALLEN, BEHNKE, BODDEN, GOEBEN, GUSTAFSON, PENTERMAN, ROZAR
7	7	and WICHGERS. Referred to Committee on Mental Health, Substance Abuse
8	8	Prevention, Children and Families.
9	9	AN ACT to amend 767.511 (1j); and to create 767.511 (1p) of the statutes;
10	10	relating to: child support in the case of a parent convicted of sexual assault
11	11	that results in conception of a child.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill expressly provides that if a child is conceived and born as the result
14	14	of a sexual assault, certain individuals may file an action for child support, even if
15	15	the perpetrator's parental rights have been terminated. The bill provides that if the
16	16	individual bringing the support action proves that the child for which support is
17	17	sought was conceived as a result of a sexual assault—as shown by evidence of a final
18	18	judgment of conviction indicating that the person who may be the father of the child
19	19	committed, during a possible time of conception, any of the crimes of sexual assault
20	20	specified in the bill against the mother of the child—the court, after considering the
21	21	factors applicable under current law to establish an amount of child support, must
22	22	determine an amount of support. Under the bill, after determining an amount of
23	23	support, the court must set a fixed sum order of child support at an amount equal to
24	24	two times that amount. The bill provides that parties may seek a modification of the
25	25	order as otherwise allowed under law, but that any support amount ordered as a
26	26	result must still be doubled.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
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33	33	SECTION 1 SENATE BILL 375
34	34	SECTION 1. 767.511 (1j) of the statutes is amended to read:
35	35	767.511 (1j) PERCENTAGE STANDARD GENERALLY REQUIRED. Except as provided in
36	36	sub. subs. (1m) and (1p), the court shall determine child support payments by using
37	37	the percentage standard established by the department under s. 49.22 (9).
38	38	SECTION 2. 767.511 (1p) of the statutes is created to read:
39	39	767.511 (1p) DEVIATION FROM STANDARD; SUPPORT FOR CHILD RESULTING FROM
40	40	SEXUAL ASSAULT. (a) Regardless of whether termination of the father's parental rights
41	41	to a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2),
42	42	or (3), 948.02 (1) or (2), 948.025, or 948.085 is granted by a court under ch. 48, any
43	43	person who would otherwise be permitted to commence an action under s. 767.501
44	44	(2) for support of a child conceived may bring an action to compel child support under
45	45	s. 767.001 (1) (f) for the child conceived as a result of a sexual assault and the
46	46	termination of parental rights does not eliminate the perpetrator's child support
47	47	obligation for that child.
48	48	(b) If a person who commences an action for support proves that the child for
49	49	which support is sought was conceived as a result of a sexual assault in violation of
50	50	s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085 by evidence of a final
51	51	judgment of conviction indicating that the person who may be the father of the child
52	52	committed, during a possible time of conception, a sexual assault as specified in this
53	53	paragraph against the mother of the child, the court, after considering the factors set
54	54	forth in this section, shall determine an amount of support and then set a fixed sum
55	55	order of child support at an amount equal to 2 times that amount. The parties may
56	56	seek modification of the order as permitted under s. 767.59, but any support amount
57	57	resulting from a modification shall always be subject to multiplication by 2 under
58	58	this paragraph.
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84	84	LRB-3916/1
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86	86	SECTION 2
87	87	SENATE BILL 375
88	88	(c) If the court orders child support under this subsection, the court shall state
89	89	in writing or on the record the amount of support that would be required by using
90	90	the percentage standard, the amount by which the court's order deviates from that
91	91	amount, including the multiplication required under this subsection, and its reasons
92	92	for the amount of modification, including any description of its reasoning or bases
93	93	required for purposes under sub. (1n) or this subsection.
94	94	(END)
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