Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB153 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1546/1
3	3	MDE:emw
4	4	2025 ASSEMBLY BILL 153
5	5	April 2, 2025 - Introduced by Representatives TUSLER, ARMSTRONG, BRILL,
6	6	DITTRICH, KNODL, KREIBICH, O'CONNOR, PIWOWARCZYK and BEHNKE,
7	7	cosponsored by Senators JAMES and NASS. Referred to Committee on Children
8	8	and Families.
9	9	AN ACT to renumber and amend 767.58 (1); to amend 767.58 (2) and 767.59
10	10	(3); to create 767.58 (1g), 767.58 (1r) (cm), 767.58 (3) and 767.58 (4) of the
11	11	statutes; relating to: income change notifications for child support or
12	12	maintenance orders.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill makes changes to the requirements for notice of a change of employer,
15	15	address, and ability to pay for parties in child support and maintenance
16	16	agreements.
17	17	Under current law, the requirements for a notice of a change of employer,
18	18	address, or ability to pay in child support and maintenance agreements apply only
19	19	to payers of child support or maintenance. The bill extends these requirements to
20	20	payees. The bill also specifies that the type of income for which a party must notify
21	21	the other party of a change is defined by rule by the Department of Children and
22	22	Families. DCF currently defines Xgross incomeY for child support purposes to
23	23	include a number of income sources, including wages and salaries, investment
24	24	income, and certain benefits.
25	25	The bill establishes that in an order for child support, but not maintenance,
26	26	neither party is required to disclose income that is not considered gross income
27	27	under DCF rules and the payee is not required to disclose a change in employer or
28	28	income if the payer is not a Xshared-placement parent,Y as defined by DCF.
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32	32	4 2025 - 2026 Legislature
33	33	ASSEMBLY BILL 153
34	34	- 2 - LRB-1546/1
35	35	MDE:emw
36	36	SECTION 1
37	37	The bill also removes references to Xfamily support,Y an alternative form of
38	38	support that combined child support and maintenance into a single obligation.
39	39	Orders for family support in this state were eliminated by 2021 Wisconsin Act 35.
40	40	Finally, the bill allows a party to redact certain personally identifying
41	41	information from an income change notice to another party, establishes the
42	42	confidentiality of any information disclosed as part of an income change notice, and
43	43	establishes that an individual who fails to provide an income change notice required
44	44	under law may be proceeded against for contempt of court and may be required to
45	45	provide damages, including reasonable attorney fees.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 767.58 (1) of the statutes is renumbered 767.58 (1r), and 767.58
49	49	(1r) (a), (b) and (c), as renumbered, are amended to read:
50	50	767.58 (1r) (a) Each order for child support, family support, or maintenance
51	51	payments shall include an order that the payer and payee notify the county child
52	52	support agency under s. 59.53 (5) of any change of address within 10 business days
53	53	of the change.
54	54	(b) Each order for child support, family support, or maintenance payments
55	55	shall also include an order that the payer and payee notify the county child support
56	56	agency under s. 59.53 (5) and the payee other party, within 10 business days, of any
57	57	change of employer and of any substantial change in the amount of his or her gross
58	58	income, including receipt of bonus compensation as defined by rule by the
59	59	department, affecting his or her ability to pay, or the amount of, child support,
60	60	family support, or maintenance. The order shall also include a statement that
61	61	notification of any substantial change in the amount of the payer[s party[s income
62	62	will not result in a change of the order unless a revision of the order under s. 767.59
63	63	or an annual adjustment of the child or family support amount under s. 767.553 is
64	64	sought.
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82	82	ASSEMBLY BILL 153
83	83	- 3 - LRB-1546/1
84	84	MDE:emw
85	85	SECTION 1
86	86	(c) Each order for family child support or maintenance payments shall include
87	87	an order requiring the payee to notify the court and the payer within 10 business
88	88	days of the payee[s remarriage.
89	89	SECTION 2. 767.58 (1g) of the statutes is created to read:
90	90	767.58 (1g) DEFINITION. In this section, Xshared-placement parentY means a
91	91	parent who has a court-ordered period of placement of at least 25 percent and is
92	92	ordered by the court to assume the child[s basic support costs in proportion to the
93	93	time that the parent has placement of the child.
94	94	SECTION 3. 767.58 (1r) (cm) of the statutes is created to read:
95	95	767.58 (1r) (cm) If a payer is ordered to provide only child support payments,
96	96	all of the following apply:
97	97	1. Neither party is required to disclose income that is not considered gross
98	98	income by the department.
99	99	2. The payee is not required to notify the payer of the payee[s change in
100	100	employer or income if the payer is not a shared-placement parent.
101	101	SECTION 4. 767.58 (2) of the statutes is amended to read:
102	102	767.58 (2) INFORMATION FOR CHILD SUPPORT AGENCY. When an order is
103	103	entered under sub. (1) (1r), each party shall provide to the county child support
104	104	agency under s. 59.53 (5) his or her social security number, residential and mailing
105	105	addresses, telephone number, operator[s license number and the name, address and
106	106	telephone number of his or her employer. A party shall advise the county child
107	107	support agency under s. 59.53 (5) of any change in the information provided under
108	108	this subsection within 10 business days after the change.
109	109	SECTION 5. 767.58 (3) of the statutes is created to read:
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134	134	ASSEMBLY BILL 153
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136	136	MDE:emw
137	137	SECTION 5
138	138	767.58 (3) REDACTING PERSONALLY IDENTIFYING INFORMATION. A party may
139	139	redact or remove the following personally identifying information from documents
140	140	provided under sub. (1r) (b) to another party unless otherwise ordered by the court:
141	141	(a) The party[s home or work address if the party is participating in the
142	142	program under s. 165.68 or if the party[s address is otherwise protected or sealed.
143	143	(b) The name, date of birth, and address of the party[s spouse.
144	144	(c) The name, date of birth, and other personally identifying information of a
145	145	minor child not related to the other party.
146	146	(d) Any social security number.
147	147	(e) An identification number assigned by an employer.
148	148	(f) A taxpayer identification number assigned by the department of revenue
149	149	or federal internal revenue service.
150	150	(g) Any depository account number, investment account number, or other
151	151	personally identifying number related to any investment tool.
152	152	(h) A military identification number.
153	153	(i) Any other personally identifying information that is intended to be used to
154	154	access services, funds, or benefits of any kind to which an individual is entitled.
155	155	(j) Any other personally identifying information that is not required to
156	156	determine the income or financial status of the party.
157	157	SECTION 6. 767.58 (4) of the statutes is created to read:
158	158	767.58 (4) CONFIDENTIALITY; FAILURE TO DISCLOSE. Information disclosed
159	159	under this section is subject to s. 767.127 (3). A party who fails to furnish
160	160	information required by the court under this section may be proceeded against for
161	161	contempt of court under ch. 785. If the court finds that a party has failed to furnish
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186	186	ASSEMBLY BILL 153
187	187	- 5 - LRB-1546/1
188	188	MDE:emw
189	189	SECTION 6
190	190	information required under this section, the court may award to the party bringing
191	191	the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
192	192	SECTION 7. 767.59 (3) of the statutes is amended to read:
193	193	767.59 (3) REMARRIAGE; VACATING MAINTENANCE ORDER. After a final
194	194	judgment requiring maintenance payments has been rendered and the payee has
195	195	remarried, the court shall, on application of the payer with notice to the payee and
196	196	upon proof of the payee[s remarriage, or upon receiving notice from the payee of the
197	197	payee[s remarriage, as required under s. 767.58 (1) (1r) (c), vacate the order
198	198	requiring the maintenance payments.
199	199	(END)
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