Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB163 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-2388/1
3	3	MDE:emw
4	4	2025 SENATE BILL 163
5	5	March 27, 2025 - Introduced by Senators JAMES and NASS, cosponsored by
6	6	Representatives TUSLER, ARMSTRONG, BEHNKE, BRILL, DITTRICH, KNODL,
7	7	KREIBICH, O'CONNOR and PIWOWARCZYK. Referred to Committee on Mental
8	8	Health, Substance Abuse Prevention, Children and Families.
9	9
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 767.58 (1); to amend 767.58 (2) and 767.59
12	12	(3); to create 767.58 (1g), 767.58 (1r) (cm), 767.58 (3) and 767.58 (4) of the
13	13	statutes; relating to: income change notifications for child support or
14	14	maintenance orders.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill makes changes to the requirements for notice of a change of employer,
17	17	address, and ability to pay for parties in child support and maintenance
18	18	agreements.
19	19	Under current law, the requirements for a notice of a change of employer,
20	20	address, or ability to pay in child support and maintenance agreements apply only
21	21	to payers of child support or maintenance. The bill extends these requirements to
22	22	payees. The bill also specifies that the type of income for which a party must notify
23	23	the other party of a change is defined by rule by the Department of Children and
24	24	Families. DCF currently defines Xgross incomeY for child support purposes to
25	25	include a number of income sources, including wages and salaries, investment
26	26	income, and certain benefits.
27	27	The bill establishes that in an order for child support, but not maintenance,
28	28	neither party is required to disclose income that is not considered gross income
29	29	under DCF rules and the payee is not required to disclose a change in employer or
30	30	income if the payer is not a Xshared-placement parent,Y as defined by DCF.
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34	34	4 2025 - 2026 Legislature
35	35	SENATE BILL 163
36	36	- 2 - LRB-2388/1
37	37	MDE:emw
38	38	SECTION 1
39	39	The bill also removes references to Xfamily support,Y an alternative form of
40	40	support that combined child support and maintenance into a single obligation.
41	41	Orders for family support in this state were eliminated by 2021 Wisconsin Act 35.
42	42	Finally, the bill allows a party to redact certain personally identifying
43	43	information from an income change notice to another party, establishes the
44	44	confidentiality of any information disclosed as part of an income change notice, and
45	45	establishes that an individual who fails to provide an income change notice required
46	46	under law may be proceeded against for contempt of court and may be required to
47	47	provide damages, including reasonable attorney fees.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 767.58 (1) of the statutes is renumbered 767.58 (1r), and 767.58
51	51	(1r) (a), (b) and (c), as renumbered, are amended to read:
52	52	767.58 (1r) (a) Each order for child support, family support, or maintenance
53	53	payments shall include an order that the payer and payee notify the county child
54	54	support agency under s. 59.53 (5) of any change of address within 10 business days
55	55	of the change.
56	56	(b) Each order for child support, family support, or maintenance payments
57	57	shall also include an order that the payer and payee notify the county child support
58	58	agency under s. 59.53 (5) and the payee other party, within 10 business days, of any
59	59	change of employer and of any substantial change in the amount of his or her gross
60	60	income, including receipt of bonus compensation as defined by rule by the
61	61	department, affecting his or her ability to pay, or the amount of, child support,
62	62	family support, or maintenance. The order shall also include a statement that
63	63	notification of any substantial change in the amount of the payer[s party[s income
64	64	will not result in a change of the order unless a revision of the order under s. 767.59
65	65	or an annual adjustment of the child or family support amount under s. 767.553 is
66	66	sought.
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84	84	SENATE BILL 163
85	85	- 3 - LRB-2388/1
86	86	MDE:emw
87	87	SECTION 1
88	88	(c) Each order for family child support or maintenance payments shall include
89	89	an order requiring the payee to notify the court and the payer within 10 business
90	90	days of the payee[s remarriage.
91	91	SECTION 2. 767.58 (1g) of the statutes is created to read:
92	92	767.58 (1g) DEFINITION. In this section, Xshared-placement parentY means a
93	93	parent who has a court-ordered period of placement of at least 25 percent and is
94	94	ordered by the court to assume the child[s basic support costs in proportion to the
95	95	time that the parent has placement of the child.
96	96	SECTION 3. 767.58 (1r) (cm) of the statutes is created to read:
97	97	767.58 (1r) (cm) If a payer is ordered to provide only child support payments,
98	98	all of the following apply:
99	99	1. Neither party is required to disclose income that is not considered gross
100	100	income by the department.
101	101	2. The payee is not required to notify the payer of the payee[s change in
102	102	employer or income if the payer is not a shared-placement parent.
103	103	SECTION 4. 767.58 (2) of the statutes is amended to read:
104	104	767.58 (2) INFORMATION FOR CHILD SUPPORT AGENCY. When an order is
105	105	entered under sub. (1) (1r), each party shall provide to the county child support
106	106	agency under s. 59.53 (5) his or her social security number, residential and mailing
107	107	addresses, telephone number, operator[s license number and the name, address and
108	108	telephone number of his or her employer. A party shall advise the county child
109	109	support agency under s. 59.53 (5) of any change in the information provided under
110	110	this subsection within 10 business days after the change.
111	111	SECTION 5. 767.58 (3) of the statutes is created to read:
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136	136	SENATE BILL 163
137	137	- 4 - LRB-2388/1
138	138	MDE:emw
139	139	SECTION 5
140	140	767.58 (3) REDACTING PERSONALLY IDENTIFYING INFORMATION. A party may
141	141	redact or remove the following personally identifying information from documents
142	142	provided under sub. (1r) (b) to another party unless otherwise ordered by the court:
143	143	(a) The party[s home or work address if the party is participating in the
144	144	program under s. 165.68 or if the party[s address is otherwise protected or sealed.
145	145	(b) The name, date of birth, and address of the party[s spouse.
146	146	(c) The name, date of birth, and other personally identifying information of a
147	147	minor child not related to the other party.
148	148	(d) Any social security number.
149	149	(e) An identification number assigned by an employer.
150	150	(f) A taxpayer identification number assigned by the department of revenue
151	151	or federal internal revenue service.
152	152	(g) Any depository account number, investment account number, or other
153	153	personally identifying number related to any investment tool.
154	154	(h) A military identification number.
155	155	(i) Any other personally identifying information that is intended to be used to
156	156	access services, funds, or benefits of any kind to which an individual is entitled.
157	157	(j) Any other personally identifying information that is not required to
158	158	determine the income or financial status of the party.
159	159	SECTION 6. 767.58 (4) of the statutes is created to read:
160	160	767.58 (4) CONFIDENTIALITY; FAILURE TO DISCLOSE. Information disclosed
161	161	under this section is subject to s. 767.127 (3). A party who fails to furnish
162	162	information required by the court under this section may be proceeded against for
163	163	contempt of court under ch. 785. If the court finds that a party has failed to furnish
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187	187	24 2025 - 2026 Legislature
188	188	SENATE BILL 163
189	189	- 5 - LRB-2388/1
190	190	MDE:emw
191	191	SECTION 6
192	192	information required under this section, the court may award to the party bringing
193	193	the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
194	194	SECTION 7. 767.59 (3) of the statutes is amended to read:
195	195	767.59 (3) REMARRIAGE; VACATING MAINTENANCE ORDER. After a final
196	196	judgment requiring maintenance payments has been rendered and the payee has
197	197	remarried, the court shall, on application of the payer with notice to the payee and
198	198	upon proof of the payee[s remarriage, or upon receiving notice from the payee of the
199	199	payee[s remarriage, as required under s. 767.58 (1) (1r) (c), vacate the order
200	200	requiring the maintenance payments.
201	201	(END)
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