2025 - 2026 LEGISLATURE
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2025 SENATE BILL 163
March 27, 2025 - Introduced by Senators JAMES and NASS, cosponsored by
Representatives TUSLER, ARMSTRONG, BEHNKE, BRILL, DITTRICH, KNODL,
KREIBICH, O'CONNOR and PIWOWARCZYK. Referred to Committee on Mental
Health, Substance Abuse Prevention, Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 767.58 (1); to amend 767.58 (2) and 767.59
(3); to create 767.58 (1g), 767.58 (1r) (cm), 767.58 (3) and 767.58 (4) of the
statutes; relating to: income change notifications for child support or
maintenance orders.
Analysis by the Legislative Reference Bureau
This bill makes changes to the requirements for notice of a change of employer,
address, and ability to pay for parties in child support and maintenance
agreements.
Under current law, the requirements for a notice of a change of employer,
address, or ability to pay in child support and maintenance agreements apply only
to payers of child support or maintenance. The bill extends these requirements to
payees. The bill also specifies that the type of income for which a party must notify
the other party of a change is defined by rule by the Department of Children and
Families. DCF currently defines Xgross incomeY for child support purposes to
include a number of income sources, including wages and salaries, investment
income, and certain benefits.
The bill establishes that in an order for child support, but not maintenance,
neither party is required to disclose income that is not considered gross income
under DCF rules and the payee is not required to disclose a change in employer or
income if the payer is not a Xshared-placement parent,Y as defined by DCF.
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The bill also removes references to Xfamily support,Y an alternative form of
support that combined child support and maintenance into a single obligation.
Orders for family support in this state were eliminated by 2021 Wisconsin Act 35.
Finally, the bill allows a party to redact certain personally identifying
information from an income change notice to another party, establishes the
confidentiality of any information disclosed as part of an income change notice, and
establishes that an individual who fails to provide an income change notice required
under law may be proceeded against for contempt of court and may be required to
provide damages, including reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 767.58 (1) of the statutes is renumbered 767.58 (1r), and 767.58
(1r) (a), (b) and (c), as renumbered, are amended to read:
767.58 (1r) (a) Each order for child support, family support, or maintenance
payments shall include an order that the payer and payee notify the county child
support agency under s. 59.53 (5) of any change of address within 10 business days
of the change.
(b) Each order for child support, family support, or maintenance payments
shall also include an order that the payer and payee notify the county child support
agency under s. 59.53 (5) and the payee other party, within 10 business days, of any
change of employer and of any substantial change in the amount of his or her gross
income, including receipt of bonus compensation as defined by rule by the
department, affecting his or her ability to pay, or the amount of, child support,
family support, or maintenance. The order shall also include a statement that
notification of any substantial change in the amount of the payer[s party[s income
will not result in a change of the order unless a revision of the order under s. 767.59
or an annual adjustment of the child or family support amount under s. 767.553 is
sought.
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(c) Each order for family child support or maintenance payments shall include
an order requiring the payee to notify the court and the payer within 10 business
days of the payee[s remarriage.
SECTION 2. 767.58 (1g) of the statutes is created to read:
767.58 (1g) DEFINITION. In this section, Xshared-placement parentY means a
parent who has a court-ordered period of placement of at least 25 percent and is
ordered by the court to assume the child[s basic support costs in proportion to the
time that the parent has placement of the child.
SECTION 3. 767.58 (1r) (cm) of the statutes is created to read:
767.58 (1r) (cm) If a payer is ordered to provide only child support payments,
all of the following apply:
1. Neither party is required to disclose income that is not considered gross
income by the department.
2. The payee is not required to notify the payer of the payee[s change in
employer or income if the payer is not a shared-placement parent.
SECTION 4. 767.58 (2) of the statutes is amended to read:
767.58 (2) INFORMATION FOR CHILD SUPPORT AGENCY. When an order is
entered under sub. (1) (1r), each party shall provide to the county child support
agency under s. 59.53 (5) his or her social security number, residential and mailing
addresses, telephone number, operator[s license number and the name, address and
telephone number of his or her employer. A party shall advise the county child
support agency under s. 59.53 (5) of any change in the information provided under
this subsection within 10 business days after the change.
SECTION 5. 767.58 (3) of the statutes is created to read:
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767.58 (3) REDACTING PERSONALLY IDENTIFYING INFORMATION. A party may
redact or remove the following personally identifying information from documents
provided under sub. (1r) (b) to another party unless otherwise ordered by the court:
(a) The party[s home or work address if the party is participating in the
program under s. 165.68 or if the party[s address is otherwise protected or sealed.
(b) The name, date of birth, and address of the party[s spouse.
(c) The name, date of birth, and other personally identifying information of a
minor child not related to the other party.
(d) Any social security number.
(e) An identification number assigned by an employer.
(f) A taxpayer identification number assigned by the department of revenue
or federal internal revenue service.
(g) Any depository account number, investment account number, or other
personally identifying number related to any investment tool.
(h) A military identification number.
(i) Any other personally identifying information that is intended to be used to
access services, funds, or benefits of any kind to which an individual is entitled.
(j) Any other personally identifying information that is not required to
determine the income or financial status of the party.
SECTION 6. 767.58 (4) of the statutes is created to read:
767.58 (4) CONFIDENTIALITY; FAILURE TO DISCLOSE. Information disclosed
under this section is subject to s. 767.127 (3). A party who fails to furnish
information required by the court under this section may be proceeded against for
contempt of court under ch. 785. If the court finds that a party has failed to furnish
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information required under this section, the court may award to the party bringing
the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
SECTION 7. 767.59 (3) of the statutes is amended to read:
767.59 (3) REMARRIAGE; VACATING MAINTENANCE ORDER. After a final
judgment requiring maintenance payments has been rendered and the payee has
remarried, the court shall, on application of the payer with notice to the payee and
upon proof of the payee[s remarriage, or upon receiving notice from the payee of the
payee[s remarriage, as required under s. 767.58 (1) (1r) (c), vacate the order
requiring the maintenance payments.
(END)
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