Section 767.89. Paternity judgment.

 

(1)   Effect of judgment or order. A judgment or order of the court determining the existence or nonexistence of paternity is determinative for all purposes.

(2)   Report to state registrar.

(a) The clerk of court or county child support agency under s. 59.53 (5) shall file with the state registrar, within 30 days after the entry of a judgment or order determining paternity, a report showing the names, dates, and birth places of the child and the father, the social security numbers of the mother, father, and child, and the maiden name of the mother on a form designated by the state registrar, along with the fee set forth in s. 69.22 (5) , which the clerk of court or county child support agency shall collect.

(b) If the clerk of court or county child support agency is unable to collect any of the following fees under par. (a) , the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:

1. A fee for omitting the father's name on a birth certificate under s. 69.15 (3) (a) 1.

2. A fee for changing the father's name on a birth certificate under s. 69.15 (3) (a) 2.

3. A fee for inserting the father's name on a birth certificate under s. 69.15 (3) (a) 3.

(3)   Content of judgment or order. A judgment or order determining paternity shall contain all of the following provisions:

(a) An adjudication of the paternity of the child.

(b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.41 .

(c) An order requiring either or both of the parents to contribute to the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.511 .

(d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B) [ 26 USC 151 (c)], or as an exemption for state tax purposes under s. 71.07 (8) (b) .

(e)

1. An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's income is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's ability to pay or contribute to those expenses.

2. If the order does not require periodic payments because the father has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father has the ability to pay at that time.

(f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.84 (5) , and other costs.

(g) An order requiring either party to pay or contribute to the attorney fees of the other party.

(3m)   Change of child's name.

(a) Upon the request of both parents, the court shall include in the judgment or order determining paternity an order changing the name of the child to a name agreed upon by the parents.

(b) Except as provided in par. (a) , the court may include in the judgment or order determining paternity an order changing the surname of the child to a surname that consists of the surnames of both parents separated by a hyphen or, if one or both parents have more than one surname, of one of the surnames of each parent separated by a hyphen, if all of the following apply:

1. Only one parent requests that the child's name be changed, or both parents request that the child's name be changed but each parent requests a different name change.

2. The court finds that such a name change is in the child's best interest.

(c) Section 786.36 does not apply to a name change under this subsection.

(4)   Liability for past support.

(a) Subject to par. (b) , liability for past support of the child is limited to support for the period after the day on which the petition in the action under s. 767.80 is filed, unless a party shows, to the satisfaction of the court, all of the following:

1. That he or she was induced to delay commencing the action by any of the following:

a. Duress or threats.

b. Actions, promises or representations by the other party upon which the party relied.

c. Actions taken by the other party to evade paternity proceedings.

2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

(6)   Other applicable provisions. Sections 767.41 , 767.43 , 767.451 , 767.57 , 767.58 , 767.59 , 767.71 , 767.75 , 767.76 , 767.77 , and 767.78 , where applicable, apply to a judgment or order under this section.

(7)   Preparation of final papers. The court may order the attorney for the prevailing party to prepare findings of fact, conclusions of law and a judgment for the approval of the court.

1979 c. 352 ; 1983 a. 27 , 192 , 447 ; 1985 a. 29 ; 1985 a. 315 s. 22 ; 1987 a. 27 , 37 , 355 , 413 ; 1989 a. 212 ; 1991 a. 39 ; 1993 a. 481 ; 1995 a. 27 ss. 7115 , 7116 , 9126 (19) ; 1995 a. 100 , 201 , 279 , 375 , 404 ; 1997 a. 27 , 35 , 191 ; 1999 a. 9 ; 2001 a. 16 ; 2005 a. 304 ; 2005 a. 443 ss. 218 , 261 ; Stats. 2005 s. 767.89; 2007 a. 20 .

Note

The correct cross-reference is shown in brackets. Corrective legislation is pending. Microsoft Windows NT 6.1.7601 Service Pack 1 2005 Wis. Act 443 contains explanatory notes. Microsoft Windows NT 6.1.7601 Service Pack 1 Determining a father's support obligation by applying percentage standards is inappropriate when the children live in several households. Paternity of B. W. S. 131 Wis. 2d 301 , 388 N.W.2d 615 (1986). Microsoft Windows NT 6.1.7601 Service Pack 1 Regardless of whether a 15 year old boy's fathering of a child resulted from sexual assault as defined in criminal law, the trial court could find that intercourse and parenthood were voluntary for purposes of imposing child support. Whether nonconsent is a defense available to a putative father in a paternity action has not been determined. Paternity of J.L.H. 149 Wis. 2d 349 , 411 N.W.2d 273 (Ct. App. 1989). Microsoft Windows NT 6.1.7601 Service Pack 1 There is no statutory authority for an order requiring the mother to repay lying-in expenses paid by medical assistance. Paternity of N.L.M. 166 Wis. 2d 306 , 479 N.W.2d 237 (Ct. App. 1991). Microsoft Windows NT 6.1.7601 Service Pack 1 An order for payment of expert witness fees under sub. (3) is not limited by s. 814.04 (2). Paternity of Tiffany B. 173 Wis. 2d 864 , 496 N.W.2d 711 (Ct. App. 1993). Microsoft Windows NT 6.1.7601 Service Pack 1 Summary judgment is inappropriate when the presumptive conception period under s. 891.395 does not apply and there is no evidence establishing the period or when there is an untested male whom a reasonable fact finder could conclude had intercourse with the mother during the possible conceptive period. Paternity of Taylor R.T. 199 Wis. 2d 500 , 544 N.W.2d 926 (Ct. App. 1996), 95-2411 . Microsoft Windows NT 6.1.7601 Service Pack 1 A father's lack of knowledge of a child's existence and resulting inability to visit and provide for the child may not be considered in deviating from the percentage standards for support. Support in a paternity action must be set exclusive of any marital property law principles. Brad Michael L. v. Lee D. 210 Wis. 2d 437 , 564 N.W.2d 354 (Ct. App. 1997), 94-3050 . Microsoft Windows NT 6.1.7601 Service Pack 1 A court does not have authority to create a child support obligation directly to an adult child who has received a high school diploma at the time that person commences an action for support. Roberta Jo W. v. Leroy W. 218 Wis. 2d 225 , 578 N.W.2d 185 (1998), 96-2753 . Microsoft Windows NT 6.1.7601 Service Pack 1 Nothing in this section authorizes ordering a name change in the best interests of the child in a paternity judgement. Although s. 69.15 (1) (a) provides for changing a name according to an order in a paternity action, it does not provide authority to order a name change in a paternity action without complying with the procedural requirements for a name change under s. 786.36. Paternity of Noah J.M. 223 Wis. 2d 768 , 590 N.W.2d 21 (Ct. App. 1998), 97-2353 . Microsoft Windows NT 6.1.7601 Service Pack 1 A paternity judgment determines between two parties who pays what expenses; it does not bind creditors who were not parties. Dean Medical Center, S.C. v. Conners, 2000 WI App 202 , 238 Wis. 2d 636 , 618 N.W.2d 194 , 99-2091 . Microsoft Windows NT 6.1.7601 Service Pack 1 The court's ability to order payment under sub. (3) (e) is contingent on the father's ability to pay. When it is undisputed that the father has no ability to pay at the time of the hearing, the court has no authority to set his obligation to pay lying-in expenses. Rusk County Department of Health and Human Services v. Thorson, 2005 WI App 37 , 278 Wis. 2d 638 , 693 N.W.2d 318 , 04-2267 . Microsoft Windows NT 6.1.7601 Service Pack 1 HSS 80: New Rules for Child Support Obligations. Hickey. Wis. Law. April, 1995. Microsoft Windows NT 6.1.7601 Service Pack 1 Which Came First? The Serial Family Payer Formula. Stansbury. Wis. Law. April, 1995. Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin's Custody, Placement and Paternity Reform Legislation. Walther. Wis.Law. April 2000. Microsoft Windows NT 6.1.7601 Service Pack 1