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AB1115: Bill Text
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Up
2025 - 2026 LEGISLATURE
LRB-6368/1
EHS:cjs&wlj
2025 ASSEMBLY BILL 1115
March 13, 2026 - Introduced by Representatives
Hurd
and
Knodl
, cosponsored by Senator
James
. Referred to Committee on Children and Families.
AB1115,1,12
1
An Act
to repeal
48.33 (4) (b), 48.33 (4m), 48.335 (3r), 48.355 (2) (b) 4., 48.357
2
(5m), 938.33 (3) (b), 938.33 (4) (b), 938.33 (4m), 938.335 (3r), 938.355 (2) (b) 4.
3
and 938.357 (5m) (a);
to renumber
938.357 (5m) (b);
to consolidate,
4
renumber and amend
938.33 (3) (intro.) and (a);
to amend
46.10 (1), 46.10
5
(14) (e) 1., 48.363 (2), 48.645 (3), 49.345 (1), 49.345 (14) (e) 1., 301.12 (1),
6
301.12 (14) (e) 1., 767.001 (1) (m), 767.511 (1m) (hm), 767.59 (1), 767.59 (2) (c),
7
767.77 (1), 767.78 (1), 780.01 (5), 893.415 (2) and 938.363 (2);
to create
48.36
8
(4) and 938.36 (4) of the statutes;
relating to:
the assignment of child support
9
orders and arrears to the state when a child enters foster care and the role of
10
the Department of Children and Families, county departments of human and
11
social services, and juvenile courts in referring, collecting, and ordering child
12
support.
Analysis by the Legislative Reference Bureau
This bill removes the mandatory assignment to the state of child support orders and arrears existing at the time a child enters foster care. With one exception, the bill removes the role of the Department of Children and Families and a county department of social services or human services (county department) in providing child support referrals and collecting child support for families with children in out-of-home care. Specifically, the bill allows DCF or a county department to provide child support referrals if the parent’s or parents’ income exceeds 400 percent of the federal poverty line or the parent or parents are receiving adoption assistance for the child. In either case, under the bill, any child support ordered is assigned to the state.
The bill eliminates from the Juvenile Justice Code requirements that the juvenile court order child support, except for modification of existing orders, and order the parents of a juvenile under DCF supervision to contribute towards the costs of certain sanctions, dispositions, or placements.
The bill also adds language to the “best interests of the child” factor that under current law must be used by the family court when modifying a child support order. The bill specifies that, for a child in out-of-home care under the Children’s Code or the Juvenile Justice Code, this factor includes the impact on the child of family expenditures to improve any conditions in the home that would facilitate the reunification of the child with the child’s family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1115,1
1
Section
1
.
46.10 (1) of the statutes is amended to read:
AB1115,2,6
2
46.10
(1)
Liability and the collection and enforcement of such liability for the
3
care, maintenance, services, and supplies specified in this section is governed
4
exclusively by this section, except in cases of child support ordered by a court under
5
s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a),
or 48.363 (2) or ch. 767
or s. 48.355 (2)
6
(b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats
.
AB1115,2
7
Section
2
.
46.10 (14) (e) 1. of the statutes is amended to read:
AB1115,3,9
8
46.10
(14)
(e) 1. An order issued under s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357
1
(5m) (a),
or 48.363 (2)
or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023
2
stats.,
for support determined under this subsection constitutes an assignment of
3
all commissions, earnings, salaries, wages, pension benefits, income continuation
4
insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits
5
under ch. 102 or 108, and other money due or to be due in the future to the county
6
department under s. 46.22 or 46.23 in the county where the order was entered or to
7
the department, depending upon the placement of the child as specified by rules
8
promulgated under subd. 5. The assignment shall be for an amount sufficient to
9
ensure payment under the order.
AB1115,3
10
Section
3
.
48.33 (4) (b) of the statutes is repealed.
AB1115,4
11
Section
4
.
48.33 (4m) of the statutes is repealed.
AB1115,5
12
Section
5
.
48.335 (3r) of the statutes is repealed.
AB1115,6
13
Section
6
.
48.355 (2) (b) 4. of the statutes is repealed.
AB1115,7
14
Section
7
.
48.357 (5m) of the statutes is repealed.
AB1115,8
15
Section
8
.
48.36 (4) of the statutes is created to read:
AB1115,3,19
16
48.36
(4)
The county department or the department may refer to the attorney
17
responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or
18
parents of a child for whom an out-of-home care placement has been ordered under
19
s. 48.355 or 48.357 if any of the following conditions exists:
AB1115,3,21
20
(a) The parent’s or parents’ income exceeds 400 percent of the poverty line, as
21
defined and revised annually under
42 USC 9902
(2).
AB1115,3,23
22
(b) The parent or parents are receiving adoption assistance under s. 48.975 for
23
the child.
AB1115,9
24
Section
9
.
48.363 (2) of the statutes is amended to read:
AB1115,4,5
1
48.363
(2)
If the court revises a dispositional order
entered prior to July 1,
2
2026,
with respect to the amount of child support to be paid by a parent for the care
3
and maintenance of the parent’s minor child who has been placed by a court order
4
under this chapter in a residential, nonmedical facility, the court shall determine
5
the liability of the parent in the manner provided in s. 49.345 (14).
AB1115,10
6
Section
10
.
48.645 (3) of the statutes is amended to read:
AB1115,4,18
7
48.645
(3)
Assignment of support.
When any person applies for or receives
8
aid under this section,
any right of the parent or any dependent child to support or
9
maintenance from any other person, including any right to unpaid amounts accrued
10
at the time of application and any right to amounts accruing during the time aid is
11
paid under this section,
and a referral for child support is made under s. 48.36 (4) or
12
s. 938.36 (4), the child’s right to support
is assigned to the state.
If a minor who is
13
a beneficiary of aid under this section is also the beneficiary of support under a
14
judgment or order that includes support for one or more children not receiving aid
15
under this section, any support payment made under the judgment or order is
16
assigned to the state in the amount that is the proportionate share of the minor
17
receiving aid under this section, except as otherwise ordered by the court on the
18
motion of a party.
AB1115,11
19
Section
11
.
49.345 (1) of the statutes is amended to read:
AB1115,5,2
20
49.345
(1)
Liability and the collection and enforcement of such liability for the
21
care, maintenance, services, and supplies specified in this section are governed
22
exclusively by this section, except in cases of child support ordered by a court under
23
s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a)
, 48.363 (2), 938.183 (4), 938.355
(2) (b)
24
4., 938.357 (5m) (a)
(4g) (a)
, or 938.363 (2) or ch. 767
or s. 48.355 (2) (b) 4., 2023
1
stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357
2
(5m) (a), 2023 stats
.
AB1115,12
3
Section
12
.
49.345 (14) (e) 1. of the statutes is amended to read:
AB1115,5,15
4
49.345
(14)
(e) 1. An order issued under s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357
5
(5m) (a)
, 48.363 (2), 938.183 (4), 938.355
(2) (b) 4., 938.357 (5m) (a)
(4g) (a)
, or
6
938.363 (2)
or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s.
7
938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.,
for support
8
determined under this subsection constitutes an assignment of all commissions,
9
earnings, salaries, wages, pension benefits, income continuation insurance benefits
10
under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108,
11
and other money due or to be due in the future to the county department under s.
12
46.215, 46.22, or 46.23 in the county where the order was entered or to the
13
department, depending upon the placement of the child as specified by rules
14
promulgated under subd. 5. The assignment shall be for an amount sufficient to
15
ensure payment under the order.
AB1115,13
16
Section
13
.
301.12 (1) of the statutes is amended to read:
AB1115,5,21
17
301.12
(1)
Liability and the collection and enforcement of such liability for the
18
care, maintenance, services, and supplies specified in this section is governed
19
exclusively by this section, except in cases of child support ordered by a court under
20
s. 938.183 (4), 938.355
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
or 938.363 (2) or ch. 767
21
or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats
.
AB1115,14
22
Section
14
.
301.12 (14) (e) 1. of the statutes is amended to read:
AB1115,6,8
23
301.12
(14)
(e) 1. An order issued under s. 938.183 (4), 938.355
(2) (b) 4. or
(4g)
24
(a),
938.357 (5m) (a),
or 938.363 (2)
or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357
1
(5m) (a), 2023 stats.,
for support determined under this subsection constitutes an
2
assignment of all commissions, earnings, salaries, wages, pension benefits, income
3
continuation insurance benefits under s. 40.62, duty disability benefits under s.
4
40.65, benefits under ch. 102 or 108, and other money due or to be due in the future
5
to the county department under s. 46.215, 46.22, or 46.23 in the county where the
6
order was entered or to the department, depending upon the placement of the child
7
as specified by rules promulgated under subd. 5. The assignment shall be for an
8
amount sufficient to ensure payment under the order.
AB1115,15
9
Section
15
.
767.001 (1) (m) of the statutes is amended to read:
AB1115,6,14
10
767.001
(1)
(m) To enforce or revise an order for support entered under s.
11
48.355
(2) (b) 4. or
(4g) (a),
48.357 (5m) (a),
48.363 (2), 938.183 (4), 938.355
(2) (b) 4.
12
or
(4g) (a),
938.357 (5m) (a),
or 938.363 (2)
or s. 48.355 (2) (b) 4., 2023 stats., s.
13
48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a),
14
2023 stats
.
AB1115,16
15
Section
16
.
767.511 (1m) (hm) of the statutes is amended to read:
AB1115,6,22
16
767.511
(1m)
(hm) The best interests of the child
, including, with respect to a
17
child placed with an out-of-home care provider under ch. 48 or 938, the impact on
18
the child of expenditures by the family for improvement of any conditions in the
19
home that would facilitate the reunification of the child with the child’s family, if
20
appropriate, and the importance of a placement that is the least restrictive of the
21
rights of the child and the parents and the most appropriate for meeting the needs
22
of the child and the family
.
AB1115,17
23
Section
17
.
767.59 (1) of the statutes is amended to read:
AB1115,7,7
24
767.59
(1)
Definition.
In this section, “support or maintenance order”
1
means a judgment or order providing for child support under this chapter or s.
2
48.355
(2) (b) 4. or
(4g) (a),
48.357 (5m) (a),
48.363 (2), 938.183 (4), 938.355
(2) (b) 4.
3
or
(4g) (a),
938.357 (5m) (a),
938.363 (2), or 948.22 (7),
or s. 48.355 (2) (b) 4., 2023
4
stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357
5
(5m) (a), 2023 stats.,
for maintenance payments under s. 767.56, for family support
6
payments under s. 767.531, 2019 stats., or for the appointment of trustees or
7
receivers under s. 767.57 (5).
AB1115,18
8
Section
18
.
767.59 (2) (c) of the statutes is amended to read:
AB1115,7,14
9
767.59
(2)
(c) If the court revises a judgment or order providing for child
10
support that was entered under s. 48.355
(2) (b) 4. or
(4g) (a),
48.357 (5m) (a),
48.363
11
(2), 938.183 (4), 938.355
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
or 938.363 (2)
or s.
12
48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023
13
stats., or s. 938.357 (5m) (a), 2023 stats.
, the court shall determine child support in
14
the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.
AB1115,19
15
Section
19
.
767.77 (1) of the statutes is amended to read:
AB1115,8,2
16
767.77
(1)
Definition.
In this section, “payment obligation” means an
17
obligation to pay support under s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a)
, 48.363
18
(2), 938.183 (4), 938.355
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
or 938.363 (2)
or s.
19
48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023
20
stats., or s. 938.357 (5m) (a), 2023 stats.
, support or maintenance under s. 767.501,
21
child support or maintenance under s. 767.225, child support under s. 767.511,
22
maintenance under s. 767.56, family support under s. 767.225, 2019 stats., or s.
23
767.531, 2019 stats., attorney fees under s. 767.241, child support or a child’s health
24
care expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805
1
(4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal
2
support under s. 948.22 (7).
AB1115,20
3
Section
20
.
767.78 (1) of the statutes is amended to read:
AB1115,8,10
4
767.78
(1)
Definition.
In this section, “financial obligation” means an
5
obligation for payment incurred under
s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m)
6
(a), 2023 stats.,
s. 767.531, 2019 stats.,
s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357
7
(5m) (a), 2023 stats.,
or s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a)
, 48.363 (2),
8
767.225, 767.241, 767.511, 767.56, 767.61, 767.71, 767.804 (3), 767.805 (4), 767.85,
9
767.863 (3), 767.89, 938.183 (4), 938.355
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
or
10
938.363 (2).
AB1115,21
11
Section
21
.
780.01 (5) of the statutes is amended to read:
AB1115,8,16
12
780.01
(5)
For all arrearages owed by the owner in child support ordered
13
under s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a)
, 48.363 (2), 938.183 (4), 938.355
14
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
938.363 (2), or 948.22 (7) or ch. 767 or 769
or s.
15
48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023
16
stats., or s. 938.357 (5m) (a), 2023 stats.,
or in family support ordered under ch. 767.
AB1115,22
17
Section
22
.
893.415 (2) of the statutes is amended to read:
AB1115,9,2
18
893.415
(2)
An action to collect child or family support owed under a
19
judgment or order entered under ch. 767, or to collect child support owed under a
20
judgment or order entered under s. 48.355
(2) (b) 4. or
(4g) (a)
, 48.357 (5m) (a)
,
21
48.363 (2), 938.183 (4), 938.355
(2) (b) 4. or
(4g) (a),
938.357 (5m) (a),
938.363 (2), or
22
948.22 (7)
or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s.
23
938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.
, shall be commenced
24
within 20 years after the youngest child for whom the support was ordered under
1
the judgment or order reaches the age of 18 or, if the child is enrolled full-time in
2
high school or its equivalent, reaches the age of 19.
AB1115,23
3
Section
23
.
938.33 (3) (intro.) and (a) of the statutes are consolidated,
4
renumbered 938.33 (3) and amended to read:
AB1115,9,17
5
938.33
(3)
Correctional placement reports.
A report recommending
6
placement of a juvenile in a juvenile correctional facility or a secured residential
7
care center for children and youth shall be in writing, except that the report may be
8
presented orally at the dispositional hearing if the juvenile and the juvenile’s
9
counsel consent. A report that is presented orally shall be transcribed and made a
10
part of the court record. In addition to the information specified under sub. (1) (a)
11
to (d), the report shall include
all of the following: (a) A
a
description of any less
12
restrictive alternatives that are available and that have been considered, and why
13
they have been determined to be inappropriate. If the court has found that any of
14
the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall
15
indicate that a less restrictive alternative than placement in a juvenile correctional
16
facility or a secured residential care center for children and youth is not
17
appropriate.
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