2009 WISCONSIN ACT
321
An Act
to repeal
769.101 (7), 769.101 (19) (b), 769.301 (2) and 769.612 (2);
to renumber
769.102, 769.103 and 769.308;
to renumber and amend
769.201, 769.207 (3), 769.307 (3), 769.319 and 769.604 (1);
to consolidate, renumber and amend
769.101 (19) (intro.) and (a);
to amend
767.01 (2), 767.80 (5m), 769.101 (2), 769.101 (4), 769.101 (8), 769.101 (9), 769.101 (10), 769.101 (12) (a), 769.101 (12) (b), 769.101 (14), 769.101 (15), 769.101 (16), 769.101 (17), 769.101 (20) (intro.), 769.101 (20) (a), 769.101 (20) (b), 769.101 (20) (c), 769.101 (20) (d), 769.101 (21), 769.101 (22), 769.203, 769.204 (title), 769.204 (1) (intro.), 769.204 (1) (a), 769.204 (1) (b), 769.204 (2) (intro.), 769.204 (2) (a), 769.204 (2) (c), 769.207 (title), 769.207 (1m) (intro.), 769.207 (1m) (a), 769.207 (1m) (b), 769.207 (1m) (c), 769.207 (1r), 769.207 (2), 769.208, 769.209, 769.301 (3), 769.302, 769.304 (1), 769.304 (2), 769.305 (1), 769.305 (2) (intro.), 769.305 (2) (a), 769.305 (2) (b), 769.305 (2) (h), 769.306, 769.307 (2) (intro.), 769.307 (2) (a), 769.307 (2) (d), 769.307 (2) (e), 769.31 (2) (b), 769.31 (2) (c), 769.311 (1), 769.312, 769.313 (2), 769.314 (1), 769.314 (3), 769.316 (1), 769.316 (2), 769.316 (4), 769.316 (5), 769.316 (6), 769.317, 769.318 (1), 769.318 (2), subchapter IV (title) of chapter 769 [precedes 769.401], 769.401 (1) (intro.), 769.401 (1) (a), 769.401 (1) (b), subchapter V (title) of chapter 769 [precedes 769.501], 769.501, 769.505, 769.506 (1), 769.507 (1), subchapter VI (title) of chapter 769 [precedes 769.601], 769.601, 769.602 (1) (intro.), 769.602 (1) (c), 769.602 (2), 769.603 (1), 769.603 (2), 769.603 (3), 769.604 (2), 769.605 (1), 769.605 (2) (a), 769.605 (2) (b), 769.605 (2) (c), 769.605 (3), 769.606 (title), 769.606 (1), 769.606 (2), 769.606 (3), 769.607 (1) (intro.), 769.607 (2), 769.607 (3), 769.608, 769.609, 769.61, 769.611 (1) (intro.), 769.611 (1) (a) 1., 769.611 (1) (b), 769.611 (3), 769.612 (intro.), 769.612 (1), 769.612 (3), 769.612 (4), 769.613 (title), 769.613 (1), 769.613 (2), 769.802 (2), 769.901 and 769.903 (title);
to repeal and recreate
769.102 (title), 769.202, 769.205, 769.206, 769.401 (2) and subchapter VII of chapter 769 [precedes 769.701]; and
to create
769.101 (2c), 769.101 (3c), 769.101 (3g), 769.101 (3m), 769.101 (8m), 769.101 (12) (d), 769.101 (13) (d), 769.101 (13m), 769.101 (13r), 769.101 (20) (e), 769.102 (2), 769.103 (2), 769.105, 769.201 (2m), 769.207 (3) (b), 769.207 (3) (c), 769.207 (5), 769.210, 769.211, 769.305 (6), 769.307 (3m), 769.307 (4), 769.307 (5), 769.308 (2), 769.316 (10), 769.319 (2), 769.319 (3), 769.402, 769.602 (4), 769.602 (5), 769.604 (1) (c), 769.604 (3), 769.604 (4), 769.605 (2m), 769.607 (1) (h), 769.611 (3m), 769.611 (5), 769.615, 769.616 and 769.904 of the statutes;
relating to:
modifications to the Uniform Interstate Family Support Act.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
767.01 (2) of the statutes is amended to read:
767.01
(2)
Paternity and child support.
In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201
(1m)
or 801.05.
Section
2
.
767.80 (5m) of the statutes is amended to read:
767.80
(5m)
Applicable procedure; exceptions.
Except as provided in ss. 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is presumed the child's father under s. 891.41 (1), is adjudicated the child's father either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, or has acknowledged himself to be the child's father under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male is adjudicated the father using the procedure set forth in this subchapter, except s. 767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male who is not presumed the child's father under s. 891.41 (1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father is by an action under this subchapter, except s. 767.805, or under s.
769.701
769.402
. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.
Section
3
.
769.101 (2) of the statutes is amended to read:
769.101
(2)
"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state
or foreign country
.
Section
4
.
769.101 (2c) of the statutes is created to read:
769.101
(2c)
"Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
Section
5
.
769.101 (3c) of the statutes is created to read:
769.101
(3c)
"Foreign country" means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:
(a) The country or political subdivision has been declared under the law of the United States to be a foreign reciprocating country.
(b) The country or political subdivision has established a reciprocal arrangement for child support with this state under s. 769.308 (2).
(c) The country or political subdivision has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.
(d) The country or political subdivision is one in which the convention is in force with respect to the United States.
Section
6
.
769.101 (3g) of the statutes is created to read:
769.101
(3g)
"Foreign support order" means a support order of a foreign tribunal.
Section
7
.
769.101 (3m) of the statutes is created to read:
769.101
(3m)
"Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. "Foreign tribunal" includes a competent authority under the convention.
Section
8
.
769.101 (4) of the statutes is amended to read:
769.101
(4)
"Home state" means the state
or foreign country
in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state
or foreign country
in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.
Section
9
.
769.101 (7) of the statutes is repealed.
Section
10
.
769.101 (8) of the statutes is amended to read:
769.101
(8)
"Initiating tribunal" means the
authorized
tribunal
in an initiating
of a
state
or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country
.
Section
11
.
769.101 (8m) of the statutes is created to read:
769.101
(8m)
"Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
Section
12
.
769.101 (9) of the statutes is amended to read:
769.101
(9)
"Issuing state" means the state in which a tribunal issues a support order or
renders
a judgment determining parentage
of a child
.
Section
13
.
769.101 (10) of the statutes is amended to read:
769.101
(10)
"Issuing tribunal" means the tribunal
of a state or foreign country
that issues a support order or
renders
a judgment determining parentage
of a child
.
Section
14
.
769.101 (12) (a) of the statutes is amended to read:
769.101
(12)
(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order
has been issued
or a judgment determining parentage
of a child
has been
rendered
issued
.
Section
15
.
769.101 (12) (b) of the statutes is amended to read:
769.101
(12)
(b) A
foreign country,
state
,
or political subdivision
of a state
to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee
in place of child support
.
Section
16
.
769.101 (12) (d) of the statutes is created to read:
769.101
(12)
(d) A person that is a creditor in a proceeding under subch. VII.
Section
17
.
769.101 (13) (d) of the statutes is created to read:
769.101
(13)
(d) The individual or decedent is a debtor in a proceeding under subch. VII.
Section
18
.
769.101 (13m) of the statutes is created to read:
769.101
(13m)
"Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
Section
19
.
769.101 (13r) of the statutes is created to read:
769.101
(13r)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
Section
20
.
769.101 (14) of the statutes is amended to read:
769.101
(14)
"Register" means to file
in a tribunal of this state
a support order or judgment determining parentage
with the clerk of court
of a child issued in another state or a foreign country
.
Section
21
.
769.101 (15) of the statutes is amended to read:
769.101
(15)
"Registering tribunal" means a tribunal in which a support order
or judgment determining parentage of a child
is registered.
Section
22
.
769.101 (16) of the statutes is amended to read:
769.101
(16)
"Responding state" means a state in which a
proceeding
petition or comparable pleading for support or to determine parentage of a child
is filed or to which a
proceeding
petition or comparable pleading
is forwarded for filing from
an initiating
another
state
under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act
or a foreign country
.
Section
23
.
769.101 (17) of the statutes is amended to read:
769.101
(17)
"Responding tribunal" means the authorized tribunal in a responding state
or foreign country
.
Section
24
.
769.101 (19) (intro.) and (a) of the statutes are consolidated, renumbered 769.101 (19) and amended to read:
769.101
(19)
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico
,
or any territory or insular possession subject to the jurisdiction of the United States. "State" includes
all of the following: (a) An
an
Indian
nation or
tribe.
Section
25
.
769.101 (19) (b) of the statutes is repealed.
Section
26
.
769.101 (20) (intro.) of the statutes is amended to read:
769.101
(20)
(intro.) "Support enforcement agency" means a public official
, governmental entity,
or
private
agency authorized to
seek
do
any of the following:
Section
27
.
769.101 (20) (a) of the statutes is amended to read:
769.101
(20)
(a)
Enforcement
Seek enforcement
of support orders or laws relating to the duty of support.
Section
28
.
769.101 (20) (b) of the statutes is amended to read:
769.101
(20)
(b)
Establishment
Seek establishment
or modification of child support.
Section
29
.
769.101 (20) (c) of the statutes is amended to read:
769.101
(20)
(c)
Determination
Request determination
of parentage
of a child
.
Section
30
.
769.101 (20) (d) of the statutes is amended to read:
769.101
(20)
(d)
Location of
Attempt to locate
obligors or their assets.
Section
31
.
769.101 (20) (e) of the statutes is created to read:
769.101
(20)
(e) Request determination of the controlling child support order.
Section
32
.
769.101 (21) of the statutes is amended to read:
769.101
(21)
"Support order" means a judgment, decree
or
,
order,
decision, or directive,
whether temporary, final
,
or subject to modification,
issued in a state or foreign country
for the benefit of a child, a spouse
,
or a former spouse, that provides for monetary support, health care, arrearages
, retroactive support,
or reimbursement
, and that
for financial assistance provided to an individual obligee in place of child support. "Support order"
may include related costs and fees, interest, income withholding,
automatic adjustment, reasonable
attorney fees
,
and other relief.
Section
33
.
769.101 (22) of the statutes is amended to read:
769.101
(22)
"Tribunal" means a court, administrative agency
,
or quasi-judicial entity authorized to establish, enforce
,
or modify support orders or to determine parentage
in this state or in an issuing or responding state
of a child
.
Section
34
.
769.102 (title) of the statutes is repealed and recreated to read:
769.102
(title)
State tribunal and support enforcement agency.
Section
35
.
769.102 of the statutes is renumbered 769.102 (1).
Section
36
.
769.102 (2) of the statutes is created to read:
769.102
(2)
The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.
Section
37
.
769.103 of the statutes is renumbered 769.103 (1).
Section
38
.
769.103 (2) of the statutes is created to read:
769.103
(2)
This chapter does not do any of the following:
(a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.
(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.
Section
39
.
769.105 of the statutes is created to read:
769.105
Application of chapter to resident of foreign country and foreign support proceeding.
(1)
A tribunal of this state shall apply subchs. I to VI and, as applicable, subch. VII, to a support proceeding that involves any of the following:
(a) A foreign support order.
(b) A foreign tribunal.
(c) An obligee, obligor, or child residing in a foreign country.
(2)
A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of subchs. I to VI.
(3)
Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI, subch. VII controls.
Section
40
.
769.201 of the statutes is renumbered 769.201 (1m), and 769.201 (1m) (intro.) and (g), as renumbered, are amended to read:
769.201
(1m)
(intro.) In a proceeding
under this chapter
to establish
,
or
enforce
or modify
a support order or to determine parentage
of a child
, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if any of the following applies:
(g) The individual asserted parentage
of a child
in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.
Section
41
.
769.201 (2m) of the statutes is created to read:
769.201
(2m)
The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.
Section
42
.
769.202 of the statutes is repealed and recreated to read:
769.202
Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ss. 769.205, 769.206, and 769.211.
Section
43
.
769.203 of the statutes is amended to read:
769.203
Initiating and responding tribunal of this state.
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to
a tribunal of
another state and as a responding tribunal for proceedings initiated in another state
or a foreign country
.
Section
44
.
769.204 (title) of the statutes is amended to read:
769.204
(title)
Simultaneous proceedings
in another state
.
Section
45
.
769.204 (1) (intro.) of the statutes is amended to read:
769.204
(1)
(intro.) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state
or a foreign country
only if all of the following apply:
Section
46
.
769.204 (1) (a) of the statutes is amended to read:
769.204
(1)
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state
or the foreign country
for filing a responsive pleading challenging the exercise of jurisdiction by the other state
or the foreign country
.
Section
47
.
769.204 (1) (b) of the statutes is amended to read:
769.204
(1)
(b) The contesting party timely challenges the exercise of jurisdiction in the other state
or the foreign country
.
Section
48
.
769.204 (2) (intro.) of the statutes is amended to read:
769.204
(2)
(intro.) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state
or a foreign country
if all of the following apply:
Section
49
.
769.204 (2) (a) of the statutes is amended to read:
769.204
(2)
(a) The petition or comparable pleading in the other state
or foreign country
is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.
Section
50
.
769.204 (2) (c) of the statutes is amended to read:
769.204
(2)
(c) If relevant, the other state
or foreign country
is the home state of the child.
Section
51
.
769.205 of the statutes is repealed and recreated to read:
769.205
Continuing, exclusive jurisdiction to modify child support order.
(1)
A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and any of the following applies:
(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.
(b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2)
A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if any of the following applies:
(a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction.
(b) Its order is not the controlling order.
(3)
If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4)
A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(5)
A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Section
52
.
769.206 of the statutes is repealed and recreated to read:
769.206
Continuing jurisdiction to enforce child support order.
(1)
A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce any of the following:
(a) The order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act.
(b) A money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.
(2)
A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Section
53
.
769.207 (title) of the statutes is amended to read:
769.207
(title)
Recognition
Determination
of controlling child support order.
Section
54
.
769.207 (1m) (intro.) of the statutes is amended to read:
769.207
(1m)
(intro.) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of this state
or
,
another state
, or a foreign country
with regard to the same obligor and child, a tribunal of this state
having personal jurisdiction over both the obligor and individual obligee
shall apply the following rules
in determining
and by order shall determine
which child support order
to recognize for purposes of continuing, exclusive jurisdiction
controls and must be recognized
:
Section
55
.
769.207 (1m) (a) of the statutes is amended to read:
769.207
(1m)
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal
is controlling and must be recognized
controls
.
Section
56
.
769.207 (1m) (b) of the statutes is amended to read:
769.207
(1m)
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, a child support order issued by a tribunal in the current home state of the child
must be recognized, but
controls, or,
if a child support order has not been issued in the current home state of the child, the child support order most recently issued
is controlling and must be recognized
controls
.
Section
57
.
769.207 (1m) (c) of the statutes is amended to read:
769.207
(1m)
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state
having jurisdiction over the parties must
shall
issue a child support order, which
is controlling and must be recognized
controls
.
Section
58
.
769.207 (1r) of the statutes is amended to read:
769.207
(1r)
If 2 or more child support orders have been issued for the same obligor and
same
child
and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to
, upon the request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall
determine which child support order controls
and must be recognized
under sub. (1m). The request
may be filed with a registration for enforcement or registration for modification under subch. VI, or may be filed as a separate proceeding.
(1t)
A request to determine which is the controlling child support order
must be accompanied by a
certified
copy of every child support order issued for the obligor and child that is in effect
. Every
and the applicable record of payments. The requesting party shall give each
party whose rights may be affected by a determination of which child support order controls
must be given
notice of the request for that determination.
Section
59
.
769.207 (2) of the statutes is amended to read:
769.207
(2)
The tribunal that issued the order that is controlling
and must be recognized
under sub. (1c), (1m)
,
or (1r)
is the tribunal that
has continuing
, exclusive
jurisdiction
in accordance with
to the extent provided in
s. 769.205
or 769.206
.
Section
60
.
769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and amended to read:
769.207
(3)
(intro.) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b)
or (1r)
, or that issues a new child support order that is controlling under sub. (1m) (c), shall
include
state
in that order
the
all of the following:
(a) The
basis upon which the tribunal made its determination.
Section
61
.
769.207 (3) (b) of the statutes is created to read:
769.207
(3)
(b) The amount of prospective support, if any.
Section
62
.
769.207 (3) (c) of the statutes is created to read:
769.207
(3)
(c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by s. 769.209.
Section
63
.
769.207 (5) of the statutes is created to read:
769.207
(5)
An order that has been determined to be the controlling child support order, or a judgment for consolidated arrears of support and interest, if any, made under this section, must be recognized in proceedings under this chapter.
Section
64
.
769.208 of the statutes is amended to read:
769.208
Multiple child
Child
support orders for 2 or more obligees.
In responding to
multiple
registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state
or a foreign country
, a tribunal of this state shall enforce those orders in the same manner as if the
multiple
orders had been issued by a tribunal of this state.
Section
65
.
769.209 of the statutes is amended to read:
769.209
Credit for payments.
Amounts
A tribunal of this state shall credit amounts
collected
and credited
for a particular period pursuant to
a
any child
support order
issued by a tribunal of another state must be credited
against the amounts
accruing or accrued
owed
for the same period under
a
any other child
support order
for support of the same child
issued by
the
a
tribunal of this state
, another state, or a foreign country
.
Section
66
.
769.210 of the statutes is created to read:
769.210
Application of act to nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to s. 769.316, communicate with a tribunal outside this state pursuant to s. 769.317, and obtain discovery through a tribunal outside this state pursuant to s. 769.318. In all other respects, subchs. III to VI do not apply, and the tribunal shall apply the procedural and substantive law of this state.
Section
67
.
769.211 of the statutes is created to read:
769.211
Continuing, exclusive jurisdiction to modify spousal support order.
(1)
A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(2)
A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(3)
A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:
(a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.
(b) A responding tribunal to enforce or modify its own spousal support order.
Section
68
.
769.301 (2) of the statutes is repealed.
Section
69
.
769.301 (3) of the statutes is amended to read:
769.301
(3)
An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state
or a foreign country
that has or can obtain personal jurisdiction over the respondent.
Section
70
.
769.302 of the statutes is amended to read:
769.302
Action by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Notwithstanding s. 767.407 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a circuit court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.82 (1).
Section
71
.
769.304 (1) of the statutes is amended to read:
769.304
(1)
Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward
3 copies of
the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or
,
if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
Section
72
.
769.304 (2) of the statutes is amended to read:
769.304
(2)
If
a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter
requested by the responding tribunal
, a tribunal of this state
may
shall
issue a certificate or other documents and make findings required by the law of the responding state. If the responding
state
tribunal
is
in
a foreign
jurisdiction,
country, upon request
the tribunal
may
of this state shall
specify the amount of support sought
, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported,
and provide
any
other documents necessary to satisfy the requirements of the responding
state
foreign tribunal
.
Section
73
.
769.305 (1) of the statutes is amended to read:
769.305
(1)
Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner
, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system,
where and when it was filed.
Section
74
.
769.305 (2) (intro.) of the statutes is amended to read:
769.305
(2)
(intro.) A responding tribunal of this state, to the extent
otherwise authorized
not prohibited
by
other
law, may do any of the following:
Section
75
.
769.305 (2) (a) of the statutes is amended to read:
769.305
(2)
(a)
Issue
Establish
or enforce a support order, modify a child support order
, determine the controlling child support order,
or
render a judgment to
determine parentage
of a child
.
Section
76
.
769.305 (2) (b) of the statutes is amended to read:
769.305
(2)
(b) Order an obligor to comply with a support order
,
specifying the amount and the manner of compliance.
Section
77
.
769.305 (2) (h) of the statutes is amended to read:
769.305
(2)
(h) Order an obligor to keep the tribunal informed of the obligor's current residential address,
electronic mail address,
telephone number, employer, address of employment
,
and telephone number at the place of employment.
Section
78
.
769.305 (6) of the statutes is created to read:
769.305
(6)
If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
Section
79
.
769.306 of the statutes is amended to read:
769.306
Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state,
it
the tribunal
shall forward the pleading and accompanying documents to an appropriate tribunal
in
of
this state or another state and notify the petitioner
, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system,
where and when the pleading was sent.
Section
80
.
769.307 (2) (intro.) of the statutes is amended to read:
769.307
(2)
(intro.) A support enforcement agency
of this state
that is providing services to the petitioner shall do all of the following as appropriate:
Section
81
.
769.307 (2) (a) of the statutes is amended to read:
769.307
(2)
(a) Take all steps necessary to enable an appropriate tribunal
in
of
this state
or
,
another state
, or a foreign country
to obtain jurisdiction over the respondent.
Section
82
.
769.307 (2) (d) of the statutes is amended to read:
769.307
(2)
(d) Within
10
2
days, exclusive of Saturdays, Sundays
,
and legal holidays, after receipt of
a written
notice
in a record
from an initiating, responding
,
or registering tribunal, send a copy of the notice to the petitioner.
Section
83
.
769.307 (2) (e) of the statutes is amended to read:
769.307
(2)
(e) Within
10
2
days, exclusive of Saturdays, Sundays
,
and legal holidays, after receipt of
a written
communication
in a record
from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.
Section
84
.
769.307 (3) of the statutes is renumbered 769.307 (6) and amended to read:
769.307
(6)
This chapter does not create
or negate
a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency
nor does this chapter affect an attorney-client relationship or a fiduciary relationship that arises under other law
.
Section
85
.
769.307 (3m) of the statutes is created to read:
769.307
(3m)
A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts to do either of the following:
(a) Ensure that the order to be registered is the controlling order.
(b) If 2 or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
Section
86
.
769.307 (4) of the statutes is created to read:
769.307
(4)
A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
Section
87
.
769.307 (5) of the statutes is created to read:
769.307
(5)
A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state under s. 769.319.
Section
88
.
769.308 of the statutes is renumbered 769.308 (1).
Section
89
.
769.308 (2) of the statutes is created to read:
769.308
(2)
The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Section
90
.
769.31 (2) (b) of the statutes is amended to read:
769.31
(2)
(b) Maintain a register of
names and addresses of
tribunals and support enforcement agencies received from other states.
Section
91
.
769.31 (2) (c) of the statutes is amended to read:
769.31
(2)
(c) Forward to the appropriate tribunal in the
place
county
in this state in which the
individual
obligee
who is an individual
or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from
an initiating tribunal or the state information agency of the initiating
another
state
or a foreign country
.
Section
92
.
769.311 (1) of the statutes is amended to read:
769.311
(1)
A
In a proceeding under this chapter, a
petitioner seeking to establish
or modify
a support order
or
,
to determine parentage
in a proceeding under this chapter
of a child, or to register and modify a support order of a tribunal of another state or a foreign country
must
verify the
file a
petition. Unless otherwise ordered under s. 769.312, the petition or accompanying documents must provide, so far as known, the names, residential addresses,
and
social security numbers
and dates of birth
of the obligor and the obligee
or the parent and alleged parent,
and the name, sex, residential address, social security number
,
and date of birth of each child for
whom
whose benefit
support is sought
. The
or whose parentage is to be determined. Unless filed at the time of registration, the
petition must be accompanied by a
certified
copy of any support order
in effect
known to have been issued by another tribunal
. The petition may include any other information that may assist in locating or identifying the respondent.
Section
93
.
769.312 of the statutes is amended to read:
769.312
Nondisclosure of information in exceptional circumstances.
Upon a finding, which may be made ex parte,
If a party alleges in an affidavit or a pleading under oath
that the health, safety
,
or liberty of a party or child would be
unreasonably put at risk
jeopardized
by the disclosure of
specific
identifying information,
or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying
that
information
must be sealed and may
not be disclosed
in a pleading or other document filed in a proceeding under this chapter
to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice
.
Section
94
.
769.313 (2) of the statutes is amended to read:
769.313
(2)
If an obligee prevails, a responding tribunal
of this state
may assess against an obligor filing fees, reasonable attorney fees, other costs
,
and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs
,
or expenses against the obligee or the support enforcement agency of either the initiating or
the
responding state
or foreign country
, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs
,
and expenses.
Section
95
.
769.314 (1) of the statutes is amended to read:
769.314
(1)
Participation by a petitioner in a proceeding
under this chapter
before a responding tribunal, whether in person, by private attorney
,
or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
Section
96
.
769.314 (3) of the statutes is amended to read:
769.314
(3)
The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while
physically
present in this state to participate in the proceeding.
Section
97
.
769.316 (1) of the statutes is amended to read:
769.316
(1)
The physical presence of
the petitioner
a nonresident party who is an individual
in a
responding
tribunal of this state is not required for the establishment, enforcement
,
or modification of a support order or the rendition of a judgment determining parentage
of a child
.
Section
98
.
769.316 (2) of the statutes is amended to read:
769.316
(2)
A verified petition,
An
affidavit,
a
document substantially complying with federally mandated forms, or a document incorporated by reference in any of them,
that would
not
be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
oath
penalty of perjury
by a party or witness residing
in another
outside this
state.
Section
99
.
769.316 (4) of the statutes is amended to read:
769.316
(4)
Copies of bills for testing for parentage
of a child
, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary
,
and customary.
Section
100
.
769.316 (5) of the statutes is amended to read:
769.316
(5)
Documentary evidence transmitted from
another
outside this
state to a tribunal of this state by telephone, telecopier
,
or other
electronic
means that do not provide an original
writing
record
may not be excluded from evidence on an objection based on the means of transmission.
Section
101
.
769.316 (6) of the statutes is amended to read:
769.316
(6)
In a proceeding under this chapter, a tribunal of this state
may
shall
permit a party or witness residing
in another
outside this
state to be deposed or to testify
under penalty of perjury
by telephone, audiovisual means
,
or other electronic means at a designated tribunal or other location
in that state
. A tribunal of this state shall cooperate with
other
tribunals
of other states
in designating an appropriate location for the deposition or testimony.
Section
102
.
769.316 (10) of the statutes is created to read:
769.316
(10)
A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Section
103
.
769.317 of the statutes is amended to read:
769.317
Communications between tribunals.
A tribunal of this state may communicate with a tribunal
of another
outside this
state in
writing,
a record
or by telephone
, electronic mail,
or other means, to obtain information concerning the laws
of that state
, the legal effect of a judgment, decree
,
or order of that tribunal
,
and the status of a proceeding
in the other state
. A tribunal of this state may furnish similar information by similar means to a tribunal
of another
outside this
state.
Section
104
.
769.318 (1) of the statutes is amended to read:
769.318
(1)
Request a tribunal
of another
outside this
state to assist in obtaining discovery.
Section
105
.
769.318 (2) of the statutes is amended to read:
769.318
(2)
Upon request, compel a person over
whom
which
it has jurisdiction to respond to a discovery order issued by a tribunal
of another
outside this
state.
Section
106
.
769.319 of the statutes is renumbered 769.319 (1) and amended to read:
769.319
(1)
A support enforcement agency, its designee
,
or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee
,
or the tribunal shall furnish to a requesting party or tribunal of another state
or a foreign country
a certified statement by the custodian of the record of the amounts and dates of all payments received.
Section
107
.
769.319 (2) of the statutes is created to read:
769.319
(2)
If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall do all of the following:
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
(b) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
Section
108
.
769.319 (3) of the statutes is created to read:
769.319
(3)
The support enforcement agency of this state receiving redirected payments from another state under a law similar to sub. (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Section
109
.
Subchapter IV (title) of chapter 769 [precedes 769.401] of the statutes is amended to read:
CHAPTER 769
SUBCHAPTER IV
ESTABLISHMENT OF SUPPORT ORDER
or determination of parentage
Section
110
.
769.401 (1) (intro.) of the statutes is amended to read:
769.401
(1)
(intro.) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state
with personal jurisdiction over the parties
may issue a support order if any of the following applies:
Section
111
.
769.401 (1) (a) of the statutes is amended to read:
769.401
(1)
(a) The individual seeking the order resides
in another
outside this
state.
Section
112
.
769.401 (1) (b) of the statutes is amended to read:
769.401
(1)
(b) The support enforcement agency seeking the order is located
in another
outside this
state.
Section
113
.
769.401 (2) of the statutes is repealed and recreated to read:
769.401
(2)
The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:
(a) A presumed father of the child.
(b) An individual who is petitioning to have his paternity adjudicated.
(c) An individual who has been identified as the father of the child through genetic testing.
(d) An alleged father of the child who has declined to submit to genetic testing.
(e) An individual who has been shown by clear and convincing evidence to be the father of the child.
(f) An individual who has acknowledged paternity of the child under s. 767.805.
(g) The mother of the child.
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
Section
114
.
769.402 of the statutes is created to read:
769.402
Proceeding to determine parentage.
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
Section
115
.
Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:
CHAPTER 769
SUBCHAPTER V
ENFORCEMENT OF
Support
ORDER
OF ANOTHER STATE
WITHOUT REGISTRATION
Section
116
.
769.501 of the statutes is amended to read:
769.501
Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent
by or on behalf of the obligee, or by the support enforcement agency,
to the obligor's employer without first filing a petition or comparable pleading or registering the income-withholding order with a tribunal of this state.
Section
117
.
769.505 of the statutes is amended to read:
769.505
Penalties for noncompliance.
An employer that willfully fails to comply with an income-withholding order issued
by
in
another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an income-withholding order issued by a tribunal of this state.
Section
118
.
769.506 (1) of the statutes is amended to read:
769.506
(1)
An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state
by registering the order in a tribunal of this state and filing a contest to that order as provided in subch. VI, or otherwise contesting the order
in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.
Section
119
.
769.507 (1) of the statutes is amended to read:
769.507
(1)
A party
or support enforcement agency
seeking to enforce a support order or an income-withholding order, or both, issued
by a tribunal of
in
another state
or a foreign support order
may send the documents required for registering the order to a support enforcement agency of this state.
Section
120
.
Subchapter VI (title) of chapter 769 [precedes 769.601] of the statutes is amended to read:
CHAPTER 769
SUBCHAPTER VI
ENFORCEMENT
Registration,
enforcement,
AND MODIFICATION OF
SUPPORT ORDER
AFTER REGISTRATION
Section
121
.
769.601 of the statutes is amended to read:
769.601
Registration of order for enforcement.
A support order or an income-withholding order issued
by a tribunal of
in
another state
or a foreign support order
may be registered in this state for enforcement.
Section
122
.
769.602 (1) (intro.) of the statutes is amended to read:
769.602
(1)
(intro.)
A
Except as provided in s. 769.706, a
support order or income-withholding order of another state
or a foreign support order
may be registered in this state by sending all of the following
documents and information
records
to the appropriate tribunal in this state:
Section
123
.
769.602 (1) (c) of the statutes is amended to read:
769.602
(1)
(c) A sworn statement by the
party seeking
person requesting
registration or a certified statement by the custodian of the records showing the amount of any arrearage.
Section
124
.
769.602 (2) of the statutes is amended to read:
769.602
(2)
On receipt of a request for registration, the registering tribunal shall cause the order to be filed as
a foreign judgment
an order of another state or a foreign country
, together with one copy of the documents and information, regardless of their form.
Section
125
.
769.602 (4) of the statutes is created to read:
769.602
(4)
If 2 or more orders are in effect, the person requesting registration must do all of the following:
(a) Furnish to the tribunal a copy of every support order that is asserted to be in effect in addition to the documents specified in this section.
(b) Specify the order that is alleged to be the controlling order, if any.
(c) Specify the amount of the consolidated arrears, if any.
Section
126
.
769.602 (5) of the statutes is created to read:
769.602
(5)
A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Section
127
.
769.603 (1) of the statutes is amended to read:
769.603
(1)
A support order or income-withholding order issued in another state
or a foreign support order
is registered when the order is filed in the registering tribunal of this state.
Section
128
.
769.603 (2) of the statutes is amended to read:
769.603
(2)
A registered
support
order issued in another state
or a foreign country
is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
Section
129
.
769.603 (3) of the statutes is amended to read:
769.603
(3)
Except as otherwise provided in this
subchapter
chapter
, a tribunal of this state shall recognize and enforce, but may not modify, a registered
support
order if the issuing tribunal had jurisdiction.
Section
130
.
769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and amended to read:
769.604
(1)
(intro.)
The
Except as otherwise provided in sub. (4), the
law of the issuing state
or foreign country
governs
the
all of the following:
(a) The
nature, extent, amount
,
and duration of current payments
and other obligations of support and the
under a registered support order.
(b) The computation and
payment of arrearages
and accrual of interest on the arrearages
under the
support
order.
Section
131
.
769.604 (1) (c) of the statutes is created to read:
769.604
(1)
(c) The existence and satisfaction of other obligations under the support order.
Section
132
.
769.604 (2) of the statutes is amended to read:
769.604
(2)
In a proceeding for arrearages
under a registered support order
, the statute of limitations under the laws of this state or of the issuing state
or foreign country
, whichever is longer, applies.
Section
133
.
769.604 (3) of the statutes is created to read:
769.604
(3)
A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country that is registered in this state.
Section
134
.
769.604 (4) of the statutes is created to read:
769.604
(4)
After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.
Section
135
.
769.605 (1) of the statutes is amended to read:
769.605
(1)
Whenever a support order or income-withholding order issued in another state
or a foreign support order
is registered, the registering tribunal
of this state
shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
Section
136
.
769.605 (2) (a) of the statutes is amended to read:
769.605
(2)
(a) That a registered
support
order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.
Section
137
.
769.605 (2) (b) of the statutes is amended to read:
769.605
(2)
(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice
unless the registered order is under s. 769.707
.
Section
138
.
769.605 (2) (c) of the statutes is amended to read:
769.605
(2)
(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages
and precludes further contest of that order with respect to any matter that could have been asserted
.
Section
139
.
769.605 (2m) of the statutes is created to read:
769.605
(2m)
If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:
(a) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.
(b) Notify the nonregistering party of the right to a determination of which is the controlling order.
(c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.
(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
Section
140
.
769.605 (3) of the statutes is amended to read:
769.605
(3)
Upon registration of an income-withholding order for enforcement, the
support enforcement agency or the
registering tribunal shall notify the obligor's employer under s. 767.75 (2r).
Section
141
.
769.606 (title) of the statutes is amended to read:
769.606
(title)
Procedure to contest validity or enforcement of registered
support
order.
Section
142
.
769.606 (1) of the statutes is amended to read:
769.606
(1)
A nonregistering party seeking to contest the validity or enforcement of a registered
support
order in this state shall request a hearing within
20 days after the date of mailing or personal service of notice of the registration
the time required by s. 769.605
. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order
,
or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.
Section
143
.
769.606 (2) of the statutes is amended to read:
769.606
(2)
If the nonregistering party fails to contest the validity or enforcement of the registered
support
order in a timely manner, the order is confirmed by operation of law.
Section
144
.
769.606 (3) of the statutes is amended to read:
769.606
(3)
If a nonregistering party requests a hearing to contest the validity or enforcement of the registered
support
order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time
,
and place of the hearing.
Section
145
.
769.607 (1) (intro.) of the statutes is amended to read:
769.607
(1)
(intro.) A party contesting the validity or enforcement of a registered
support
order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
Section
146
.
769.607 (1) (h) of the statutes is created to read:
769.607
(1)
(h) That the alleged controlling order is not the controlling order.
Section
147
.
769.607 (2) of the statutes is amended to read:
769.607
(2)
If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of
the
a
registered
support
order, continue the proceeding to permit production of additional relevant evidence
,
or issue other appropriate orders. An uncontested portion of the registered
support
order may be enforced by all remedies available under the law of this state.
Section
148
.
769.607 (3) of the statutes is amended to read:
769.607
(3)
If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of
the
a registered support
order, the registering tribunal shall issue an order confirming the order.
Section
149
.
769.608 of the statutes is amended to read:
769.608
Confirmed order.
Confirmation of a registered
support
order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Section
150
.
769.609 of the statutes is amended to read:
769.609
Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in ss. 769.601 to
769.604
769.608
if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Section
151
.
769.61 of the statutes is amended to read:
769.61
Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered
support
order may be modified only if the requirements of s. 769.611
or 769.613
have been met.
Section
152
.
769.611 (1) (intro.) of the statutes is amended to read:
769.611
(1)
(intro.) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies
the responding
a
tribunal of this state may
, upon petition,
modify that child support order
only
if, after notice and hearing, it finds
at least
one of the following:
Section
153
.
769.611 (1) (a) 1. of the statutes is amended to read:
769.611
(1)
(a) 1. The child, the
individual
obligee
who is an individual
, and the obligor do not reside in the issuing state.
Section
154
.
769.611 (1) (b) of the statutes is amended to read:
769.611
(1)
(b) That
this state is the residence of the child, or a party who is
an individual
party or the child
is subject to the personal jurisdiction of the tribunal
of this state,
and that all of the
individual
parties
who are individuals
have filed
a written consent
consents in a record
in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction
over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order
.
Section
155
.
769.611 (3) of the statutes is amended to read:
769.611
(3)
A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state
, including the duration of the obligation of support
. If 2 or more tribunals have issued child support orders for the same obligor and
same
child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.
Section
156
.
769.611 (3m) of the statutes is created to read:
769.611
(3m)
In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes the imposition of a further obligation of support by a tribunal of this state.
Section
157
.
769.611 (5) of the statutes is created to read:
769.611
(5)
Notwithstanding subs. (1) to (4) and s. 769.201 (2m), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if one party resides in another state and the other party resides outside the United States.
Section
158
.
769.612 (intro.) of the statutes is amended to read:
769.612
Recognition of order modified in another state.
(intro.)
A tribunal of this state shall recognize a modification of its earlier
If a
child support order
issued by a tribunal of this state is modified
by a tribunal of another state that assumed jurisdiction under
a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall do
the Uniform Interstate Family Support Act,
all of the following
apply to a tribunal of this state
:
Section
159
.
769.612 (1) of the statutes is amended to read:
769.612
(1)
Enforce the
The tribunal may enforce its
order that was modified only as to
amounts
arrearages and interest
accruing before the modification.
Section
160
.
769.612 (2) of the statutes is repealed.
Section
161
.
769.612 (3) of the statutes is amended to read:
769.612
(3)
Provide other
The tribunal may provide
appropriate relief
only
for violations of
that
its
order that occurred before the effective date of the modification.
Section
162
.
769.612 (4) of the statutes is amended to read:
769.612
(4)
Recognize
The tribunal shall recognize
the modifying order of the other state, upon registration, for the purpose of enforcement.
Section
163
.
769.613 (title) of the statutes is amended to read:
769.613
(title)
Jurisdiction to modify
child
support order of another state when individual parties reside in this state.
Section
164
.
769.613 (1) of the statutes is amended to read:
769.613
(1)
If all of the
individual
parties
who are individuals
reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
Section
165
.
769.613 (2) of the statutes is amended to read:
769.613
(2)
A tribunal of this state exercising jurisdiction as provided in sub. (1) shall apply the provisions of this subchapter and subchs. I and II
and the procedural and substantive law of this state
to the enforcement or modification proceeding. Subchapters III to V, VII
,
and VIII do not apply
, and the tribunal shall apply the procedural and substantive law of this state
.
Section
166
.
769.615 of the statutes is created to read:
769.615
Jurisdiction to modify child support order of foreign country.
(1)
Except as provided in s. 769.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order under its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals who are subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under s. 769.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(2)
An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.
Section
167
.
769.616 of the statutes is created to read:
769.616
Procedure to register child support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under ss. 769.601 to 769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Section
168
.
Subchapter VII of chapter 769 [precedes 769.701] of the statutes is repealed and recreated to read:
chapter 769
Subchapter vii
support proceeding under
convention
769.701
Definitions.
In this subchapter:
(1)
"Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2)
"Central authority" means the entity designated by the United States or a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.
(3)
"Convention support order" means a support order of a tribunal of a foreign country described in s. 769.101 (3c) (d).
(3m)
"Department" means the department of children and families.
(4)
"Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5)
"Foreign central authority" means the entity designated by a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.
(6)
(a) "Foreign support agreement" means an agreement for support in a record to which all of the following apply:
1. It is enforceable as a support order in the country of origin.
2. It has been either of the following:
a. Formally drawn up or registered as an authentic instrument by a foreign tribunal.
b. Authenticated by, or concluded, registered, or filed with a foreign tribunal.
3. It may be reviewed and modified by a foreign tribunal.
(b) "Foreign support agreement" includes a maintenance arrangement or authentic instrument under the convention.
(7)
"United States central authority" means the secretary of the federal department of health and human services.
769.702
Applicability.
This subchapter applies only to a support proceeding under the convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchs. I to VI, this subchapter controls.
769.703
Relationship of governmental entity to United States central authority.
The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
769.704
Initiation by department of support proceeding under convention.
(1)
In a support proceeding under this subchapter, the department shall do all of the following:
(a) Transmit and receive applications.
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2)
All of the following support proceedings are available to an obligee under the convention:
(a) Recognition or recognition and enforcement of a foreign support order.
(b) Enforcement of a support order issued or recognized in this state.
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(d) Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).
(e) Modification of a support order of a tribunal of this state.
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3)
All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
(b) Modification of a support order of a tribunal of this state.
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4)
A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
769.705
Direct request.
(1)
A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(2)
A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ss. 769.706 to 769.713 apply.
(3)
In a direct request for recognition and enforcement of a convention support order or foreign support agreement all of the following apply:
(a) A security, bond, or deposit is not required to guarantee the payment of costs and expenses.
(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4)
A petitioner filing a direct request is not entitled to assistance from the department.
(5)
This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
769.706
Registration of convention support order.
(1)
Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in subch. VI.
(2)
Notwithstanding s. 769.311 and 769.602 (1), a request for registration of a convention support order must be accompanied by all of the following:
(a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.
(b) A record stating that the support order is enforceable in the issuing country.
(c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(d) A record showing the amount of arrears, if any, and the date the amount was calculated.
(e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.
(f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3)
A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4)
A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under s. 769.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5)
The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
767.707
Contest of registered convention support order.
(1)
Except as otherwise provided in this subchapter, ss. 769.605 to 769.608 apply to a contest of a registered convention support order.
(2)
A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3)
If the nonregistering party fails to contest the registered convention support order by the time specified in sub. (2), the order is enforceable.
(4)
A contest of a registered convention support order may be based only on grounds set forth in s. 769.708. The contesting party bears the burden of proof.
(5)
In a contest of a registered convention support order, all of the following apply to a tribunal of this state:
(a) The tribunal is bound by the findings of fact on which the foreign tribunal based its jurisdiction.
(b) The tribunal may not review the merits of the order.
(6)
A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7)
A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
769.708
Recognition and enforcement of registered convention support order.
(1)
Except as otherwise provided in sub. (2), a tribunal of this state shall recognize and enforce a registered convention support order.
(2)
The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(b) The issuing tribunal lacked personal jurisdiction consistent with s. 769.201.
(c) The order in not enforceable in the issuing country.
(d) The order was obtained by fraud in connection with a matter of procedure.
(e) A record transmitted in accordance with s. 769.706 lacks authenticity or integrity.
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose, if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
(h) Payment, to the extent alleged arrears have been paid in whole or in part.
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country, if either of the following applies:
1. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.
2. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(j) The order was made in violation of s. 769.711.
(3)
If a tribunal of this state does not recognize a convention support order under sub. (2) (b), (d), (f), or (i), both of the following apply:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
(b) The department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under s. 769.704.
769.709
Partial enforcement.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
769.710
Foreign support agreement.
(1)
Except as otherwise provided in subs. (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2)
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by all of the following:
(a) A complete text of the foreign support agreement.
(b) A record stating that the foreign support agreement is enforceable as a decision in the issuing country.
(3)
A tribunal of this state may vacate the registration of the foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4)
In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:
(a) Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(b) The agreement was obtained by fraud or falsification.
(c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country, if the support order is entitled to recognition and enforcement under this chapter in this state.
(d) The record submitted under sub. (2) lacks authenticity or integrity.
(5)
A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
769.711
Modification of convention child support order.
(1)
A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued, unless any of the following applies:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.
(b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2)
If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, s. 769.708 (3) applies:
769.712
Personal information; limit on use.
Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.
769.713
Record in original language; English translation.
A record filed with a tribunal of this state under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.
Section
169
.
769.802 (2) of the statutes is amended to read:
769.802
(2)
If, under this chapter or a law substantially similar to this chapter,
the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act,
the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
Section
170
.
769.901 of the statutes is amended to read:
769.901
Uniformity of application and construction.
This
In applying and construing this
chapter
shall be applied and construed to effectuate its general purpose to make uniform
, consideration must be given to the need to promote uniformity of
the law with respect to the subject of this chapter among states enacting it.
Section
171
.
769.903 (title) of the statutes is amended to read:
769.903
(title)
Severability
clause
.
Section
171m
.
769.904 of the statutes is created to read:
769.904
Notice of treaty ratification.
As soon as possible after the United States deposits the instrument of ratification for The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague Conference on Private International Law, the department of children and families shall publish a notice in the Wisconsin Administrative Register that states the date on which the instrument of ratification was deposited.
Section
172
.
Initial applicability.
(1) This act first applies to proceedings commenced on the effective date of this subsection to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Section
172m
.
0
Effective date.
(1c)
This act takes effect on the date stated in the notice published in the Wisconsin Administrative Register under section 769.904 of the statutes, as created by this act.
