769.308
769.308
Duty of attorney general. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
769.308 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.308 Duty of attorney general. (1) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
Effective date text
(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.
769.308 History
History: 1993 a. 326;
2009 a. 321.
769.309
769.309
Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
769.309 History
History: 1993 a. 326.
769.31
769.31
Duties of state information agency. 769.31(1)
(1) The department of children and families is the state information agency under this chapter.
769.31(2)
(2) The state information agency shall do all of the following:
769.31(2)(a)
(a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state.
769.31(2)(b)
(b) Maintain a register of tribunals and support enforcement agencies received from other states.
769.31 Note
NOTE: Par. (b) is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
(b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states.
769.31(2)(c)
(c) Forward to the appropriate tribunal in the place in this state in which the individual obligee 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 state.
769.31 Note
NOTE: Par. (c) is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
(c) Forward to the appropriate tribunal in the county in this state in which the 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 another state or a foreign country.
769.31(2)(d)
(d) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.
769.311
769.311
Pleadings and accompanying documents. 769.311(1)(1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under
s. 769.312, the petition or accompanying documents must provide, so far as known, the names, residential addresses, social security numbers and dates of birth of the obligor and the obligee and the name, sex, residential address, social security number and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.
769.311 Note
NOTE: Sub. (1) is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
(1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must 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 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 whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
769.311(2)
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
769.311 History
History: 1993 a. 326;
2009 a. 321.
769.312
769.312
Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter.
769.312 Note
NOTE: This section is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.312 Nondisclosure of information in exceptional circumstances. 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 jeopardized by the disclosure of specific identifying information, that information must be sealed and may not be disclosed 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.
769.312 History
History: 1993 a. 326;
2009 a. 321.
769.313(1)(1) The petitioner may not be required to pay a filing fee or other costs.
769.313(2)
(2) If an obligee prevails, a responding tribunal 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, 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.
769.313 Note
NOTE: Sub. (2) is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
(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 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.
769.313(3)
(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under
subch. VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
769.313 History
History: 1993 a. 326;
2009 a. 321.
769.314
769.314
Limited immunity of petitioner. 769.314(1)
(1) Participation by a petitioner in a proceeding 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.
769.314(2)
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
769.314(3)
(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 present in this state to participate in the proceeding.
769.314 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.314 Limited immunity of petitioner. (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.
Effective date text
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
Effective date text
(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.
769.314 History
History: 1993 a. 326;
2009 a. 321.
769.315
769.315
Nonparentage as defense. A party whose parentage of a child has been previously determined by or under law may not plead nonparentage as a defense to a proceeding under this chapter.
769.315 History
History: 1993 a. 326.
769.316
769.316
Special rules of evidence and procedure. 769.316(1)(1) The physical presence of the petitioner 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.
769.316(2)
(2) A verified petition, affidavit, document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.
769.316(3)
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
769.316(4)
(4) Copies of bills for testing for parentage, 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.
769.316(5)
(5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
769.316(6)
(6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify 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 tribunals of other states in designating an appropriate location for the deposition or testimony.
769.316(7)
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
769.316(8)
(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
769.316(9)
(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
769.316 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.316 Special rules of evidence and procedure. (1) The physical presence of a nonresident party who is an individual in a 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.
Effective date text
(2) 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 penalty of perjury by a party or witness residing outside this state.
Effective date text
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
Effective date text
(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.
Effective date text
(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
Effective date text
(6) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing 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. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
Effective date text
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
Effective date text
(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
Effective date text
(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
Effective date text
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
769.317
769.317
Communications between tribunals. A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone 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 state.
769.317 Note
NOTE: This section is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.317 Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
769.317 History
History: 1993 a. 326;
2009 a. 321.
769.318
769.318
Assistance with discovery. A tribunal of this state may do all of the following:
769.318(1)
(1) Request a tribunal of another state to assist in obtaining discovery.
769.318(2)
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
769.318 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.318 Assistance with discovery. A tribunal of this state may do all of the following:
Effective date text
(1) Request a tribunal outside this state to assist in obtaining discovery.
Effective date text
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
769.318 History
History: 1993 a. 326;
2009 a. 321.
769.319
769.319
Receipt and disbursement of payments. 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 a certified statement by the custodian of the record of the amounts and dates of all payments received.
769.319 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.319 Receipt and disbursement of payments. (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.
Effective date text
(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:
Effective date text
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
Effective date text
(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.
Effective date text
(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.
