769.207(1c)(1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.
769.207(1m) (1m) 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 with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which child support order to recognize for purposes of continuing, exclusive jurisdiction:
769.207(1m)(a) (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.
769.207(1m)(b) (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 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.
769.207(1m)(c) (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 issue a child support order, which is controlling and must be recognized.
769.207(1r) (1r) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which child support order controls and must be recognized under sub. (1m). The request must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every 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.
769.207(2) (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 s. 769.205.
769.207(3) (3) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b), or that issues a new child support order that is controlling under sub. (1m) (c), shall include in that order the basis upon which the tribunal made its determination.
769.207(4) (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.
769.207 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 769.207Determination of controlling child support order. (1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.
Effective date text (1m) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of this state, 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 and by order shall determine which child support order controls and must be recognized:
Effective date text (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal controls.
Effective date text (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 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 controls.
Effective date text (c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.
Effective date text (1r) If 2 or more child support orders have been issued for the same obligor and same child, 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 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.
Effective date text (1t) A request to determine which is the controlling child support order must be accompanied by a copy of every child support order issued for the obligor and child that is in effect 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 notice of the request for that determination.
Effective date text (2) The tribunal that issued the order that is controlling under sub. (1c), (1m), or (1r) has continuing jurisdiction to the extent provided in s. 769.205 or 769.206.
Effective date text (3) 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 state in that order all of the following:
Effective date text (a) The basis upon which the tribunal made its determination.
Effective date text (b) The amount of prospective support, if any.
Effective date text (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.
Effective date text (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.
Effective date text (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.
769.207 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321.
769.208 769.208 Multiple 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, 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.
769.208 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 769.208Child support orders for 2 or more obligees. In responding to 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 orders had been issued by a tribunal of this state.
769.208 History History: 1993 a. 326; 2009 a. 321.
769.209 769.209 Credit for payments. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.
769.209 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 769.209Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
769.209 History History: 1993 a. 326; 2009 a. 321.
769.210 769.210 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.
769.210 Note NOTE: This section is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.210 History History: 2009 a. 321.
769.211 769.211 Continuing, exclusive jurisdiction to modify spousal support order.
769.211(1) (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.
769.211(2) (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.
769.211(3) (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:
769.211(3)(a) (a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.
769.211(3)(b) (b) A responding tribunal to enforce or modify its own spousal support order.
769.211 Note NOTE: This section is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.211 History History: 2009 a. 321.
subch. III of ch. 769 SUBCHAPTER III
CIVIL PROVISIONS OF GENERAL APPLICATION
769.301 769.301 Proceedings under this chapter.
769.301(1) (1) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
769.301(2) (2) This chapter provides for all of the following proceedings:
769.301(2)(a) (a) Under subch. IV, establishment of an order for spousal support or child support.
769.301(2)(b) (b) Under subch. V, enforcement of a support order and income-withholding order of another state without registration.
769.301(2)(c) (c) Under subch. VI, registration of an order for spousal support or child support of another state for enforcement.
769.301(2)(d) (d) Under subch. II, modification of an order for child support or spousal support issued by a tribunal of this state.
769.301(2)(e) (e) Under subch. VI, registration of an order for child support of another state for modification.
769.301(2)(f) (f) Under subch. VII, determination of parentage.
769.301(2)(g) (g) Under subch. II, assertion of jurisdiction over nonresidents.
769.301(3) (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 that has or can obtain personal jurisdiction over the respondent.
769.301 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 769.301Proceedings under this chapter. (1) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
Effective date text (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.
769.301 History History: 1993 a. 326; 2009 a. 321.
769.302 769.302 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).
769.302 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 769.302Action 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.
769.302 History History: 1993 a. 326; 2001 a. 61; 2005 a. 443 s. 265; 2009 a. 321.
769.303 769.303 Application of law of this state. Except as otherwise provided by this chapter, a responding tribunal of this state shall do all of the following:
769.303(1) (1) Apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.
769.303(2) (2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
769.303 History History: 1993 a. 326.
769.304 769.304 Duties of initiating tribunal.
769.304(1) (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.
769.304(2) (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.
769.304 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 769.304Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward 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.
Effective date text (2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal 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 foreign tribunal.
769.304 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321.
769.305 769.305 Duties and powers of responding tribunal.
769.305(1)(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.
769.305 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) 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 where and when it was filed.
769.305(2) (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do any of the following:
769.305 Note NOTE: Sub. (2) (intro.) 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) A responding tribunal of this state, to the extent not prohibited by other law, may do any of the following:
769.305(2)(a) (a) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage.
769.305 Note NOTE: Par. (a) 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 (a) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child.
769.305(2)(b) (b) Order an obligor to comply with a support order specifying the amount and the manner of compliance.
769.305 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) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
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2011-12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Sept. 3, 2014. Published and certified under s. 35.18. Changes effective after Sept. 3, 2014 are designated by NOTES. (Published 9-3-14)