769.602(5) (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.
769.602 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.603 769.603 Effect of registration for enforcement.
769.603(1) (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.
769.603(2) (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.
769.603(3) (3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
769.603 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.604 769.604 Choice of law.
769.604(1)(1) Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs all of the following:
769.604(1)(a) (a) The nature, extent, amount, and duration of current payments under a registered support order.
769.604(1)(b) (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
769.604(1)(c) (c) The existence and satisfaction of other obligations under the support order.
769.604(2) (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.
769.604(3) (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.
769.604(4) (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.
769.604 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.605 769.605 Notice of registration of order.
769.605(1) (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.
769.605(2) (2) The notice must inform the nonregistering party of all of the following:
769.605(2)(a) (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.
769.605(2)(b) (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.
769.605(2)(c) (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.
769.605(2)(d) (d) The amount of any alleged arrearages.
769.605(2m) (2m) If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:
769.605(2m)(a) (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.
769.605(2m)(b) (b) Notify the nonregistering party of the right to a determination of which is the controlling order.
769.605(2m)(c) (c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.
769.605(2m)(d) (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.
769.605(3) (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).
769.605 History History: 1993 a. 326; 1997 a. 27; 2005 a. 443 s. 265; 2009 a. 321; 2015 a. 82 s. 12.
769.606 769.606 Procedure to contest validity or enforcement of registered support order.
769.606(1) (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within 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.
769.606(2) (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.
769.606(3) (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.
769.606 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
769.607 769.607 Contest of registration or enforcement.
769.607(1) (1) 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:
769.607(1)(a) (a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
769.607(1)(b) (b) That the order was obtained by fraud.
769.607(1)(c) (c) That the order has been vacated, suspended or modified by a later order.
769.607(1)(d) (d) That the issuing tribunal has stayed the order pending appeal.
769.607(1)(e) (e) That there is a defense under the law of this state to the remedy sought.
769.607(1)(f) (f) That full or partial payment has been made.
769.607(1)(g) (g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
769.607(1)(h) (h) That the alleged controlling order is not the controlling order.
769.607(2) (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of 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.
769.607(3) (3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
769.607 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.607 Annotation Section 804.12, which allows the court to dismiss an action as a sanction for discovery violations, applies to actions involving a contest of registration or enforcement of child support orders under this section. Granting a motion for dismissal, however, without addressing whether the violations were egregious constituted an erroneous exercise of discretion. Halko v. Halko, 2005 WI App 99, 281 Wis. 2d 825, 698 N.W.2d 832, 04-1228.
769.608 769.608 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.
769.608 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.609 769.609 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 769.608 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.
769.609 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.61 769.61 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.
769.61 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.611 769.611 Modification of child support order of another state.
769.611(1)(1) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies a tribunal of this state may, upon petition, modify that child support order if, after notice and hearing, it finds one of the following:
769.611(1)(a) (a) That all of the following requirements are met:
769.611(1)(a)1. 1. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.
769.611(1)(a)2. 2. A petitioner who is a nonresident of this state seeks modification.
769.611(1)(a)3. 3. The respondent is subject to the personal jurisdiction of the tribunal of this state.
769.611(1)(b) (b) That this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and that all of the parties who are individuals have filed 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.
769.611(2) (2) Modification of a registered child support order is subject to the same requirements, procedures and defenses as apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
769.611(3) (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.
769.611(3m) (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.
769.611(4) (4) Upon issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
769.611(5) (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.
769.611 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 9, 12.
769.611 Annotation Unless the specific conditions listed in this section are satisfied, the court may not modify a child support order even though the court has subject matter jurisdiction. Cepukenas v. Cepukenas, 221 Wis. 2d 166, 584 N.W.2d 227 (Ct. App. 1998), 97-1815.
769.612 769.612 Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act, all of the following apply to a tribunal of this state:
769.612(1) (1) The tribunal may enforce its order that was modified only as to arrearages and interest accruing before the modification.
769.612(3) (3) The tribunal may provide appropriate relief for violations of its order that occurred before the effective date of the modification.
769.612(4) (4) The tribunal shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
769.612 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
769.613 769.613 Jurisdiction to modify child support order of another state when individual parties reside in this state.
769.613(1)(1) If all of the 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.
769.613(2) (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.
769.613 History History: 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
769.614 769.614 Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the modified child support order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier child support order, and in each tribunal in which the party knows that the earlier child support order has been registered. Failure of the party obtaining the modified child support order to file a certified copy as required by this section 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 modified child support order of the new tribunal of continuing, exclusive jurisdiction.
769.614 History History: 1997 a. 27 s. 5133; Stats. 1997 s. 769.614.
769.615 769.615 Jurisdiction to modify child support order of foreign country.
769.615(1)(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.
769.615(2) (2) An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.
769.615 History History: 2009 a. 321; 2015 a. 82 s. 12.
769.616 769.616 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.
769.616 History History: 2009 a. 321; 2015 a. 82 s. 12.
subch. VII of ch. 769 SUBCHAPTER VII
SUPPORT PROCEEDING UNDER CONVENTION
769.701 769.701 Definitions. In this subchapter:
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders effective before August 19, 2016. Published and certified under s. 35.18. Changes effective after August 19, 2016 are designated by NOTES. (Published 8-19-16)