Effective date text (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.
Effective date text (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.
769.606 769.606 Procedure to contest validity or enforcement of registered order.
769.606(1)(1) A nonregistering party seeking to contest the validity or enforcement of a registered 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 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 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 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 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 769.606Procedure to contest validity or enforcement of registered support order. (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.
Effective date text (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.
Effective date text (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.
769.607 769.607 Contest of registration or enforcement.
769.607(1) (1) A party contesting the validity or enforcement of a registered 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(2) (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence or issue other appropriate orders. An uncontested portion of the registered 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 the order, the registering tribunal shall issue an order confirming the order.
769.607 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 769.607Contest of registration or enforcement. (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:
Effective date text (a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
Effective date text (b) That the order was obtained by fraud.
Effective date text (c) That the order has been vacated, suspended or modified by a later order.
Effective date text (d) That the issuing tribunal has stayed the order pending appeal.
Effective date text (e) That there is a defense under the law of this state to the remedy sought.
Effective date text (f) That full or partial payment has been made.
Effective date text (g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
Effective date text (h) That the alleged controlling order is not the controlling order.
Effective date text (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.
Effective date text (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.
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 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 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 769.608Confirmed 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.
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 769.604 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 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 769.609Procedure 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.
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 order may be modified only if the requirements of s. 769.611 have been met.
769.61 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 769.61Effect 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.
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 the responding tribunal of this state may modify that child support order only if, after notice and hearing, it finds at least one of the following:
769.611(1)(a) (a) That all of the following requirements are met:
769.611(1)(a)1. 1. The child, the individual obligee and the obligor do not reside 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 an individual party or the child is subject to the personal jurisdiction of the tribunal and that all of the individual parties have filed a written consent 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.
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. If 2 or more tribunals have issued child support orders for the same obligor and 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(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 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 769.611Modification of child support order of another state. (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:
Effective date text (a) That all of the following requirements are met:
Effective date text 1. The child, the obligee who is an individual, and the obligor do not reside in the issuing state.
Effective date text 2. A petitioner who is a nonresident of this state seeks modification.
Effective date text 3. The respondent is subject to the personal jurisdiction of the tribunal of this state.
Effective date text (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.
Effective date text (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.
Effective date text (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.
Effective date text (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.
Effective date text (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.
Effective date text (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.
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. A tribunal of this state shall recognize a modification of its earlier child support order 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 all of the following:
769.612(1) (1) Enforce the order that was modified only as to amounts accruing before the modification.
769.612(2) (2) Enforce only nonmodifiable aspects of that order.
769.612(3) (3) Provide other appropriate relief only for violations of that order that occurred before the effective date of the modification.
769.612(4) (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
769.612 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 769.612Recognition 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:
Effective date text (1) The tribunal may enforce its order that was modified only as to arrearages and interest accruing before the modification.
Effective date text (3) The tribunal may provide appropriate relief for violations of its order that occurred before the effective date of the modification.
Effective date text (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.
769.613 769.613 Jurisdiction to modify support order of another state when individual parties reside in this state.
769.613(1)(1) If all of the individual parties 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 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.
769.613 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 769.613Jurisdiction to modify child support order of another state when individual parties reside in this state. (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.
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2011-12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Oct. 4, 2014. Published and certified under s. 35.18. Changes effective after Oct. 4, 2014 are designated by NOTES. (Published 10-4-14)