AB100-engrossed, s. 5114
5Section
5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and
6amended to read:
AB100-engrossed,2179,11
7769.501 (title)
Recognition
Employer's receipt of income-withholding
8order of another state. An income-withholding order issued in another state may
9be sent
by 1st class mail to the obligor's employer without first filing a petition or
10comparable pleading or registering the
income-withholding order with a tribunal of
11this state.
Upon receipt of the order, the employer shall do all of the following:
AB100-engrossed, s. 5118
15Section
5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and
16amended to read:
AB100-engrossed,2179,2017
769.506
(1) An obligor may contest the validity or enforcement of an
18income-withholding order issued in another state
and received directly by an
19employer in this state in the same manner as if the order had been issued by a
20tribunal of this state. Section 769.604 applies to the contest.
AB100-engrossed,2179,21
21(2) The obligor shall give notice of the contest to
any all of the following:
AB100-engrossed,2179,23
22(a) A support enforcement agency providing services to the obligee
and to either
23of the following:.
AB100-engrossed, s. 5119
24Section
5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and
25amended to read:
AB100-engrossed,2180,2
1769.506
(2) (c)
The Except as provided in par. (d), the person or agency
2designated to receive payments in the income-withholding order.
AB100-engrossed, s. 5120
3Section
5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and
4amended to read:
AB100-engrossed,2180,65
769.506
(2) (d) If no person or agency is designated
to receive payments in the
6income-withholding order, the obligee.
AB100-engrossed,2180,10
8769.502 Employer's compliance with income-withholding order of
9another state. (1) Upon receipt of an income-withholding order under s. 769.501,
10the obligor's employer shall immediately provide a copy of the order to the obligor.
AB100-engrossed,2180,13
11(2) The employer shall treat an income-withholding order issued in another
12state that appears to be regular on its face as if it had been issued by a tribunal of
13this state.
AB100-engrossed,2180,16
14(3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold
15and distribute the funds as directed in the income-withholding order by complying
16with the terms of the order, as applicable, that specify any of the following:
AB100-engrossed,2180,1817
(a) The duration and amount of periodic payments of current child support,
18stated as a sum certain.
AB100-engrossed,2180,2019
(b) The person or agency designated to receive payments and the address to
20which the payments are to be forwarded.
AB100-engrossed,2180,2321
(c) Medical support, whether in the form of periodic cash payments, stated as
22a sum certain, or the provision of health insurance coverage for the child under a
23policy available through the obligor's employment.
AB100-engrossed,2181,3
1(d) The amounts of periodic payments of fees and costs for a support
2enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums
3certain.
AB100-engrossed,2181,54
(e) The amount of periodic payments of arrears and interest on arrears, stated
5as a sum certain.
AB100-engrossed,2181,7
6(4) The employer shall comply with the law of the state of the obligor's principal
7place of employment for withholding from income with respect to all of the following:
AB100-engrossed,2181,88
(a) The employer's fee for processing an income-withholding order.
AB100-engrossed,2181,99
(b) The maximum amount permitted to be withheld from the obligor's income.
AB100-engrossed,2181,1110
(c) The time periods within which the employer must implement the
11income-withholding order and forward the child support payment.
AB100-engrossed,2181,18
13769.503 Compliance with multiple income-withholding orders. If an
14obligor's employer receives multiple orders to withhold support from the earnings of
15the same obligor, the employer shall be considered to have satisfied the terms of the
16multiple orders if the employer complies with the law of the state of the obligor's
17principal place of employment to establish the priorities for withholding and
18allocating income withheld for multiple child support obligees.
AB100-engrossed,2181,23
20769.504 Immunity from civil liability. An employer that complies with an
21income-withholding order issued in another state in accordance with this
22subchapter is not subject to civil liability to any individual or agency with regard to
23the employer's withholding of child support from an obligor's income.
AB100-engrossed,2182,4
1769.505 Penalties for noncompliance. An employer that wilfully fails to
2comply with an income-withholding order issued by another state and received for
3enforcement is subject to the same penalties that may be imposed for noncompliance
4with an income-withholding order issued by a tribunal of this state.
AB100-engrossed,2182,6
6769.506 (title)
Contest by obligor.
AB100-engrossed,2182,98
769.506
(2) (b) Each employer that has directly received an
9income-withholding order.
AB100-engrossed,2182,14
11769.507 Administrative enforcement of orders. (1) A party seeking to
12enforce a support order or an income-withholding order, or both, issued by a tribunal
13of another state may send the documents required for registering the order to a
14support enforcement agency of this state.
AB100-engrossed,2182,21
15(2) Upon receipt of the documents, the support enforcement agency, without
16initially seeking to register the order, shall consider and, if appropriate, use any
17administrative procedure authorized by the law of this state to enforce a support
18order or an income-withholding order, or both. If the obligor does not contest
19administrative enforcement, the order need not be registered. If the obligor contests
20the validity or administrative enforcement of the order, the support enforcement
21agency shall register the order as provided in this chapter.
AB100-engrossed,2183,323
769.605
(1) Whenever a support order or income-withholding order issued in
24another state is registered, the registering tribunal shall notify the nonregistering
25party.
Notice must be given by 1st class, certified or registered mail or by any means
1of personal service authorized by the law of this state. The notice must be
2accompanied by a copy of the registered order and the documents and relevant
3information accompanying the order.
AB100-engrossed,2183,85
769.606
(3) If a nonregistering party requests a hearing to contest the validity
6or enforcement of the registered order, the registering tribunal shall schedule the
7matter for hearing and give notice to the parties
by 1st class mail of the date, time
8and place of the hearing.
AB100-engrossed,2183,1310
769.611
(1) (intro.) After a child support order issued in another state has been
11registered in this state,
unless s. 769.613 applies the responding tribunal of this state
12may modify that
child support order only if, after notice and hearing, it finds at least
13one of the following:
AB100-engrossed,2183,2215
769.611
(1) (b) That an individual party or the child is subject to the personal
16jurisdiction of the tribunal and that all of the individual parties have filed a written
17consent in the issuing tribunal providing that a tribunal of this state may modify the
18child support order and assume continuing, exclusive jurisdiction over the
child
19support order.
However, if the issuing state is a foreign jurisdiction that has not
20enacted this chapter, the written consent of the individual party residing in this state
21is not required for the tribunal to assume jurisdiction to modify the child support
22order.
AB100-engrossed,2184,324
769.611
(3) A tribunal of this state may not modify any aspect of a child support
25order that may not be modified under the law of the issuing state.
If 2 or more
1tribunals have issued child support orders for the same obligor and child, the child
2support order that is controlling and must be recognized under s. 769.207 establishes
3the nonmodifiable aspects of the support order.
AB100-engrossed,2184,15
6769.614 (title)
Notice to issuing tribunal of modification. Within 30 days
7after issuance of a modified child support order, the party obtaining the modification
8shall file a certified copy of the
modified child support order with the issuing tribunal
9that had continuing, exclusive jurisdiction over the earlier
child support order, and
10in each tribunal in which the party knows that
the earlier
child support order has
11been registered.
Failure of the party obtaining the modified child support order to
12file a certified copy as required by this section subjects the party to appropriate
13sanctions by a tribunal in which the issue of failure to file arises, but that failure has
14no effect on the validity or enforceability of the modified child support order of the
15new tribunal of continuing, exclusive jurisdiction.
AB100-engrossed,2184,21
17769.613 Jurisdiction to modify support order of another state when
18individual parties reside in this state. (1) If all of the individual parties reside
19in this state and the child does not reside in the issuing state, a tribunal of this state
20has jurisdiction to enforce and to modify the issuing state's child support order in a
21proceeding to register that order.
AB100-engrossed,2184,25
22(2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall
23apply the provisions of this subchapter and subchs. I and II to the enforcement or
24modification proceeding. Subchapters III to V, VII and VIII do not apply, and the
25tribunal shall apply the procedural and substantive law of this state.
AB100-engrossed,2185,82
769.701
(1) A tribunal of this state may serve as an initiating or responding
3tribunal in a proceeding brought under this chapter or a law substantially similar
4to this chapter, the
uniform reciprocal enforcement of support act or the revised
5uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of
6Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to
7determine that the petitioner is a parent of a particular child or to determine that
8a respondent is a parent of that child.
AB100-engrossed,2185,2010
769.802
(2) If, under this chapter or a law substantially similar to this chapter,
11the
uniform reciprocal enforcement of support act or the revised uniform reciprocal
12enforcement of support act Uniform Reciprocal Enforcement of Support Act or the
13Revised Uniform Reciprocal Enforcement of Support Act, the governor of another
14state makes a demand that the governor of this state surrender an individual
15charged criminally in that state with having failed to provide for the support of a
16child or other individual to whom a duty of support is owed, the governor may require
17a prosecutor to investigate the demand and report whether a proceeding for support
18has been initiated or would be effective. If it appears that a proceeding would be
19effective but has not been initiated, the governor may delay honoring the demand for
20a reasonable time to permit the initiation of a proceeding.
AB100-engrossed,2186,11
22778.02 Action in name of state; complaint; attachment. Every such
23forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
24allege in the complaint that the defendant is indebted to the plaintiff in the amount
25of the forfeiture claimed, according to the provisions of the statute that imposes it,
1specifying the statute and for the penalty assessment imposed by s. 165.87, the jail
2assessment imposed by s. 302.46 (1)
, the crime laboratories and drug law
3enforcement assessment imposed by s. 165.755, the enforcement assessment
4imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse
5assessment imposed by s. 973.055 (1). If the statute imposes a forfeiture for several
6offenses or delinquencies the complaint shall specify the particular offense or
7delinquency for which the action is brought, with a demand for judgment for the
8amount of the forfeiture, penalty assessment, jail assessment
, crime laboratories
9and drug law enforcement assessment, any applicable enforcement assessment and
10any applicable domestic abuse assessment. If the defendant is a nonresident of the
11state, an attachment may issue.
AB100-engrossed,2186,20
13778.03 Complaint to recover forfeited goods. In an action to recover
14property forfeited by any statute it shall be sufficient to allege in the complaint that
15the property has been forfeited, specifying the statute, with a demand of judgment
16for the delivery of the property, or the value thereof and for payment of the penalty
17assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the
18crime laboratories and drug law enforcement assessment imposed by s. 165.755, the
19enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable
20domestic abuse assessment imposed by s. 973.055 (1).
AB100-engrossed,2187,4
22778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
23specific sum or when it is not less than one sum or more than another, the action may
24be brought for the highest sum specified and for the penalty assessment imposed by
25s. 165.87, the jail assessment imposed by s. 302.46 (1)
, the crime laboratories and
1drug law enforcement assessment imposed by s. 165.755, the enforcement
2assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic
3abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such
4sum as the court or jury shall assess or determine to be proportionate to the offense.
AB100-engrossed,2187,23
6778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
7any ordinance or regulation of any county, town, city or village, or of any other
8domestic corporation may be sued for and recovered, under this chapter, in the name
9of the county, town, city, village or corporation. It is sufficient to allege in the
10complaint that the defendant is indebted to the plaintiff in the amount of the
11forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
12penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
13(1)
, the crime laboratories and drug law enforcement assessment imposed by s.
14165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1).
15If the ordinance or regulation imposes a penalty or forfeiture for several offenses or
16delinquencies the complaint shall specify the particular offenses or delinquency for
17which the action is brought, with a demand for judgment for the amount of the
18forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
19by s. 302.46 (1)
, the crime laboratories and drug law enforcement assessment
20imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s.
21973.055 (1). All moneys collected on the judgment shall be paid to the treasurer of
22the county, town, city, village or corporation, except that all jail assessments shall be
23paid to the county treasurer.
AB100-engrossed,2188,7
1778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
2any court or any branch thereof for the violation of any municipal or county
3ordinance shall be paid to the municipality or county. Penalty assessment payments
4shall be made as provided in s. 165.87. Jail assessment payments shall be made as
5provided in s. 302.46 (1).
Crime laboratories and drug law enforcement assessment
6payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall
7be made as provided in s. 973.055.
AB100-engrossed,2188,20
9778.13 Forfeitures collected, to whom paid. All moneys collected in favor
10of the state for forfeiture, except the portion to be paid to any person who sues with
11the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
12county within which the forfeiture was incurred within 20 days after its receipt. In
13case of any failure in the payment the county treasurer may collect the payment of
14the officer by action, in the name of the office and upon the official bond of the officer,
15with interest at the rate of 12% per year from the time when it should have been paid.
16Penalty assessment payments shall be made as provided in s. 165.87. Jail
17assessment payments shall be made as provided in s. 302.46 (1).
Crime laboratories
18and drug law enforcement assessment payments shall be paid as provided in s.
19165.755. Domestic abuse assessments shall be made as provided in s. 973.055.
20Enforcement assessments shall be made as provided in s. 253.06 (4) (c).
AB100-engrossed,2189,12
22778.18 Penalty upon municipal judge. If any municipal judge, of his or her
23own will, dismisses any action brought before the judge under this chapter, unless
24by order of the district attorney or attorney general or the person joined as plaintiff
25with the state, or renders a less judgment therein than is prescribed by law, or
1releases or discharges any such judgment or part thereof without payment or
2collection, the judge and the judge's sureties shall be liable, in an action upon the
3judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
4imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail
5assessment imposed by s. 302.46 (1)
, the crime laboratories and drug law
6enforcement assessment imposed by s. 165.755 and any applicable domestic abuse
7assessment imposed by s. 973.055 (1), or for an amount equal to the amount in which
8any such judgment or any part thereof is released or discharged. If any municipal
9judge gives time or delay to any person against whom any such judgment is rendered
10by the judge, or takes any bond or security for its future payment, the judge and the
11judge's sureties shall also be liable for the payment of the judgment upon the judge's
12bond.
AB100-engrossed,2189,2114
778.25
(2) (g) Notice that if the defendant makes a deposit and fails to appear
15in court at the time fixed in the citation, the failure to appear will be considered
16tender of a plea of no contest and submission to a forfeiture, penalty assessment
and, 17jail assessment
and crime laboratories and drug law
enforcement assessment plus
18costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
19of the deposit. The notice shall also state that the court may decide to summon the
20defendant or, if the defendant is an adult, issue an arrest warrant for the defendant
21rather than accept the deposit and plea.
AB100-engrossed,2190,623
778.25
(2) (h) Notice that if the defendant makes a deposit and signs the
24stipulation, the stipulation is treated as a plea of no contest and submission to a
25forfeiture, penalty assessment
and, jail assessment
and crime laboratories and drug
1law enforcement assessment plus costs, including any applicable fees prescribed in
2ch. 814, not to exceed the amount of the deposit. The notice shall also state that the
3court may decide to summon the defendant or, if the defendant is an adult, issue an
4arrest warrant for the defendant rather than accept the deposit and stipulation, and
5that the defendant may, at any time prior to or at the time of the court appearance
6date, move the court for relief from the effect of the stipulation.
AB100-engrossed,2190,178
778.25
(3) If a person is issued a citation under this section the person may
9deposit the amount of money the issuing officer directs by mailing or delivering the
10deposit and a copy of the citation to the clerk of court of the county where the violation
11occurred or the sheriff's office or police headquarters of the officer who issued the
12citation prior to the court appearance date. The basic amount of the deposit shall be
13determined under a deposit schedule established by the judicial conference. The
14judicial conference shall annually review and revise the schedule. In addition to the
15basic amount determined by the schedule the deposit shall include costs, including
16any applicable fees prescribed in ch. 814, penalty assessment
and, jail assessment
17and crime laboratories and drug law enforcement assessment.
AB100-engrossed,2190,2419
778.25
(4) A person may make a stipulation of no contest by submitting a
20deposit and a stipulation in the manner provided by sub. (3) prior to the court
21appearance date. The signed stipulation is a plea of no contest and submission to a
22forfeiture plus costs and a penalty assessment
and, jail assessment
and crime
23laboratories and drug law enforcement assessment not exceeding the amount of the
24deposit.
AB100-engrossed,2191,11
1778.25
(5) Except as provided by sub. (6) a person receiving a deposit shall
2prepare a receipt in triplicate showing the purpose for which the deposit is made,
3stating that the defendant may inquire at the office of the clerk of court regarding
4the disposition of the deposit, and notifying the defendant that if he or she fails to
5appear in court at the time fixed in the citation he or she will be deemed to have
6tendered a plea of no contest and submitted to a forfeiture, penalty assessment
and, 7jail assessment
and crime laboratories and drug law enforcement assessment plus
8costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
9of the deposit which the court may accept. The original of the receipt shall be
10delivered to the defendant in person or by mail. If the defendant pays by check, the
11check is the receipt.
AB100-engrossed,2191,2113
778.25
(6) The person receiving a deposit and stipulation of no contest shall
14prepare a receipt in triplicate showing the purpose for which the deposit is made,
15stating that the defendant may inquire at the office of the clerk of court regarding
16the disposition of the deposit, and notifying the defendant that if the stipulation of
17no contest is accepted by the court the defendant will be considered to have submitted
18to a forfeiture, penalty assessment
and, jail assessment
and crime laboratories and
19drug law enforcement assessment plus costs, including any applicable fees
20prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt
21shall be made in the same manner as in sub. (5).
AB100-engrossed,2192,1323
778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
24the initial pleading and the defendant shall be considered to have tendered a plea
25of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
1and crime laboratories and drug law enforcement assessment plus costs, including
2any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit.
3The court may either accept the plea of no contest and enter judgment accordingly,
4or reject the plea and issue a summons or arrest warrant, except if the defendant is
5a minor the court shall proceed under s. 938.28. Chapter 938 governs taking and
6holding a minor in custody. If the court accepts the plea of no contest, the defendant
7may move within 90 days after the date set for appearance to withdraw the plea of
8no contest, open the judgment and enter a plea of not guilty if the defendant shows
9to the satisfaction of the court that failure to appear was due to mistake,
10inadvertence, surprise or excusable neglect. If a party is relieved from the plea of no
11contest, the court or judge may order a written complaint or petition to be filed. If
12on reopening the defendant is found not guilty, the court shall delete the record of
13conviction and shall order the defendant's deposit returned.
AB100-engrossed,2193,315
778.25
(8) (c) If the defendant has made a deposit and stipulation of no contest,
16the citation serves as the initial pleading and the defendant shall be considered to
17have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
18and, jail assessment
and crime laboratories and drug law enforcement assessment 19plus costs, including any applicable fees prescribed in ch. 814, not exceeding the
20amount of the deposit. The court may either accept the plea of no contest and enter
21judgment accordingly, or reject the plea and issue a summons or arrest warrant,
22except if the defendant is a minor the court shall proceed under s. 938.28. Chapter
23938 governs taking and holding a minor in custody. After signing a stipulation of no
24contest, the defendant may, at any time prior to or at the time of the court appearance
25date, move the court for relief from the effect of the stipulation. The court may act
1on the motion, with or without notice, for cause shown by affidavit and upon just
2terms, and relieve the defendant from the stipulation and the effects of the
3stipulation.