AB100, s. 5091
7Section
5091. 769.101 (7) of the statutes is amended to read:
AB100,1895,148
769.101
(7) "Initiating state" means a state
in from which a proceeding
is
9forwarded, or in which a proceeding is filed for forwarding, to a responding state 10under this chapter or a law
or procedure substantially similar to this chapter,
or
11under a law or procedure substantially similar to the
uniform reciprocal enforcement
12of support act or the revised uniform reciprocal enforcement of support act is filed for
13forwarding to a responding state Uniform Reciprocal Enforcement of Support Act or
14the Revised Uniform Reciprocal Enforcement of Support Act.
AB100, s. 5092
15Section
5092. 769.101 (16) of the statutes is amended to read:
AB100,1895,2216
769.101
(16) "Responding state" means a state
to in which a proceeding is
filed
17or to which a proceeding is forwarded
for filing from an initiating state under this
18chapter or a law substantially similar to this chapter,
or under a law or procedure
19substantially similar to the
uniform reciprocal enforcement of support act or the
20revised uniform reciprocal enforcement of support act Uniform Reciprocal
21Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
22Support Act.
AB100, s. 5093
23Section
5093. 769.101 (19) of the statutes is renumbered 769.101 (19) (intro.)
24and amended to read:
AB100,1896,4
1769.101
(19) (intro.) "State" means a state of the United States, the
district 2District of Columbia, the
commonwealth Commonwealth of Puerto Rico or any
3territory or insular possession subject to the jurisdiction of the United States. "State"
4includes
an all of the following:
AB100,1896,5
5(a) An Indian tribe
and includes a.
AB100,1896,10
6(b) A foreign jurisdiction that has
enacted a law or established procedures for
7issuance and enforcement of support orders that are substantially similar to the
8procedures under this chapter
or to the procedures under the Uniform Reciprocal
9Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
10Support Act.
AB100, s. 5094
11Section
5094. 769.207 (title) of the statutes is amended to read:
AB100,1896,12
12769.207 (title)
Recognition of controlling child support orders order.
AB100, s. 5095
13Section
5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m)
14(intro.) and amended to read:
AB100,1896,1915
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and
one 2 16or more child support orders have been issued
in
by tribunals of this
state or another
17state with regard to
an the same obligor and
a child, a tribunal of this state shall
18apply the following rules in determining which
child support order to recognize for
19purposes of continuing, exclusive jurisdiction:
AB100, s. 5096
20Section
5096. 769.207 (1) (a) of the statutes is repealed.
AB100, s. 5097
21Section
5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a)
22and amended to read:
AB100,1897,223
769.207
(1m) (a) If
2 or more tribunals have issued child support orders for the
24same obligor and child and only one of the tribunals would have continuing, exclusive
1jurisdiction under this chapter, the
child support order of that tribunal
is controlling
2and must be recognized.
AB100, s. 5098
3Section
5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b)
4and amended to read:
AB100,1897,105
769.207
(1m) (b) If
2 or more tribunals have issued child support orders for the
6same obligor and child and more than one of the tribunals would have continuing,
7exclusive jurisdiction under this chapter,
an a child support order issued by a
8tribunal in the current home state of the child must be recognized, but if
an a child
9support order has not been issued in the current home state of the child, the
child
10support order most recently issued
is controlling and must be recognized.
AB100, s. 5099
11Section
5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c)
12and amended to read:
AB100,1897,1713
769.207
(1m) (c) If
2 or more tribunals have issued child support orders for the
14same obligor and child and none of the tribunals would have continuing, exclusive
15jurisdiction under this chapter, the tribunal of this state
may having jurisdiction over
16the parties must issue a child support order, which
is controlling and must be
17recognized.
AB100, s. 5100
18Section
5100. 769.207 (1c) of the statutes is created to read:
AB100,1897,2119
769.207
(1c) If a proceeding is brought under this chapter and only one tribunal
20has issued a child support order, the child support order of that tribunal is controlling
21and must be recognized.
AB100, s. 5101
22Section
5101. 769.207 (1r) of the statutes is created to read:
AB100,1898,523
769.207
(1r) If 2 or more child support orders have been issued for the same
24obligor and child and if the obligor or the individual obligee resides in this state, a
25party may request a tribunal of this state to determine which child support order
1controls and must be recognized under sub. (1m). The request must be accompanied
2by a certified copy of every child support order issued for the obligor and child that
3is in effect. Every party whose rights may be affected by a determination of which
4child support order controls must be given notice of the request for that
5determination.
AB100, s. 5102
6Section
5102. 769.207 (2) of the statutes is amended to read:
AB100,1898,97
769.207
(2) The tribunal that
has issued
an the order
that is controlling and
8must be recognized under sub.
(1) (1c), (1m) or (1r) is the tribunal
having that has 9continuing, exclusive jurisdiction
in accordance with s. 769.205.
AB100, s. 5103
10Section
5103. 769.207 (3) of the statutes is created to read:
AB100,1898,1411
769.207
(3) A tribunal of this state that determines by order which child
12support order is controlling under sub. (1m) (a) or (b), or that issues a new child
13support order that is controlling under sub. (1m) (c), shall include in that order the
14basis upon which the tribunal made its determination.
AB100, s. 5104
15Section
5104. 769.207 (4) of the statutes is created to read:
AB100,1898,2216
769.207
(4) Within 30 days after the issuance of an order determining which
17child support order is controlling, the party that obtained the order shall file a
18certified copy of the order with each tribunal that had issued or registered an earlier
19child support order. Failure of the party obtaining the order to file a certified copy
20of the order as required by this subsection subjects the party to appropriate sanctions
21by a tribunal in which the issue of failure to file arises, but that failure has no effect
22on the validity or enforceability of the controlling child support order.
AB100, s. 5105
23Section
5105. 769.304 of the statutes is renumbered 769.304 (1).
AB100, s. 5106
24Section
5106. 769.304 (2) of the statutes is created to read:
AB100,1899,6
1769.304
(2) If a responding state has not enacted this chapter or a law or
2procedure substantially similar to this chapter, a tribunal of this state may issue a
3certificate or other documents and make findings required by the law of the
4responding state. If the responding state is a foreign jurisdiction, the tribunal may
5specify the amount of support sought and provide other documents necessary to
6satisfy the requirements of the responding state.
AB100, s. 5107
7Section
5107. 769.305 (1) of the statutes is amended to read:
AB100,1899,138
769.305
(1) Whenever a responding tribunal of this state receives a petition or
9comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it
10shall cause the petition or pleading to be filed and notify the petitioner
by 1st class
11mail, or if the petition was filed by a support enforcement agency, notify the support
12enforcement agency by any federally approved transmittal system, where and when
13it was filed.
AB100, s. 5108
14Section
5108. 769.305 (5) of the statutes is amended to read:
AB100,1899,1715
769.305
(5) If a responding tribunal of this state issues an order under this
16chapter, the tribunal shall send a copy of the order
by 1st class mail to the petitioner
17and the respondent and to the initiating tribunal, if any.
AB100, s. 5109
18Section
5109. 769.306 of the statutes is amended to read:
AB100,1899,24
19769.306 Inappropriate tribunal. If a petition or comparable pleading is
20received by an inappropriate tribunal of this state, it shall forward the pleading and
21accompanying documents to an appropriate tribunal in this state or another state
22and notify the petitioner
by 1st class mail, or if the petition was filed by a support
23enforcement agency, notify the support enforcement agency by any federally
24approved transmittal system, where and when the pleading was sent.
AB100, s. 5110
25Section
5110. 769.307 (2) (d) of the statutes is amended to read:
AB100,1900,3
1769.307
(2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal
2holidays, after receipt of a written notice from an initiating, responding or
3registering tribunal, send a copy of the notice
by 1st class mail to the petitioner.
AB100, s. 5111
4Section
5111. 769.307 (2) (e) of the statutes is amended to read:
AB100,1900,85
769.307
(2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal
6holidays, after receipt of a written communication from the respondent or the
7respondent's attorney, send a copy of the communication
by 1st class mail to the
8petitioner.
AB100, s. 5112
9Section
5112. 769.319 of the statutes is amended to read:
AB100,1900,15
10769.319 Receipt and disbursement of payments. A support enforcement
11agency
or,its designee or a tribunal of this state shall disburse promptly any amounts
12received under a support order, as directed by the order. The agency
or, its designee
13or the tribunal shall furnish to a requesting party or tribunal of another state a
14certified statement by the custodian of the record of the amounts and dates of all
15payments received.
AB100, s. 5113
16Section
5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the
17statutes is amended to read:
AB100,1900,1818
CHAPTER 769
AB100,1900,1919
SUBCHAPTER V
AB100,1900,22
20DIRECT ENFORCEMENT OF ORDER
21
OF ANOTHER STATE
22
WITHOUT REGISTRATION
AB100, s. 5114
23Section
5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and
24amended to read:
AB100,1901,5
1769.501 (title)
Recognition Employer's receipt of income-withholding
2order of another state. An income-withholding order issued in another state may
3be sent
by 1st class mail to the obligor's employer without first filing a petition or
4comparable pleading or registering the
income-withholding order with a tribunal of
5this state.
Upon receipt of the order, the employer shall do all of the following:
AB100, s. 5115
6Section
5115. 769.501 (1) (a) of the statutes is repealed.
AB100, s. 5116
7Section
5116. 769.501 (1) (b) of the statutes is repealed.
AB100, s. 5117
8Section
5117. 769.501 (1) (c) of the statutes is repealed.
AB100, s. 5118
9Section
5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and
10amended to read:
AB100,1901,1411
769.506
(1) An obligor may contest the validity or enforcement of an
12income-withholding order issued in another state
and received directly by an
13employer in this state in the same manner as if the order had been issued by a
14tribunal of this state. Section 769.604 applies to the contest.
AB100,1901,15
15(2) The obligor shall give notice of the contest to
any all of the following:
AB100,1901,17
16(a) A support enforcement agency providing services to the obligee
and to either
17of the following:.
AB100, s. 5119
18Section
5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and
19amended to read:
AB100,1901,2120
769.506
(2) (c)
The Except as provided in par. (d), the person or agency
21designated to receive payments in the income-withholding order.
AB100, s. 5120
22Section
5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and
23amended to read:
AB100,1901,2524
769.506
(2) (d) If no person or agency is designated
to receive payments in the
25income-withholding order, the obligee.
AB100, s. 5121
1Section
5121. 769.502 of the statutes is repealed and recreated to read:
AB100,1902,4
2769.502 Employer's compliance with income-withholding order of
3another state. (1) Upon receipt of an income-withholding order under s. 769.501,
4the obligor's employer shall immediately provide a copy of the order to the obligor.
AB100,1902,7
5(2) The employer shall treat an income-withholding order issued in another
6state that appears to be regular on its face as if it had been issued by a tribunal of
7this state.
AB100,1902,10
8(3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold
9and distribute the funds as directed in the income-withholding order by complying
10with the terms of the order, as applicable, that specify any of the following:
AB100,1902,1211
(a) The duration and amount of periodic payments of current child support,
12stated as a sum certain.
AB100,1902,1413
(b) The person or agency designated to receive payments and the address to
14which the payments are to be forwarded.
AB100,1902,1715
(c) Medical support, whether in the form of periodic cash payments, stated as
16a sum certain, or the provision of health insurance coverage for the child under a
17policy available through the obligor's employment.
AB100,1902,2018
(d) The amounts of periodic payments of fees and costs for a support
19enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums
20certain.
AB100,1902,2221
(e) The amount of periodic payments of arrears and interest on arrears, stated
22as a sum certain.
AB100,1902,24
23(4) The employer shall comply with the law of the state of the obligor's principal
24place of employment for withholding from income with respect to all of the following:
AB100,1902,2525
(a) The employer's fee for processing an income-withholding order.
AB100,1903,1
1(b) The maximum amount permitted to be withheld from the obligor's income.
AB100,1903,32
(c) The time periods within which the employer must implement the
3income-withholding order and forward the child support payment.
AB100, s. 5122
4Section
5122. 769.503 of the statutes is created to read:
AB100,1903,10
5769.503 Compliance with multiple income-withholding orders. If an
6obligor's employer receives multiple orders to withhold support from the earnings of
7the same obligor, the employer shall be considered to have satisfied the terms of the
8multiple orders if the employer complies with the law of the state of the obligor's
9principal place of employment to establish the priorities for withholding and
10allocating income withheld for multiple child support obligees.
AB100, s. 5123
11Section
5123. 769.504 of the statutes is created to read:
AB100,1903,15
12769.504 Immunity from civil liability. An employer that complies with an
13income-withholding order issued in another state in accordance with this
14subchapter is not subject to civil liability to any individual or agency with regard to
15the employer's withholding of child support from an obligor's income.
AB100, s. 5124
16Section
5124. 769.505 of the statutes is created to read:
AB100,1903,20
17769.505 Penalties for noncompliance. An employer that wilfully fails to
18comply with an income-withholding order issued by another state and received for
19enforcement is subject to the same penalties that may be imposed for noncompliance
20with an income-withholding order issued by a tribunal of this state.
AB100, s. 5125
21Section
5125. 769.506 (title) of the statutes is created to read:
AB100,1903,22
22769.506 (title)
Contest by obligor.
AB100, s. 5126
23Section
5126. 769.506 (2) (b) of the statutes is created to read:
AB100,1903,2524
769.506
(2) (b) Each employer that has directly received an
25income-withholding order.
AB100, s. 5127
1Section
5127. 769.507 of the statutes is created to read:
AB100,1904,5
2769.507 Administrative enforcement of orders. (1) A party seeking to
3enforce a support order or an income-withholding order, or both, issued by a tribunal
4of another state may send the documents required for registering the order to a
5support enforcement agency of this state.
AB100,1904,12
6(2) Upon receipt of the documents, the support enforcement agency, without
7initially seeking to register the order, shall consider and, if appropriate, use any
8administrative procedure authorized by the law of this state to enforce a support
9order or an income-withholding order, or both. If the obligor does not contest
10administrative enforcement, the order need not be registered. If the obligor contests
11the validity or administrative enforcement of the order, the support enforcement
12agency shall register the order as provided in this chapter.
AB100, s. 5128
13Section
5128. 769.605 (1) of the statutes is amended to read: