AB100: Bill Text

AB100,1899,24 769.306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by 1st class mail, 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 the pleading was sent.

AB100, s. 5110 Section 5110. 769.307 (2) (d) of the statutes is amended to read:

AB100,1900,3 769.307 (2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by 1st class mail to the petitioner.

AB100, s. 5111 Section 5111. 769.307 (2) (e) of the statutes is amended to read:

AB100,1900,8 769.307 (2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by 1st class mail to the petitioner.

AB100, s. 5112 Section 5112. 769.319 of the statutes is amended to read:

AB100,1900,15 769.319 Receipt and disbursement of payments. A support enforcement agency or,its designee or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency or, its designee or the tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

AB100, s. 5113 Section 5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

AB100,1900,18 CHAPTER 769

AB100,1900,19 SUBCHAPTER V

AB100,1900,22 DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION

AB100, s. 5114 Section 5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and amended to read:

AB100,1901,5 769.501 (title) Recognition Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by 1st class mail to the obligor's employer without first filing a petition or comparable pleading or registering the income-withholding order with a tribunal of this state. Upon receipt of the order, the employer shall do all of the following:

AB100, s. 5115 Section 5115. 769.501 (1) (a) of the statutes is repealed.

AB100, s. 5116 Section 5116. 769.501 (1) (b) of the statutes is repealed.

AB100, s. 5117 Section 5117. 769.501 (1) (c) of the statutes is repealed.

AB100, s. 5118 Section 5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and amended to read:

AB100,1901,14 769.506 (1)  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

AB100,1901,15 (2) The obligor shall give notice of the contest to any all of the following:

AB100,1901,17 (a) A support enforcement agency providing services to the obligee and to either of the following:.

AB100, s. 5119 Section 5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and amended to read:

AB100,1901,21 769.506 (2) (c) The Except as provided in par. (d), the person or agency designated to receive payments in the income-withholding order.

AB100, s. 5120 Section 5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and amended to read:

AB100,1901,25 769.506 (2) (d) If no person or agency is designated to receive payments in the income-withholding order, the obligee.

AB100, s. 5121 Section 5121. 769.502 of the statutes is repealed and recreated to read:

AB100,1902,4 769.502 Employer's compliance with income-withholding order of another state. (1) Upon receipt of an income-withholding order under s. 769.501, the obligor's employer shall immediately provide a copy of the order to the obligor.

AB100,1902,7 (2) The employer shall treat an income-withholding order issued in another state that appears to be regular on its face as if it had been issued by a tribunal of this state.

AB100,1902,10 (3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order, as applicable, that specify any of the following:

AB100,1902,12 (a) The duration and amount of periodic payments of current child support, stated as a sum certain.

AB100,1902,14 (b) The person or agency designated to receive payments and the address to which the payments are to be forwarded.

AB100,1902,17 (c) Medical support, whether in the form of periodic cash payments, stated as a sum certain, or the provision of health insurance coverage for the child under a policy available through the obligor's employment.

AB100,1902,20 (d) The amounts of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums certain.

AB100,1902,22 (e) The amount of periodic payments of arrears and interest on arrears, stated as a sum certain.

AB100,1902,24 (4) The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to all of the following:

AB100,1902,25 (a) The employer's fee for processing an income-withholding order.

AB100,1903,1 (b) The maximum amount permitted to be withheld from the obligor's income.

AB100,1903,3 (c) The time periods within which the employer must implement the income-withholding order and forward the child support payment.

AB100, s. 5122 Section 5122. 769.503 of the statutes is created to read:

AB100,1903,10 769.503 Compliance with multiple income-withholding orders. If an obligor's employer receives multiple orders to withhold support from the earnings of the same obligor, the employer shall be considered to have satisfied the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

AB100, s. 5123 Section 5123. 769.504 of the statutes is created to read:

AB100,1903,15 769.504 Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from an obligor's income.

AB100, s. 5124 Section 5124. 769.505 of the statutes is created to read:

AB100,1903,20 769.505 Penalties for noncompliance. An employer that wilfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an income-withholding order issued by a tribunal of this state.

AB100, s. 5125 Section 5125. 769.506 (title) of the statutes is created to read:

AB100,1903,22 769.506 (title) Contest by obligor.

AB100, s. 5126 Section 5126. 769.506 (2) (b) of the statutes is created to read:

AB100,1903,25 769.506 (2) (b) Each employer that has directly received an income-withholding order.

AB100, s. 5127 Section 5127. 769.507 of the statutes is created to read:

AB100,1904,5 769.507 Administrative enforcement of orders. (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

AB100,1904,12 (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order as provided in this chapter.

AB100, s. 5128 Section 5128. 769.605 (1) of the statutes is amended to read:

AB100,1904,19 769.605 (1) Whenever a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by 1st class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

AB100, s. 5129 Section 5129. 769.606 (3) of the statutes is amended to read:

AB100,1904,24 769.606 (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 by 1st class mail of the date, time and place of the hearing.

AB100, s. 5130 Section 5130. 769.611 (1) (intro.) of the statutes is amended to read:

AB100,1905,4 769.611 (1) (intro.) 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:

AB100, s. 5131 Section 5131. 769.611 (1) (b) of the statutes is amended to read:

AB100,1905,13 769.611 (1) (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.

AB100, s. 5132 Section 5132. 769.611 (3) of the statutes is amended to read:

AB100,1905,19 769.611 (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.

AB100, s. 5133 Section 5133. 769.611 (5) of the statutes is renumbered 769.614 and amended to read:

AB100,1906,6 769.614 (title) 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.

AB100, s. 5134 Section 5134. 769.613 of the statutes is created to read:

AB100,1906,12 769.613 Jurisdiction to modify support order of another state when individual parties reside in this state. (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.

AB100,1906,16 (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.

AB100, s. 5135 Section 5135. 769.701 (1) of the statutes is amended to read:

AB100,1906,24 769.701 (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

AB100, s. 5136 Section 5136. 769.802 (2) of the statutes is amended to read:

AB100,1907,11 769.802 (2) If, under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

AB100, s. 5137 Section 5137. 778.02 of the statutes is amended to read:

AB100,1908,2 778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or delinquencies the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment, crime laboratories assessment, any applicable enforcement assessment and any applicable domestic abuse assessment. If the defendant is a nonresident of the state, an attachment may issue.

AB100, s. 5138 Section 5138. 778.03 of the statutes is amended to read:

AB100,1908,11 778.03 Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof and for payment of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s. 973.055 (1).

AB100, s. 5139 Section 5139. 778.06 of the statutes is amended to read:

AB100,1908,20 778.06 Action for what sum. When a forfeiture is imposed, not exceeding a specific sum or when it is not less than one sum or more than another, the action may be brought for the highest sum specified and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense.

AB100, s. 5140 Section 5140. 778.10 of the statutes is amended to read:

AB100,1909,13 778.10 Municipal forfeitures, how recovered. All forfeitures imposed by any ordinance or regulation of any county, town, city or village, or of any other domestic corporation may be sued for and recovered, under this chapter, in the name of the county, town, city, village or corporation. It is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, specifying the ordinance or regulation that imposes it and of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the ordinance or regulation imposes a penalty or forfeiture for several offenses or delinquencies the complaint shall specify the particular offenses or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) , the crime laboratories assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1). All moneys collected on the judgment shall be paid to the treasurer of the county, town, city, village or corporation, except that all jail assessments shall be paid to the county treasurer.

AB100, s. 5141 Section 5141. 778.105 of the statutes is amended to read:

AB100,1909,21 778.105 Disposition of forfeitures. Revenues from forfeitures imposed by any court or any branch thereof for the violation of any municipal or county ordinance shall be paid to the municipality or county. Penalty assessment payments shall be made as provided in s. 165.87. Jail assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories assessment payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall be made as provided in s. 973.055.

AB100, s. 5142 Section 5142. 778.13 of the statutes is amended to read:

AB100,1910,9 778.13 Forfeitures collected, to whom paid. All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, shall be paid by the officer who collects the forfeiture to the treasurer of the county within which the forfeiture was incurred within 20 days after its receipt. In case of any failure in the payment the county treasurer may collect the payment of the officer by action, in the name of the office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. Penalty assessment payments shall be made as provided in s. 165.87. Jail assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories assessment payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall be made as provided in s. 973.055. Enforcement assessments shall be made as provided in s. 253.06 (4) (c).

AB100, s. 5143 Section 5143. 778.18 of the statutes is amended to read:

AB100,1910,25 778.18 Penalty upon municipal judge. If any municipal judge, of his or her own will, dismisses any action brought before the judge under this chapter, unless by order of the district attorney or attorney general or the person joined as plaintiff with the state, or renders a less judgment therein than is prescribed by law, or releases or discharges any such judgment or part thereof without payment or collection, the judge and the judge's sureties shall be liable, in an action upon the judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1), or for an amount equal to the amount in which any such judgment or any part thereof is released or discharged. If any municipal judge gives time or delay to any person against whom any such judgment is rendered by the judge, or takes any bond or security for its future payment, the judge and the judge's sureties shall also be liable for the payment of the judgment upon the judge's bond.

AB100, s. 5144 Section 5144. 778.25 (2) (g) of the statutes is amended to read:

AB100,1911,9 778.25 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment and , jail assessment and crime laboratories assessment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant or, if the defendant is an adult, issue an arrest warrant for the defendant rather than accept the deposit and plea.