SB77: Bill Text

SB77, s. 5095 Section 5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m) (intro.) and amended to read:

SB77,1896,19 769.207 (1m) (intro.) If a proceeding is brought under this chapter, and one 2 or more child support orders have been issued in by tribunals of this state or another state with regard to an the same obligor and a child, a tribunal of this state shall apply the following rules in determining which child support order to recognize for purposes of continuing, exclusive jurisdiction:

SB77, s. 5096 Section 5096. 769.207 (1) (a) of the statutes is repealed.

SB77, s. 5097 Section 5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a) and amended to read:

SB77,1897,2 769.207 (1m) (a) If 2 or more tribunals have issued child support orders for the same obligor and child and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal is controlling and must be recognized.

SB77, s. 5098 Section 5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b) and amended to read:

SB77,1897,10 769.207 (1m) (b) If 2 or more tribunals have issued child support orders for the same obligor and child and more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an a child support order issued by a tribunal in the current home state of the child must be recognized, but if an a child support order has not been issued in the current home state of the child, the child support order most recently issued is controlling and must be recognized.

SB77, s. 5099 Section 5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c) and amended to read:

SB77,1897,17 769.207 (1m) (c) If 2 or more tribunals have issued child support orders for the same obligor and child and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may having jurisdiction over the parties must issue a child support order, which is controlling and must be recognized.

SB77, s. 5100 Section 5100. 769.207 (1c) of the statutes is created to read:

SB77,1897,21 769.207 (1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.

SB77, s. 5101 Section 5101. 769.207 (1r) of the statutes is created to read:

SB77,1898,5 769.207 (1r) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which child support order controls and must be recognized under sub. (1m). The request must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every party whose rights may be affected by a determination of which child support order controls must be given notice of the request for that determination.

SB77, s. 5102 Section 5102. 769.207 (2) of the statutes is amended to read:

SB77,1898,9 769.207 (2) The tribunal that has issued an the order that is controlling and must be recognized under sub. (1) (1c), (1m) or (1r) is the tribunal having that has continuing, exclusive jurisdiction in accordance with s. 769.205.

SB77, s. 5103 Section 5103. 769.207 (3) of the statutes is created to read:

SB77,1898,14 769.207 (3) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b), or that issues a new child support order that is controlling under sub. (1m) (c), shall include in that order the basis upon which the tribunal made its determination.

SB77, s. 5104 Section 5104. 769.207 (4) of the statutes is created to read:

SB77,1898,22 769.207 (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection 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 controlling child support order.

SB77, s. 5105 Section 5105. 769.304 of the statutes is renumbered 769.304 (1).

SB77, s. 5106 Section 5106. 769.304 (2) of the statutes is created to read:

SB77,1899,6 769.304 (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

SB77, s. 5107 Section 5107. 769.305 (1) of the statutes is amended to read:

SB77,1899,13 769.305 (1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed 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 it was filed.

SB77, s. 5108 Section 5108. 769.305 (5) of the statutes is amended to read:

SB77,1899,17 769.305 (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by 1st class mail to the petitioner and the respondent and to the initiating tribunal, if any.

SB77, s. 5109 Section 5109. 769.306 of the statutes is amended to read:

SB77,1899,24 769.306 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.

SB77, s. 5110 Section 5110. 769.307 (2) (d) of the statutes is amended to read:

SB77,1900,3 769.307 (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.

SB77, s. 5111 Section 5111. 769.307 (2) (e) of the statutes is amended to read:

SB77,1900,8 769.307 (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.

SB77, s. 5112 Section 5112. 769.319 of the statutes is amended to read:

SB77,1900,15 769.319 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.

SB77, s. 5113 Section 5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

SB77,1900,18 CHAPTER 769

SB77,1900,19 SUBCHAPTER V

SB77,1900,22 DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION

SB77, s. 5114 Section 5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and amended to read:

SB77,1901,5 769.501 (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:

SB77, s. 5115 Section 5115. 769.501 (1) (a) of the statutes is repealed.

SB77, s. 5116 Section 5116. 769.501 (1) (b) of the statutes is repealed.

SB77, s. 5117 Section 5117. 769.501 (1) (c) of the statutes is repealed.

SB77, s. 5118 Section 5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and amended to read:

SB77,1901,14 769.506 (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.

SB77,1901,15 (2) The obligor shall give notice of the contest to any all of the following:

SB77,1901,17 (a) A support enforcement agency providing services to the obligee and to either of the following:.

SB77, s. 5119 Section 5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and amended to read:

SB77,1901,21 769.506 (2) (c) The Except as provided in par. (d), the person or agency designated to receive payments in the income-withholding order.

SB77, s. 5120 Section 5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and amended to read:

SB77,1901,25 769.506 (2) (d) If no person or agency is designated to receive payments in the income-withholding order, the obligee.

SB77, s. 5121 Section 5121. 769.502 of the statutes is repealed and recreated to read:

SB77,1902,4 769.502 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.

SB77,1902,7 (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.

SB77,1902,10 (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:

SB77,1902,12 (a) The duration and amount of periodic payments of current child support, stated as a sum certain.

SB77,1902,14 (b) The person or agency designated to receive payments and the address to which the payments are to be forwarded.

SB77,1902,17 (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.

SB77,1902,20 (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.

SB77,1902,22 (e) The amount of periodic payments of arrears and interest on arrears, stated as a sum certain.

SB77,1902,24 (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:

SB77,1902,25 (a) The employer's fee for processing an income-withholding order.

SB77,1903,1 (b) The maximum amount permitted to be withheld from the obligor's income.

SB77,1903,3 (c) The time periods within which the employer must implement the income-withholding order and forward the child support payment.

SB77, s. 5122 Section 5122. 769.503 of the statutes is created to read:

SB77,1903,10 769.503 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.

SB77, s. 5123 Section 5123. 769.504 of the statutes is created to read:

SB77,1903,15 769.504 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.

SB77, s. 5124 Section 5124. 769.505 of the statutes is created to read:

SB77,1903,20 769.505 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.

SB77, s. 5125 Section 5125. 769.506 (title) of the statutes is created to read:

SB77,1903,22 769.506 (title) Contest by obligor.

SB77, s. 5126 Section 5126. 769.506 (2) (b) of the statutes is created to read:

SB77,1903,25 769.506 (2) (b) Each employer that has directly received an income-withholding order.

SB77, s. 5127 Section 5127. 769.507 of the statutes is created to read:

SB77,1904,5 769.507 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.

SB77,1904,12 (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.

SB77, s. 5128 Section 5128. 769.605 (1) of the statutes is amended to read:

SB77,1904,19 769.605 (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.

SB77, s. 5129 Section 5129. 769.606 (3) of the statutes is amended to read:

SB77,1904,24 769.606 (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.

SB77, s. 5130 Section 5130. 769.611 (1) (intro.) of the statutes is amended to read:

SB77,1905,4 769.611 (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:

SB77, s. 5131 Section 5131. 769.611 (1) (b) of the statutes is amended to read:

SB77,1905,13 769.611 (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.

SB77, s. 5132 Section 5132. 769.611 (3) of the statutes is amended to read:

SB77,1905,19 769.611 (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.

SB77, s. 5133 Section 5133. 769.611 (5) of the statutes is renumbered 769.614 and amended to read:

SB77,1906,6 769.614 (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.