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)(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 History
History: 1993 a. 326.
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 History
History: 1993 a. 326.
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 History
History: 1993 a. 326.
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 History
History: 1993 a. 326.
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 History
History: 1993 a. 326;
1997 a. 27.
769.611 Annotation
Unless the specific conditions listed in this section are satisfied, the court may not modify a child support order even though it has subject matter jurisdiction. Cepukenas v. Cepukenas, 221 W (2d) 166, 584 NW (2d) 227 (Ct. App. 1998).
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 History
History: 1993 a. 326.
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 History
History: 1997 a. 27.
769.614
769.614
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.
769.614 History
History: 1997 a. 27 s.
5133; Stats. 1997 s. 769.614.
DETERMINATION OF PARENTAGE
769.701
769.701
Proceeding to determine parentage. 769.701(1)
(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 to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.
769.701(2)
(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
769.701 History
History: 1993 a. 326;
1997 a. 27.
INTERSTATE RENDITION
769.801
769.801
Grounds for rendition. 769.801(1)
(1) For purposes of this subchapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
769.801(2)
(2) The governor of this state may do any of the following:
769.801(2)(a)
(a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee.
769.801(2)(b)
(b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
769.801(3)
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
769.801 History
History: 1993 a. 326.
769.802
769.802
Conditions of rendition. 769.802(1)
(1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support under this chapter or that the proceeding would be of no avail.
769.802(2)
(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, 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.
769.802(3)
(3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
769.802 History
History: 1993 a. 326;
1997 a. 27.
MISCELLANEOUS PROVISIONS
769.901
769.901
Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
769.901 History
History: 1993 a. 326.
769.903
769.903
Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
769.903 History
History: 1993 a. 326.
