Wisconsin Legislature: 321,118

SUBCHAPTER IV

ESTABLISHMENT OF SUPPORT ORDER
or determination of parentage

321,110 Section 110. 769.401 (1) (intro.) of the statutes is amended to read:

769.401 (1) (intro.) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if any of the following applies:

321,111 Section 111. 769.401 (1) (a) of the statutes is amended to read:

769.401 (1) (a) The individual seeking the order resides in another outside this state.

321,112 Section 112. 769.401 (1) (b) of the statutes is amended to read:

769.401 (1) (b) The support enforcement agency seeking the order is located in another outside this state.

321,113 Section 113. 769.401 (2) of the statutes is repealed and recreated to read:

769.401 (2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:

(a) A presumed father of the child.

(b) An individual who is petitioning to have his paternity adjudicated.

(d) An alleged father of the child who has declined to submit to genetic testing.

(e) An individual who has been shown by clear and convincing evidence to be the father of the child.

(f) An individual who has acknowledged paternity of the child under s. 767.805.

(g) The mother of the child.

(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

321,114 Section 114. 769.402 of the statutes is created to read:

769.402 Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

321,115 Section 115. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

CHAPTER 769

SUBCHAPTER V

ENFORCEMENT OF Support ORDER
OF ANOTHER STATE
WITHOUT REGISTRATION

321,116 Section 116. 769.501 of the statutes is amended to read:

769.501 Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, 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.

321,117 Section 117. 769.505 of the statutes is amended to read:

769.505 Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued by in 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.

321,118 Section 118. 769.506 (1) of the statutes is amended to read:

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 by registering the order in a tribunal of this state and filing a contest to that order as provided in subch. VI, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

321,119 Section 119. 769.507 (1) of the statutes is amended to read:

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

321,120 Section 120. Subchapter VI (title) of chapter 769 [precedes 769.601] of the statutes is amended to read:

CHAPTER 769

SUBCHAPTER VI

ENFORCEMENT Registration,
enforcement, AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION

321,121 Section 121. 769.601 of the statutes is amended to read:

769.601 Registration of order for enforcement. A support order or an income-withholding order issued by a tribunal of in another state or a foreign support order may be registered in this state for enforcement.

321,122 Section 122. 769.602 (1) (intro.) of the statutes is amended to read:

769.602 (1) (intro.) A Except as provided in s. 769.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending all of the following documents and information records to the appropriate tribunal in this state:

321,123 Section 123. 769.602 (1) (c) of the statutes is amended to read:

769.602 (1) (c) A sworn statement by the party seeking person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.

321,124 Section 124. 769.602 (2) of the statutes is amended to read:

769.602 (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment an order of another state or a foreign country, together with one copy of the documents and information, regardless of their form.

321,125 Section 125. 769.602 (4) of the statutes is created to read:

769.602 (4) If 2 or more orders are in effect, the person requesting registration must do all of the following:

(a) Furnish to the tribunal a copy of every support order that is asserted to be in effect in addition to the documents specified in this section.

(b) Specify the order that is alleged to be the controlling order, if any.

321,126 Section 126. 769.602 (5) of the statutes is created to read:

769.602 (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

321,127 Section 127. 769.603 (1) of the statutes is amended to read:

769.603 (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

321,128 Section 128. 769.603 (2) of the statutes is amended to read:

769.603 (2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

321,129 Section 129. 769.603 (3) of the statutes is amended to read:

769.603 (3) Except as otherwise provided in this subchapter chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

321,130 Section 130. 769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and amended to read:

769.604 (1) (intro.) The Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs the all of the following:

(a) The nature, extent, amount, and duration of current payments and other obligations of support and the under a registered support order.

(b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.

321,131 Section 131. 769.604 (1) (c) of the statutes is created to read:

769.604 (1) (c) The existence and satisfaction of other obligations under the support order.

321,132 Section 132. 769.604 (2) of the statutes is amended to read:

769.604 (2) In a proceeding for arrearages under a registered support order, the statute of limitations under the laws of this state or of the issuing state or foreign country, whichever is longer, applies.

321,133 Section 133. 769.604 (3) of the statutes is created to read:

769.604 (3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country that is registered in this state.

321,134 Section 134. 769.604 (4) of the statutes is created to read:

769.604 (4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.

321,135 Section 135. 769.605 (1) of the statutes is amended to read:

769.605 (1) Whenever a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

321,136 Section 136. 769.605 (2) (a) of the statutes is amended to read:

769.605 (2) (a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.

321,137 Section 137. 769.605 (2) (b) of the statutes is amended to read:

769.605 (2) (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice unless the registered order is under s. 769.707.

321,138 Section 138. 769.605 (2) (c) of the statutes is amended to read:

769.605 (2) (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.

321,139 Section 139. 769.605 (2m) of the statutes is created to read:

769.605 (2m) If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:

(a) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.

(b) Notify the nonregistering party of the right to a determination of which is the controlling order.

(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

321,140 Section 140. 769.605 (3) of the statutes is amended to read:

769.605 (3) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under s. 767.75 (2r).

321,141 Section 141. 769.606 (title) of the statutes is amended to read:

769.606 (title) Procedure to contest validity or enforcement of registered support order.

321,142 Section 142. 769.606 (1) of the statutes is amended to read:

769.606 (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration the time required by s. 769.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.