AB686,31,2116
769.506
(1) An obligor may contest the validity or enforcement of an
17income-withholding order issued in another state and received directly by an
18employer in this state
by registering the order in a tribunal of this state and filing
19a contest to that order as provided in subch. VI, or otherwise contesting the order in
20the same manner as if the order had been issued by a tribunal of this state. Section
21769.604 applies to the contest.
AB686, s. 119
22Section
119. 769.507 (1) of the statutes is amended to read:
AB686,32,223
769.507
(1) A party
or support enforcement agency seeking to enforce a support
24order or an income-withholding order, or both, issued
by a tribunal of in another
1state
or a foreign support order may send the documents required for registering the
2order to a support enforcement agency of this state.
AB686, s. 120
3Section
120. Subchapter VI (title) of chapter 769 [precedes 769.601] of the
4statutes is amended to read:
AB686,32,66
SUBCHAPTER VI
AB686,32,9
7ENFORCEMENT Registration,
8
enforcement, AND MODIFICATION OF
9
SUPPORT ORDER
AFTER REGISTRATION
AB686, s. 121
10Section
121. 769.601 of the statutes is amended to read:
AB686,32,13
11769.601 Registration of order for enforcement. A support order or an
12income-withholding order issued
by a tribunal of
in another state
or a foreign
13support order may be registered in this state for enforcement.
AB686, s. 122
14Section
122. 769.602 (1) (intro.) of the statutes is amended to read:
AB686,32,1815
769.602
(1) (intro.)
A Except as provided in s. 769.706, a support order or
16income-withholding order of another state
or a foreign support order may be
17registered in this state by sending all of the following
documents and information 18records to the appropriate tribunal in this state:
AB686, s. 123
19Section
123. 769.602 (1) (c) of the statutes is amended to read:
AB686,32,2220
769.602
(1) (c) A sworn statement by the
party seeking person requesting 21registration or a certified statement by the custodian of the records showing the
22amount of any arrearage.
AB686, s. 124
23Section
124. 769.602 (2) of the statutes is amended to read:
AB686,33,224
769.602
(2) On receipt of a request for registration, the registering tribunal
25shall cause the order to be filed as
a foreign judgment an order of another state or
1a foreign country, together with one copy of the documents and information,
2regardless of their form.
AB686, s. 125
3Section
125. 769.602 (4) of the statutes is created to read:
AB686,33,54
769.602
(4) If 2 or more orders are in effect, the person requesting registration
5must do all of the following:
AB686,33,76
(a) Furnish to the tribunal a copy of every support order that is asserted to be
7in effect in addition to the documents specified in this section.
AB686,33,88
(b) Specify the order that is alleged to be the controlling order, if any.
AB686,33,99
(c) Specify the amount of the consolidated arrears, if any.
AB686, s. 126
10Section
126. 769.602 (5) of the statutes is created to read:
AB686,33,1411
769.602
(5) A request for a determination of which is the controlling order may
12be filed separately or with a request for registration and enforcement or for
13registration and modification. The person requesting registration shall give notice
14of the request to each party whose rights may be affected by the determination.
AB686, s. 127
15Section
127. 769.603 (1) of the statutes is amended to read:
AB686,33,1816
769.603
(1) A support order or income-withholding order issued in another
17state
or a foreign support order is registered when the order is filed in the registering
18tribunal of this state.
AB686, s. 128
19Section
128. 769.603 (2) of the statutes is amended to read:
AB686,33,2220
769.603
(2) A registered
support order issued in another state
or a foreign
21country is enforceable in the same manner and is subject to the same procedures as
22an order issued by a tribunal of this state.
AB686, s. 129
23Section
129. 769.603 (3) of the statutes is amended to read:
AB686,34,3
1769.603
(3) Except as otherwise provided in this
subchapter chapter, a tribunal
2of this state shall recognize and enforce, but may not modify, a registered
support 3order if the issuing tribunal had jurisdiction.
AB686, s. 130
4Section
130. 769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and
5amended to read:
AB686,34,76
769.604
(1) (intro.)
The Except as otherwise provided in sub. (4), the law of the
7issuing state
or foreign country governs
the all of the following:
AB686,34,9
8(a) The nature, extent, amount
, and duration of current payments
and other
9obligations of support and the under a registered support order.
AB686,34,11
10(b) The computation and payment of arrearages
and accrual of interest on the
11arrearages under the
support order.
AB686, s. 131
12Section
131. 769.604 (1) (c) of the statutes is created to read:
AB686,34,1413
769.604
(1) (c) The existence and satisfaction of other obligations under the
14support order.
AB686, s. 132
15Section
132. 769.604 (2) of the statutes is amended to read:
AB686,34,1816
769.604
(2) In a proceeding for arrearages
under a registered support order, the
17statute of limitations under the laws of this state or of the issuing state
or foreign
18country, whichever is longer, applies.
AB686, s. 133
19Section
133. 769.604 (3) of the statutes is created to read:
AB686,34,2320
769.604
(3) A responding tribunal of this state shall apply the procedures and
21remedies of this state to enforce current support and collect arrearages and interest
22due on a support order of another state or a foreign country that is registered in this
23state.
AB686, s. 134
24Section
134. 769.604 (4) of the statutes is created to read:
AB686,35,5
1769.604
(4) After a tribunal of this state or another state determines which is
2the controlling order and issues an order consolidating arrearages, if any, a tribunal
3of this state shall prospectively apply the law of the state or foreign country issuing
4the controlling order, including its law on interest on arrearages, on current and
5future support, and on consolidated arrearages.
AB686, s. 135
6Section
135. 769.605 (1) of the statutes is amended to read:
AB686,35,117
769.605
(1) Whenever a support order or income-withholding order issued in
8another state
or a foreign support order is registered, the registering tribunal
of this
9state shall notify the nonregistering party. The notice must be accompanied by a copy
10of the registered order and the documents and relevant information accompanying
11the order.
AB686, s. 136
12Section
136. 769.605 (2) (a) of the statutes is amended to read:
AB686,35,1413
769.605
(2) (a) That a registered
support order is enforceable as of the date of
14registration in the same manner as an order issued by a tribunal of this state.
AB686, s. 137
15Section
137. 769.605 (2) (b) of the statutes is amended to read:
AB686,35,1816
769.605
(2) (b) That a hearing to contest the validity or enforcement of the
17registered order must be requested within 20 days after the date of mailing or
18personal service of the notice
unless the registered order is under s. 769.707.
AB686, s. 138
19Section
138. 769.605 (2) (c) of the statutes is amended to read:
AB686,35,2320
769.605
(2) (c) That failure to contest the validity or enforcement of the
21registered order in a timely manner will result in confirmation of the order and
22enforcement of the order and the alleged arrearages
and precludes further contest
23of that order with respect to any matter that could have been asserted.
AB686, s. 139
24Section
139. 769.605 (2m) of the statutes is created to read:
AB686,36,2
1769.605
(2m) If the registering party asserts that 2 or more orders are in effect,
2the notice must also do all of the following:
AB686,36,43
(a) Identify the 2 or more orders and the order alleged by the registering party
4to be the controlling order and the consolidated arrearages, if any.
AB686,36,65
(b) Notify the nonregistering party of the right to a determination of which is
6the controlling order.
AB686,36,87
(c) State that the procedures provided in sub. (2) apply to the determination of
8which is the controlling order.
AB686,36,119
(d) State that failure to contest the validity or enforcement of the order alleged
10to be the controlling order in a timely manner may result in confirmation that the
11order is the controlling order.
AB686, s. 140
12Section
140. 769.605 (3) of the statutes is amended to read:
AB686,36,1513
769.605
(3) Upon registration of an income-withholding order for enforcement,
14the
support enforcement agency or the registering tribunal shall notify the obligor's
15employer under s. 767.75 (2r).
AB686, s. 141
16Section
141. 769.606 (title) of the statutes is amended to read:
AB686,36,18
17769.606 (title)
Procedure to contest validity or enforcement of
18registered support order.
AB686, s. 142
19Section
142. 769.606 (1) of the statutes is amended to read:
AB686,37,220
769.606
(1) A nonregistering party seeking to contest the validity or
21enforcement of a registered
support order in this state shall request a hearing within
2220 days after the date of mailing or personal service of notice of the registration the
23time required by s. 769.605. The nonregistering party may seek to vacate the
24registration, to assert any defense to an allegation of noncompliance with the
1registered order
, or to contest the remedies being sought or the amount of any alleged
2arrearages as provided in s. 769.607.
AB686, s. 143
3Section
143. 769.606 (2) of the statutes is amended to read:
AB686,37,64
769.606
(2) If the nonregistering party fails to contest the validity or
5enforcement of the registered
support order in a timely manner, the order is
6confirmed by operation of law.
AB686, s. 144
7Section
144. 769.606 (3) of the statutes is amended to read:
AB686,37,118
769.606
(3) If a nonregistering party requests a hearing to contest the validity
9or enforcement of the registered
support order, the registering tribunal shall
10schedule the matter for hearing and give notice to the parties of the date, time
, and
11place of the hearing.
AB686, s. 145
12Section
145. 769.607 (1) (intro.) of the statutes is amended to read:
AB686,37,1513
769.607
(1) (intro.) A party contesting the validity or enforcement of a
14registered
support order or seeking to vacate the registration has the burden of
15proving one or more of the following defenses:
AB686, s. 146
16Section
146. 769.607 (1) (h) of the statutes is created to read:
AB686,37,1717
769.607
(1) (h) That the alleged controlling order is not the controlling order.
AB686, s. 147
18Section
147. 769.607 (2) of the statutes is amended to read:
AB686,37,2319
769.607
(2) If a party presents evidence establishing a full or partial defense
20under sub. (1), a tribunal may stay enforcement of
the
a registered
support order,
21continue the proceeding to permit production of additional relevant evidence
, or
22issue other appropriate orders. An uncontested portion of the registered
support 23order may be enforced by all remedies available under the law of this state.
AB686, s. 148
24Section
148. 769.607 (3) of the statutes is amended to read:
AB686,38,3
1769.607
(3) If the contesting party does not establish a defense under sub. (1)
2to the validity or enforcement of
the a registered support order, the registering
3tribunal shall issue an order confirming the order.
AB686, s. 149
4Section
149. 769.608 of the statutes is amended to read:
AB686,38,8
5769.608 Confirmed order. Confirmation of a registered
support order,
6whether by operation of law or after notice and hearing, precludes further contest of
7the order with respect to any matter that could have been asserted at the time of
8registration.
AB686, s. 150
9Section
150. 769.609 of the statutes is amended to read:
AB686,38,16
10769.609 Procedure to register child support order of another state for
11modification. A party or support enforcement agency seeking to modify, or to
12modify and enforce, a child support order issued in another state shall register that
13order in this state in the same manner as provided in ss. 769.601 to
769.604 769.608 14if the order has not been registered. A petition for modification may be filed at the
15same time as a request for registration, or later. The pleading must specify the
16grounds for modification.
AB686, s. 151
17Section
151. 769.61 of the statutes is amended to read:
AB686,38,22
18769.61 Effect of registration for modification. A tribunal of this state may
19enforce a child support order of another state registered for purposes of modification,
20in the same manner as if the order had been issued by a tribunal of this state, but
21the registered
support order may be modified only if the requirements of s. 769.611
22or 769.613 have been met.
AB686, s. 152
23Section
152. 769.611 (1) (intro.) of the statutes is amended to read:
AB686,39,224
769.611
(1) (intro.) After a child support order issued in another state has been
25registered in this state, unless s. 769.613 applies
the responding a tribunal of this
1state may
, upon petition, modify that child support order
only if, after notice and
2hearing, it finds
at least one of the following:
AB686, s. 153
3Section
153. 769.611 (1) (a) 1. of the statutes is amended to read:
AB686,39,54
769.611
(1) (a) 1. The child, the
individual obligee
who is an individual, and the
5obligor do not reside in the issuing state.
AB686, s. 154
6Section
154. 769.611 (1) (b) of the statutes is amended to read:
AB686,39,157
769.611
(1) (b) That
this state is the residence of the child, or a party who is an
8individual
party or the child is subject to the personal jurisdiction of the tribunal
of
9this state, and that all of the
individual parties
who are individuals have filed
a
10written consent consents in a record in the issuing tribunal providing that a tribunal
11of this state may modify the child support order and assume continuing, exclusive
12jurisdiction
over the child support order. However, if the issuing state is a foreign
13jurisdiction that has not enacted this chapter, the written consent of the individual
14party residing in this state is not required for the tribunal to assume jurisdiction to
15modify the child support order.
AB686, s. 155
16Section
155. 769.611 (3) of the statutes is amended to read:
AB686,39,2217
769.611
(3) A tribunal of this state may not modify any aspect of a child support
18order that may not be modified under the law of the issuing state
, including the
19duration of the obligation of support. If 2 or more tribunals have issued child support
20orders for the same obligor and
same child, the child support order that is controlling
21and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the
22support order.
AB686, s. 156
23Section
156. 769.611 (3m) of the statutes is created to read:
AB686,40,324
769.611
(3m) In a proceeding to modify a child support order, the law of the
25state that is determined to have issued the initial controlling order governs the
1duration of the obligation of support. The obligor's fulfillment of the duty of support
2established by that order precludes the imposition of a further obligation of support
3by a tribunal of this state.
AB686, s. 157
4Section
157. 769.611 (5) of the statutes is created to read: