AB686, s. 8
16Section
8. 769.101 (4) of the statutes is amended to read:
AB686,6,2217
769.101
(4) "Home state" means the state
or foreign country in which a child
18lived with a parent or a person acting as parent for at least 6 consecutive months
19immediately preceding the time of the filing of a petition or comparable pleading for
20support or, if a child is less than 6 months old, the state
or foreign country in which
21the child lived from birth with any of them. A period of temporary absence of any of
22them is counted as part of the 6-month or other period.
AB686, s. 9
23Section
9. 769.101 (7) of the statutes is repealed.
AB686, s. 10
24Section
10. 769.101 (8) of the statutes is amended to read:
AB686,7,4
1769.101
(8) "Initiating tribunal" means the
authorized tribunal
in an initiating 2of a state
or foreign country from which a petition or comparable pleading is
3forwarded or in which a petition or comparable pleading is filed for forwarding to
4another state or foreign country.
AB686, s. 11
5Section
11. 769.101 (8m) of the statutes is created to read:
AB686,7,76
769.101
(8m) "Issuing foreign country" means the foreign country in which a
7tribunal issues a support order or a judgment determining parentage of a child.
AB686, s. 12
8Section
12. 769.101 (9) of the statutes is amended to read:
AB686,7,109
769.101
(9) "Issuing state" means the state in which a tribunal issues a support
10order or
renders a judgment determining parentage
of a child.
AB686, s. 13
11Section
13. 769.101 (10) of the statutes is amended to read:
AB686,7,1312
769.101
(10) "Issuing tribunal" means the tribunal
of a state or foreign country 13that issues a support order or
renders a judgment determining parentage
of a child.
AB686, s. 14
14Section
14. 769.101 (12) (a) of the statutes is amended to read:
AB686,7,1715
769.101
(12) (a) An individual to whom a duty of support is or is alleged to be
16owed or in whose favor a support order
has been issued or a judgment determining
17parentage
of a child has been
rendered issued.
AB686, s. 15
18Section
15. 769.101 (12) (b) of the statutes is amended to read:
AB686,7,2219
769.101
(12) (b) A
foreign country, state
, or political subdivision
of a state to
20which the rights under a duty of support or support order have been assigned or
21which has independent claims based on financial assistance provided to an
22individual obligee
in place of child support.
AB686, s. 16
23Section
16. 769.101 (12) (d) of the statutes is created to read:
AB686,7,2424
769.101
(12) (d) A person that is a creditor in a proceeding under subch. VII.
AB686, s. 17
25Section
17. 769.101 (13) (d) of the statutes is created to read:
AB686,8,2
1769.101
(13) (d) The individual or decedent is a debtor in a proceeding under
2subch. VII.
AB686, s. 18
3Section
18. 769.101 (13m) of the statutes is created to read:
AB686,8,54
769.101
(13m) "Outside this state" means a location in another state or a
5country other than the United States, whether or not the country is a foreign country.
AB686, s. 19
6Section
19. 769.101 (13r) of the statutes is created to read:
AB686,8,97
769.101
(13r) "Record" means information that is inscribed on a tangible
8medium or that is stored in an electronic or other medium and is retrievable in a
9perceivable form.
AB686, s. 20
10Section
20. 769.101 (14) of the statutes is amended to read:
AB686,8,1311
769.101
(14) "Register" means to file
in a tribunal of this state a support order
12or judgment determining parentage
with the clerk of court of a child issued in
13another state or a foreign country.
AB686, s. 21
14Section
21. 769.101 (15) of the statutes is amended to read:
AB686,8,1615
769.101
(15) "Registering tribunal" means a tribunal in which a support order
16or judgment determining parentage of a child is registered.
AB686, s. 22
17Section
22. 769.101 (16) of the statutes is amended to read:
AB686,8,2418
769.101
(16) "Responding state" means a state in which a
proceeding petition
19or comparable pleading for support or to determine parentage of a child is filed or to
20which a
proceeding petition or comparable pleading is forwarded for filing from
an
21initiating another state
under this chapter or a law substantially similar to this
22chapter, or under a law or procedure substantially similar to the Uniform Reciprocal
23Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
24Support Act or a foreign country.
AB686, s. 23
25Section
23. 769.101 (17) of the statutes is amended to read:
AB686,9,2
1769.101
(17) "Responding tribunal" means the authorized tribunal in a
2responding state
or foreign country.
AB686, s. 24
3Section
24. 769.101 (19) (intro.) and (a) of the statutes are consolidated,
4renumbered 769.101 (19) and amended to read:
AB686,9,85
769.101
(19) "State" means a state of the United States, the District of
6Columbia, the Commonwealth of Puerto Rico
, or any territory or insular possession
7subject to the jurisdiction of the United States. "State" includes
all of the following:
8(a) An an Indian
nation or tribe.
AB686, s. 25
9Section
25. 769.101 (19) (b) of the statutes is repealed.
AB686, s. 26
10Section
26. 769.101 (20) (intro.) of the statutes is amended to read:
AB686,9,1211
769.101
(20) (intro.) "Support enforcement agency" means a public official
,
12governmental entity, or
private agency authorized to
seek do any of the following:
AB686, s. 27
13Section
27. 769.101 (20) (a) of the statutes is amended to read:
AB686,9,1514
769.101
(20) (a)
Enforcement Seek enforcement of support orders or laws
15relating to the duty of support.
AB686, s. 28
16Section
28. 769.101 (20) (b) of the statutes is amended to read:
AB686,9,1817
769.101
(20) (b)
Establishment Seek establishment or modification of child
18support.
AB686, s. 29
19Section
29. 769.101 (20) (c) of the statutes is amended to read:
AB686,9,2020
769.101
(20) (c)
Determination Request determination of parentage
of a child.
AB686, s. 30
21Section
30. 769.101 (20) (d) of the statutes is amended to read:
AB686,9,2222
769.101
(20) (d)
Location of Attempt to locate obligors or their assets.
AB686, s. 31
23Section
31. 769.101 (20) (e) of the statutes is created to read:
AB686,9,2424
769.101
(20) (e) Request determination of the controlling child support order.
AB686, s. 32
25Section
32. 769.101 (21) of the statutes is amended to read:
AB686,10,8
1769.101
(21) "Support order" means a judgment, decree
or, order,
decision, or
2directive, whether temporary, final
, or subject to modification,
issued in a state or
3foreign country for the benefit of a child, a spouse
, or a former spouse, that provides
4for monetary support, health care, arrearages
, retroactive support, or
5reimbursement
, and that for financial assistance provided to an individual obligee
6in place of child support. "Support order" may include related costs and fees, interest,
7income withholding,
automatic adjustment, reasonable attorney fees
, and other
8relief.
AB686, s. 33
9Section
33. 769.101 (22) of the statutes is amended to read:
AB686,10,1210
769.101
(22) "Tribunal" means a court, administrative agency
, or
11quasi-judicial entity authorized to establish, enforce
, or modify support orders or to
12determine parentage
in this state or in an issuing or responding state of a child.
AB686, s. 34
13Section
34. 769.102 (title) of the statutes is repealed and recreated to read:
AB686,10,14
14769.102 (title)
State tribunal and support enforcement agency.
AB686, s. 35
15Section
35. 769.102 of the statutes is renumbered 769.102 (1).
AB686, s. 36
16Section
36. 769.102 (2) of the statutes is created to read:
AB686,10,1817
769.102
(2) The department of children and families and county child support
18agencies under s. 59.53 (5) are the support enforcement agencies of this state.
AB686, s. 37
19Section
37. 769.103 of the statutes is renumbered 769.103 (1).
AB686, s. 38
20Section
38. 769.103 (2) of the statutes is created to read:
AB686,10,2121
769.103
(2) This chapter does not do any of the following:
AB686,10,2322
(a) Provide the exclusive method of establishing or enforcing a support order
23under the law of this state.
AB686,11,3
1(b) Grant a tribunal of this state jurisdiction to render judgment or issue an
2order relating to legal custody or physical placement of a child in a proceeding under
3this chapter.
AB686, s. 39
4Section
39. 769.105 of the statutes is created to read:
AB686,11,8
5769.105 Application of chapter to resident of foreign country and
6foreign support proceeding. (1) A tribunal of this state shall apply subchs. I to
7VI and, as applicable, subch. VII, to a support proceeding that involves any of the
8following:
AB686,11,99
(a) A foreign support order.
AB686,11,1010
(b) A foreign tribunal.
AB686,11,1111
(c) An obligee, obligor, or child residing in a foreign country.
AB686,11,14
12(2) A tribunal of this state that is requested to recognize and enforce a support
13order on the basis of comity may apply the procedural and substantive provisions of
14subchs. I to VI.
AB686,11,17
15(3) Subchapter VII applies only to a support proceeding under the convention.
16In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI,
17subch. VII controls.
AB686, s. 40
18Section
40. 769.201 of the statutes is renumbered 769.201 (1m), and 769.201
19(1m) (intro.) and (g), as renumbered, are amended to read:
AB686,11,2320
769.201
(1m) (intro.) In a proceeding
under this chapter to establish
, or enforce
21or modify a support order or to determine parentage
of a child, a tribunal of this state
22may exercise personal jurisdiction over a nonresident individual, or the individual's
23guardian or conservator, if any of the following applies:
AB686,12,224
(g) The individual asserted parentage
of a child in a declaration of paternal
25interest filed with the department of children and families under s. 48.025 or in a
1statement acknowledging paternity filed with the state registrar under s. 69.15 (3)
2(b) 1. or 3.
AB686, s. 41
3Section
41. 769.201 (2m) of the statutes is created to read:
AB686,12,84
769.201
(2m) The bases of personal jurisdiction set forth in sub. (1m) or in any
5other law of this state may not be used to acquire personal jurisdiction for a tribunal
6of this state to modify a child support order of another state unless the requirements
7of s. 769.611 are met or, in the case of a foreign support order, unless the requirements
8of s. 769.615 are met.
AB686, s. 42
9Section
42. 769.202 of the statutes is repealed and recreated to read:
AB686,12,14
10769.202 Duration of personal jurisdiction. Personal jurisdiction acquired
11by a tribunal of this state in a proceeding under this chapter or other law of this state
12relating to a support order continues as long as a tribunal of this state has
13continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to
14enforce its order as provided by ss. 769.205, 769.206, and 769.211.
AB686, s. 43
15Section
43. 769.203 of the statutes is amended to read:
AB686,12,19
16769.203 Initiating and responding tribunal of this state. Under this
17chapter, a tribunal of this state may serve as an initiating tribunal to forward
18proceedings to
a tribunal of another state and as a responding tribunal for
19proceedings initiated in another state
or a foreign country.
AB686, s. 44
20Section
44. 769.204 (title) of the statutes is amended to read:
AB686,12,21
21769.204 (title)
Simultaneous proceedings
in another state.
AB686, s. 45
22Section
45. 769.204 (1) (intro.) of the statutes is amended to read:
AB686,13,223
769.204
(1) (intro.) A tribunal of this state may exercise jurisdiction to
24establish a support order if the petition or comparable pleading is filed after a
1petition or comparable pleading is filed in another state
or a foreign country only if
2all of the following apply:
AB686, s. 46
3Section
46. 769.204 (1) (a) of the statutes is amended to read:
AB686,13,74
769.204
(1) (a) The petition or comparable pleading in this state is filed before
5the expiration of the time allowed in the other state
or the foreign country for filing
6a responsive pleading challenging the exercise of jurisdiction by the other state
or the
7foreign country.
AB686, s. 47
8Section
47. 769.204 (1) (b) of the statutes is amended to read:
AB686,13,109
769.204
(1) (b) The contesting party timely challenges the exercise of
10jurisdiction in the other state
or the foreign country.
AB686, s. 48
11Section
48. 769.204 (2) (intro.) of the statutes is amended to read:
AB686,13,1512
769.204
(2) (intro.) A tribunal of this state may not exercise jurisdiction to
13establish a support order if the petition or comparable pleading is filed before a
14petition or comparable pleading is filed in another state
or a foreign country if all of
15the following apply:
AB686, s. 49
16Section
49. 769.204 (2) (a) of the statutes is amended to read:
AB686,13,1917
769.204
(2) (a) The petition or comparable pleading in the other state
or foreign
18country is filed before the expiration of the time allowed in this state for filing a
19responsive pleading challenging the exercise of jurisdiction by this state.
AB686, s. 50
20Section
50. 769.204 (2) (c) of the statutes is amended to read: