LRB-2082/1
PJK:nwn:jf
2009 - 2010 LEGISLATURE
January 25, 2010 - Introduced by Representatives Cullen, Ziegelbauer, Berceau
and Turner, cosponsored by Senators Risser and Taylor. Referred to
Committee on Children and Families.
AB686,2,21
1An Act to repeal 769.101 (7), 769.101 (19) (b), 769.301 (2) and 769.612 (2);
to
2renumber 769.102, 769.103 and 769.308;
to renumber and amend 769.201,
3769.207 (3), 769.307 (3), 769.319 and 769.604 (1);
to consolidate, renumber
4and amend 769.101 (19) (intro.) and (a);
to amend 767.01 (2), 767.80 (5m),
5769.101 (2), 769.101 (4), 769.101 (8), 769.101 (9), 769.101 (10), 769.101 (12) (a),
6769.101 (12) (b), 769.101 (14), 769.101 (15), 769.101 (16), 769.101 (17), 769.101
7(20) (intro.), 769.101 (20) (a), 769.101 (20) (b), 769.101 (20) (c), 769.101 (20) (d),
8769.101 (21), 769.101 (22), 769.203, 769.204 (title), 769.204 (1) (intro.), 769.204
9(1) (a), 769.204 (1) (b), 769.204 (2) (intro.), 769.204 (2) (a), 769.204 (2) (c),
10769.207 (title), 769.207 (1m) (intro.), 769.207 (1m) (a), 769.207 (1m) (b), 769.207
11(1m) (c), 769.207 (1r), 769.207 (2), 769.208, 769.209, 769.301 (3), 769.302,
12769.304 (1), 769.304 (2), 769.305 (1), 769.305 (2) (intro.), 769.305 (2) (a), 769.305
13(2) (b), 769.305 (2) (h), 769.306, 769.307 (2) (intro.), 769.307 (2) (a), 769.307 (2)
14(d), 769.307 (2) (e), 769.31 (2) (b), 769.31 (2) (c), 769.311 (1), 769.312, 769.313
1(2), 769.314 (1), 769.314 (3), 769.316 (1), 769.316 (2), 769.316 (4), 769.316 (5),
2769.316 (6), 769.317, 769.318 (1), 769.318 (2), subchapter IV (title) of chapter
3769 [precedes 769.401], 769.401 (1) (intro.), 769.401 (1) (a), 769.401 (1) (b),
4subchapter V (title) of chapter 769 [precedes 769.501], 769.501, 769.505,
5769.506 (1), 769.507 (1), subchapter VI (title) of chapter 769 [precedes 769.601],
6769.601, 769.602 (1) (intro.), 769.602 (1) (c), 769.602 (2), 769.603 (1), 769.603
7(2), 769.603 (3), 769.604 (2), 769.605 (1), 769.605 (2) (a), 769.605 (2) (b), 769.605
8(2) (c), 769.605 (3), 769.606 (title), 769.606 (1), 769.606 (2), 769.606 (3), 769.607
9(1) (intro.), 769.607 (2), 769.607 (3), 769.608, 769.609, 769.61, 769.611 (1)
10(intro.), 769.611 (1) (a) 1., 769.611 (1) (b), 769.611 (3), 769.612 (intro.), 769.612
11(1), 769.612 (3), 769.612 (4), 769.613 (title), 769.613 (1), 769.613 (2), 769.802 (2),
12769.901 and 769.903 (title);
to repeal and recreate 769.102 (title), 769.202,
13769.205, 769.206, 769.401 (2) and subchapter VII of chapter 769 [precedes
14769.701]; and
to create 769.101 (2c), 769.101 (3c), 769.101 (3g), 769.101 (3m),
15769.101 (8m), 769.101 (12) (d), 769.101 (13) (d), 769.101 (13m), 769.101 (13r),
16769.101 (20) (e), 769.102 (2), 769.103 (2), 769.105, 769.201 (2m), 769.207 (3) (b),
17769.207 (3) (c), 769.207 (5), 769.210, 769.211, 769.305 (6), 769.307 (3m), 769.307
18(4), 769.307 (5), 769.308 (2), 769.316 (10), 769.319 (2), 769.319 (3), 769.402,
19769.602 (4), 769.602 (5), 769.604 (1) (c), 769.604 (3), 769.604 (4), 769.605 (2m),
20769.607 (1) (h), 769.611 (3m), 769.611 (5), 769.615 and 769.616 of the statutes;
21relating to: modifications to the Uniform Interstate Family Support Act.
Analysis by the Legislative Reference Bureau
This bill updates the Uniform Interstate Family Support Act (UIFSA) under
current law. UIFSA sets out rules and priorities for the exercise of jurisdiction by
courts in this state in actions to establish or enforce spousal or child support
obligations, to modify child support obligations, or to determine paternity, when the
parties reside in different states or when orders have been issued in different states.
By setting out such rules and priorities, UIFSA aims to eliminate the possibility that
conflicting support orders might be issued or enforced by courts in different states.
The bill primarily reorganizes provisions in current law and makes various
nonsubstantive terminology or technical changes and minor substantive changes.
One of the main changes the bill makes is to clarify UIFSA's application to foreign
countries, in recognition of and comformity with the ratification by the United States
of the Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance, concluded at The Hague on November 23, 2007 (convention).
The purpose of the convention is to provide international procedures for enforcing
child support orders when the person who is liable for the support and the child do
not live in the same country. Whereas under current law "state" is defined to include
a "foreign jurisdiction that has enacted a law or established procedures for issuance
and enforcement of support orders that are substantially similar to the procedures
under .... the Uniform Reciprocal Enforcement of Support Act ...." so that a reference
to a "state" in current law includes a reference to a foreign country, this bill
eliminates a foreign jurisdiction from the definition of "state" and adds "foreign
country" to the statutory text wherever appropriate. For example, current law
provides that a court in this state may forward proceedings to, and receive
proceedings from, a court of another state, which would include a foreign jurisdiction.
The bill provides that a court in this state may forward proceedings to a court of
another state and receive proceedings initiated in another state or a foreign country.
As another example, current law provides that if a proceeding related to child
support is brought in this state and two or more child support orders regarding the
same child and obligor have been issued by courts of this or another state, a court of
this state must apply certain rules to determine which child support order to
recognize for purposes of continuing jurisdiction. Under the bill, the court must use
the same rules for determining which child support order controls and must be
recognized, and adds that one or more of the child support orders may have been
issued in a foreign country. In the bill, "foreign country" is defined as a country other
than the U.S. that authorizes the issuance of support orders and that has been
declared under the laws of the U.S. to be a foreign reciprocating country, that has
established a reciprocal arrangement for child support with this state, that has
enacted a law or established procedures for issuing and enforcing support orders that
are substantially similar to UIFSA, or that is one in which the convention is in force
with respect to the U.S.
Among substantive changes to current law, the bill does the following:
1. Provides that a court of this state that enforces current support or collects
arrearages of support due under a support order issued in another state or a foreign
country must apply the procedures and remedies of this state when doing so.
2. Provides the process and notification requirements when a party registering
(filing) a support order issued in another state with a court of this state asserts that
two or more support orders are in effect.
3. Provides that in a proceeding to modify a support order issued in another
state, the law of the other state governs the duration of the obligation and a court of
this state may not impose a further obligation of support.
4. Provides that a court in this state may assume jurisdiction to modify a child
support order issued in a foreign country, and bind all individuals who are subject
to the court's personal jurisdiction, if the foreign country lacks or refuses to exercise
jurisdiction to modify the order, and that the order issued by the court of this state
modifying the foreign child support order is the controlling order.
5. Provides procedures for a person to file a direct request for the establishment
or modification of a support order involving an obligor, obligee, or child who lives
outside the United States.
6. Provides procedures and requirements, in accordance with the convention,
for registering with a court in this state a foreign support order or agreement for
recognition and enforcement; specifies the types of proceedings that are available
under the convention; provides procedures and requirements for contesting a
registered support order; provides grounds for a court to refuse to recognize such an
order; and, with limited exceptions, prohibits a court in this state from modifying a
foreign support order if the obligor remains a resident of the foreign country.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB686, s. 1
1Section
1. 767.01 (2) of the statutes is amended to read:
AB686,4,52
767.01
(2) Paternity and child support. In an action to establish paternity or
3to establish or enforce a child support obligation, in regard to a child who is the
4subject of the action, a person is subject to the jurisdiction of the courts of this state
5as provided in s. 769.201
(1m) or 801.05.
AB686, s. 2
6Section
2. 767.80 (5m) of the statutes is amended to read:
AB686,5,107
767.80
(5m) Applicable procedure; exceptions. Except as provided in ss.
8767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is
9presumed the child's father under s. 891.41 (1), is adjudicated the child's father either
10under s. 767.89 or by final order or judgment of a court of competent jurisdiction in
11another state, or has acknowledged himself to be the child's father under s. 767.805
12(1) or a substantially similar law of another state, no order or temporary order may
1be entered for child support, legal custody, or physical placement until the male is
2adjudicated the father using the procedure set forth in this subchapter, except s.
3767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive
4procedure for establishment of child support obligations, legal custody, or physical
5placement rights for a male who is not presumed the child's father under s. 891.41
6(1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially
7similar law of another state to be the father is by an action under this subchapter,
8except s. 767.805, or under s.
769.701 769.402. No person may waive the use of this
9procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has
10the burden of rebutting the presumption.
AB686, s. 3
11Section
3. 769.101 (2) of the statutes is amended to read:
AB686,5,1412
769.101
(2) "Child support order" means a support order for a child, including
13a child who has attained the age of majority under the law of the issuing state
or
14foreign country.
AB686, s. 4
15Section
4. 769.101 (2c) of the statutes is created to read:
AB686,5,1816
769.101
(2c) "Convention" means the Convention on the International
17Recovery of Child Support and Other Forms of Family Maintenance, concluded at
18The Hague on November 23, 2007.
AB686, s. 5
19Section
5. 769.101 (3c) of the statutes is created to read:
AB686,5,2220
769.101
(3c) "Foreign country" means a country, including a political
21subdivision of the country, other than the United States, that authorizes the issuance
22of support orders and to which any of the following applies:
AB686,5,2423
(a) The country or political subdivision has been declared under the law of the
24United States to be a foreign reciprocating country.
AB686,6,2
1(b) The country or political subdivision has established a reciprocal
2arrangement for child support with this state under s. 769.308 (2).
AB686,6,53
(c) The country or political subdivision has enacted a law or established
4procedures for the issuance and enforcement of support orders that are substantially
5similar to the procedures under this chapter.
AB686,6,76
(d) The country or political subdivision is one in which the convention is in force
7with respect to the United States.
AB686, s. 6
8Section
6. 769.101 (3g) of the statutes is created to read:
AB686,6,109
769.101
(3g) "Foreign support order" means a support order of a foreign
10tribunal.
AB686, s. 7
11Section
7. 769.101 (3m) of the statutes is created to read:
AB686,6,1512
769.101
(3m) "Foreign tribunal" means a court, administrative agency, or
13quasi-judicial entity of a foreign country that is authorized to establish, enforce, or
14modify support orders or to determine parentage of a child. "Foreign tribunal"
15includes a competent authority under the convention.
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.