SB473, s. 100
8Section
100. 769.316 (5) of the statutes is amended to read:
SB473,27,129
769.316
(5) Documentary evidence transmitted from
another outside this state
10to a tribunal of this state by telephone, telecopier
, or other
electronic means that do
11not provide an original
writing record may not be excluded from evidence on an
12objection based on the means of transmission.
SB473, s. 101
13Section
101. 769.316 (6) of the statutes is amended to read:
SB473,27,1914
769.316
(6) In a proceeding under this chapter, a tribunal of this state
may 15shall permit a party or witness residing
in another outside this state to be deposed
16or to testify
under penalty of perjury by telephone, audiovisual means
, or other
17electronic means at a designated tribunal or other location
in that state. A tribunal
18of this state shall cooperate with
other tribunals
of other states in designating an
19appropriate location for the deposition or testimony.
SB473, s. 102
20Section
102. 769.316 (10) of the statutes is created to read:
SB473,27,2221
769.316
(10) A voluntary acknowledgment of paternity, certified as a true copy,
22is admissible to establish parentage of the child.
SB473, s. 103
23Section
103. 769.317 of the statutes is amended to read:
SB473,28,4
24769.317 Communications between tribunals. A tribunal of this state may
25communicate with a tribunal
of another outside this state in
writing, a record or by
1telephone
, electronic mail, or other means, to obtain information concerning the laws
2of that state, the legal effect of a judgment, decree
, or order of that tribunal
, and the
3status of a proceeding
in the other state. A tribunal of this state may furnish similar
4information by similar means to a tribunal
of another
outside this state.
SB473, s. 104
5Section
104. 769.318 (1) of the statutes is amended to read:
SB473,28,76
769.318
(1) Request a tribunal
of another outside this state to assist in
7obtaining discovery.
SB473, s. 105
8Section
105. 769.318 (2) of the statutes is amended to read:
SB473,28,109
769.318
(2) Upon request, compel a person over
whom which it has jurisdiction
10to respond to a discovery order issued by a tribunal
of another outside this state.
SB473, s. 106
11Section
106. 769.319 of the statutes is renumbered 769.319 (1) and amended
12to read:
SB473,28,1813
769.319
(1) A support enforcement agency, its designee
, or a tribunal of this
14state shall disburse promptly any amounts received under a support order, as
15directed by the order. The agency, its designee
, or the tribunal shall furnish to a
16requesting party or tribunal of another state
or a foreign country a certified
17statement by the custodian of the record of the amounts and dates of all payments
18received.
SB473, s. 107
19Section
107. 769.319 (2) of the statutes is created to read:
SB473,28,2320
769.319
(2) If neither the obligor, nor the obligee who is an individual, nor the
21child resides in this state, upon request from the support enforcement agency of this
22state or another state, the support enforcement agency of this state or a tribunal of
23this state shall do all of the following:
SB473,28,2524
(a) Direct that the support payment be made to the support enforcement agency
25in the state in which the obligee is receiving services.
SB473,29,3
1(b) Issue and send to the obligor's employer a conforming income-withholding
2order or an administrative notice of change of payee, reflecting the redirected
3payments.
SB473, s. 108
4Section
108. 769.319 (3) of the statutes is created to read:
SB473,29,85
769.319
(3) The support enforcement agency of this state receiving redirected
6payments from another state under a law similar to sub. (2) shall furnish to a
7requesting party or tribunal of the other state a certified statement by the custodian
8of the record of the amount and dates of all payments received.
SB473, s. 109
9Section
109. Subchapter IV (title) of chapter 769 [precedes 769.401] of the
10statutes is amended to read:
SB473,29,1111
CHAPTER 769
SB473,29,1212
SUBCHAPTER IV
SB473,29,1413
ESTABLISHMENT OF SUPPORT ORDER
14or determination of parentage
SB473, s. 110
15Section
110. 769.401 (1) (intro.) of the statutes is amended to read:
SB473,29,1816
769.401
(1) (intro.) If a support order entitled to recognition under this chapter
17has not been issued, a responding tribunal of this state
with personal jurisdiction
18over the parties may issue a support order if any of the following applies:
SB473, s. 111
19Section
111. 769.401 (1) (a) of the statutes is amended to read:
SB473,29,2120
769.401
(1) (a) The individual seeking the order resides
in another outside this 21state.
SB473, s. 112
22Section
112. 769.401 (1) (b) of the statutes is amended to read:
SB473,29,2423
769.401
(1) (b) The support enforcement agency seeking the order is located
in
24another outside this state.
SB473, s. 113
25Section
113. 769.401 (2) of the statutes is repealed and recreated to read:
SB473,30,3
1769.401
(2) The tribunal may issue a temporary child support order if the
2tribunal determines that such an order is appropriate and if the individual ordered
3to pay is any of the following:
SB473,30,44
(a) A presumed father of the child.
SB473,30,55
(b) An individual who is petitioning to have his paternity adjudicated.
SB473,30,76
(c) An individual who has been identified as the father of the child through
7genetic testing.
SB473,30,88
(d) An alleged father of the child who has declined to submit to genetic testing.
SB473,30,109
(e) An individual who has been shown by clear and convincing evidence to be
10the father of the child.
SB473,30,1111
(f) An individual who has acknowledged paternity of the child under s. 767.805.
SB473,30,1212
(g) The mother of the child.
SB473,30,1413
(h) An individual who has been ordered to pay child support in a previous
14proceeding and the order has not been reversed or vacated.
SB473, s. 114
15Section
114. 769.402 of the statutes is created to read:
SB473,30,19
16769.402 Proceeding to determine parentage. A tribunal of this state
17authorized to determine parentage of a child may serve as a responding tribunal in
18a proceeding to determine parentage of a child brought under this chapter or a law
19or procedure substantially similar to this chapter.
SB473, s. 115
20Section
115. Subchapter V (title) of chapter 769 [precedes 769.501] of the
21statutes is amended to read:
SB473,30,2222
CHAPTER 769
SB473,30,2323
SUBCHAPTER V
SB473,31,3
1ENFORCEMENT OF
Support ORDER
2OF ANOTHER STATE3
WITHOUT REGISTRATION
SB473, s. 116
4Section
116. 769.501 of the statutes is amended to read:
SB473,31,9
5769.501 Employer's receipt of income-withholding order of another
6state. An income-withholding order issued in another state may be sent
by or on
7behalf of the obligee, or by the support enforcement agency, to the obligor's employer
8without first filing a petition or comparable pleading or registering the
9income-withholding order with a tribunal of this state.
SB473, s. 117
10Section
117. 769.505 of the statutes is amended to read:
SB473,31,14
11769.505 Penalties for noncompliance. An employer that willfully fails to
12comply with an income-withholding order issued
by
in another state and received
13for enforcement is subject to the same penalties that may be imposed for
14noncompliance with an income-withholding order issued by a tribunal of this state.
SB473, s. 118
15Section
118. 769.506 (1) of the statutes is amended to read:
SB473,31,2116
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.
SB473, s. 119
22Section
119. 769.507 (1) of the statutes is amended to read:
SB473,32,223
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.
SB473, s. 120
3Section
120. Subchapter VI (title) of chapter 769 [precedes 769.601] of the
4statutes is amended to read:
SB473,32,66
SUBCHAPTER VI
SB473,32,9
7ENFORCEMENT Registration,
8
enforcement, AND MODIFICATION OF
9
SUPPORT ORDER
AFTER REGISTRATION
SB473, s. 121
10Section
121. 769.601 of the statutes is amended to read:
SB473,32,13
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.
SB473, s. 122
14Section
122. 769.602 (1) (intro.) of the statutes is amended to read:
SB473,32,1815
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:
SB473, s. 123
19Section
123. 769.602 (1) (c) of the statutes is amended to read:
SB473,32,2220
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.
SB473, s. 124
23Section
124. 769.602 (2) of the statutes is amended to read:
SB473,33,224
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.
SB473, s. 125
3Section
125. 769.602 (4) of the statutes is created to read:
SB473,33,54
769.602
(4) If 2 or more orders are in effect, the person requesting registration
5must do all of the following:
SB473,33,76
(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.
SB473,33,88
(b) Specify the order that is alleged to be the controlling order, if any.
SB473,33,99
(c) Specify the amount of the consolidated arrears, if any.
SB473, s. 126
10Section
126. 769.602 (5) of the statutes is created to read:
SB473,33,1411
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.
SB473, s. 127
15Section
127. 769.603 (1) of the statutes is amended to read:
SB473,33,1816
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.
SB473, s. 128
19Section
128. 769.603 (2) of the statutes is amended to read:
SB473,33,2220
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.
SB473, s. 129
23Section
129. 769.603 (3) of the statutes is amended to read:
SB473,34,3
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.
SB473, s. 130
4Section
130. 769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and
5amended to read:
SB473,34,76
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:
SB473,34,9
8(a) The nature, extent, amount
, and duration of current payments
and other
9obligations of support and the under a registered support order.
SB473,34,11
10(b) The computation and payment of arrearages
and accrual of interest on the
11arrearages under the
support order.
SB473, s. 131
12Section
131. 769.604 (1) (c) of the statutes is created to read:
SB473,34,1413
769.604
(1) (c) The existence and satisfaction of other obligations under the
14support order.
SB473, s. 132
15Section
132. 769.604 (2) of the statutes is amended to read:
SB473,34,1816
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.
SB473, s. 133
19Section
133. 769.604 (3) of the statutes is created to read:
SB473,34,2320
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.