SB473: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB473, s. 1 Section 1. 767.01 (2) of the statutes is amended to read:

SB473,4,5 767.01 (2) Paternity and child support. In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201 (1m) or 801.05.

SB473, s. 2 Section 2. 767.80 (5m) of the statutes is amended to read:

SB473,5,10 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss. 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is presumed the child's father under s. 891.41 (1), is adjudicated the child's father either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, or has acknowledged himself to be the child's father under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male is adjudicated the father using the procedure set forth in this subchapter, except s. 767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male who is not presumed the child's father under s. 891.41 (1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father is by an action under this subchapter, except s. 767.805, or under s. 769.701 769.402. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.

SB473, s. 3 Section 3. 769.101 (2) of the statutes is amended to read:

SB473,5,14 769.101 (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

SB473, s. 4 Section 4. 769.101 (2c) of the statutes is created to read:

SB473,5,18 769.101 (2c) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

SB473, s. 5 Section 5. 769.101 (3c) of the statutes is created to read:

SB473,5,22 769.101 (3c) "Foreign country" means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:

SB473,5,24 (a) The country or political subdivision has been declared under the law of the United States to be a foreign reciprocating country.

SB473,6,2 (b) The country or political subdivision has established a reciprocal arrangement for child support with this state under s. 769.308 (2).

SB473,6,5 (c) The country or political subdivision has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.

SB473,6,7 (d) The country or political subdivision is one in which the convention is in force with respect to the United States.

SB473, s. 6 Section 6. 769.101 (3g) of the statutes is created to read:

SB473,6,10 769.101 (3g) "Foreign support order" means a support order of a foreign tribunal.

SB473, s. 7 Section 7. 769.101 (3m) of the statutes is created to read:

SB473,6,15 769.101 (3m) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. "Foreign tribunal" includes a competent authority under the convention.

SB473, s. 8 Section 8. 769.101 (4) of the statutes is amended to read:

SB473,6,22 769.101 (4) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

SB473, s. 9 Section 9. 769.101 (7) of the statutes is repealed.

SB473, s. 10 Section 10. 769.101 (8) of the statutes is amended to read:

SB473,7,4 769.101 (8) "Initiating tribunal" means the authorized tribunal in an initiating of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

SB473, s. 11 Section 11. 769.101 (8m) of the statutes is created to read:

SB473,7,7 769.101 (8m) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

SB473, s. 12 Section 12. 769.101 (9) of the statutes is amended to read:

SB473,7,10 769.101 (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child.

SB473, s. 13 Section 13. 769.101 (10) of the statutes is amended to read:

SB473,7,13 769.101 (10) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child.

SB473, s. 14 Section 14. 769.101 (12) (a) of the statutes is amended to read:

SB473,7,17 769.101 (12) (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage of a child has been rendered issued.

SB473, s. 15 Section 15. 769.101 (12) (b) of the statutes is amended to read:

SB473,7,22 769.101 (12) (b) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.

SB473, s. 16 Section 16. 769.101 (12) (d) of the statutes is created to read:

SB473,7,24 769.101 (12) (d) A person that is a creditor in a proceeding under subch. VII.

SB473, s. 17 Section 17. 769.101 (13) (d) of the statutes is created to read:

SB473,8,2 769.101 (13) (d) The individual or decedent is a debtor in a proceeding under subch. VII.

SB473, s. 18 Section 18. 769.101 (13m) of the statutes is created to read:

SB473,8,5 769.101 (13m) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

SB473, s. 19 Section 19. 769.101 (13r) of the statutes is created to read:

SB473,8,9 769.101 (13r) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

SB473, s. 20 Section 20. 769.101 (14) of the statutes is amended to read:

SB473,8,13 769.101 (14) "Register" means to file in a tribunal of this state a support order or judgment determining parentage with the clerk of court of a child issued in another state or a foreign country.

SB473, s. 21 Section 21. 769.101 (15) of the statutes is amended to read:

SB473,8,16 769.101 (15) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

SB473, s. 22 Section 22. 769.101 (16) of the statutes is amended to read:

SB473,8,24 769.101 (16) "Responding state" means a state in which a proceeding petition or comparable pleading for support or to determine parentage of a child is filed or to which a proceeding petition or comparable pleading is forwarded for filing from an initiating another state under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act or a foreign country.

SB473, s. 23 Section 23. 769.101 (17) of the statutes is amended to read:

SB473,9,2 769.101 (17) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

SB473, s. 24 Section 24. 769.101 (19) (intro.) and (a) of the statutes are consolidated, renumbered 769.101 (19) and amended to read:

SB473,9,8 769.101 (19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes all of the following: (a) An an Indian nation or tribe.

SB473, s. 25 Section 25. 769.101 (19) (b) of the statutes is repealed.

SB473, s. 26 Section 26. 769.101 (20) (intro.) of the statutes is amended to read:

SB473,9,12 769.101 (20) (intro.) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to seek do any of the following:

SB473, s. 27 Section 27. 769.101 (20) (a) of the statutes is amended to read:

SB473,9,15 769.101 (20) (a) Enforcement Seek enforcement of support orders or laws relating to the duty of support.

SB473, s. 28 Section 28. 769.101 (20) (b) of the statutes is amended to read:

SB473,9,18 769.101 (20) (b) Establishment Seek establishment or modification of child support.

SB473, s. 29 Section 29. 769.101 (20) (c) of the statutes is amended to read:

SB473,9,20 769.101 (20) (c) Determination Request determination of parentage of a child.

SB473, s. 30 Section 30. 769.101 (20) (d) of the statutes is amended to read:

SB473,9,22 769.101 (20) (d) Location of Attempt to locate obligors or their assets.

SB473, s. 31 Section 31. 769.101 (20) (e) of the statutes is created to read:

SB473,9,24 769.101 (20) (e) Request determination of the controlling child support order.

SB473, s. 32 Section 32. 769.101 (21) of the statutes is amended to read:

SB473,10,8 769.101 (21) "Support order" means a judgment, decree or, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement, and that for financial assistance provided to an individual obligee in place of child support. "Support order" may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.

SB473, s. 33 Section 33. 769.101 (22) of the statutes is amended to read:

SB473,10,12 769.101 (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage in this state or in an issuing or responding state of a child.

SB473, s. 34 Section 34. 769.102 (title) of the statutes is repealed and recreated to read:

SB473,10,14 769.102 (title) State tribunal and support enforcement agency.

SB473, s. 35 Section 35. 769.102 of the statutes is renumbered 769.102 (1).

SB473, s. 36 Section 36. 769.102 (2) of the statutes is created to read:

SB473,10,18 769.102 (2) The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.

SB473, s. 37 Section 37. 769.103 of the statutes is renumbered 769.103 (1).

SB473, s. 38 Section 38. 769.103 (2) of the statutes is created to read:

SB473,10,21 769.103 (2) This chapter does not do any of the following:

SB473,10,23 (a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.

SB473,11,3 (b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.

SB473, s. 39 Section 39. 769.105 of the statutes is created to read:

SB473,11,8 769.105 Application of chapter to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply subchs. I to VI and, as applicable, subch. VII, to a support proceeding that involves any of the following:

SB473,11,9 (a) A foreign support order.

SB473,11,10 (b) A foreign tribunal.

SB473,11,11 (c) An obligee, obligor, or child residing in a foreign country.

SB473,11,14 (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of subchs. I to VI.

SB473,11,17 (3) Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI, subch. VII controls.

SB473, s. 40 Section 40. 769.201 of the statutes is renumbered 769.201 (1m), and 769.201 (1m) (intro.) and (g), as renumbered, are amended to read:

SB473,11,23 769.201 (1m) (intro.) In a proceeding under this chapter to establish, or enforce or modify a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if any of the following applies:

SB473,12,2 (g) The individual asserted parentage of a child in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.